USCIS Rescinds 2017 Policy Memorandum on H-1B Computer-Related Positions

Feb 11, 2021 | Immigration Updates, Nonimmigrant Visas

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer related positions.’ ” USCIS said its officers should not apply the rescinded memo “to any pending or new requests for H-1B classification, including motions and appeals of revocations and denials of H-1B classification,” and that further guidance is forthcoming.

USCIS explained that on December 16, 2020, the U.S. Court of Appeals for the 9th Circuit issued a decision in Innova Solutions v. Baran, where the court overturned USCIS’s denial of an H-1B nonimmigrant visa petition as arbitrary and capricious. The court’s opinion noted that while USCIS did not explicitly rely on PM-602-0142, the denial followed its logic. To ensure “consistent adjudications across the H-1B program, USCIS is rescinding PM-602-0142,” the new USCIS policy memorandum said. For more information please see:

Source:

https://www.uscis.gov/sites/default/files/document/memos/PM-602-0142.1_RescissionOfPM-602-0142.pdf

Subscribe to the WR Immigration Newsletters

Start the RFP Process

Join the Corporate Benchmarking Roundtable

Request an Attorney Consultation

Related Posts:

Immigration Update

In this edition, find the latest news on a district court upholding an extension for STEM-related Optional Practical Training, a Fifth Circuit Court of Appeals ruling declaring DACA illegal, the latest USCIS policy guidance on the EB-5 Reform and Integrity Act, and more. Optional Practical Training, STEM Extension Upheld by...

Employment-Based Immigrant Visa Trends and Immigrant Visa Usage for 2022 Fiscal Year

For an in-depth look at the April Visa Bulletin, check out WR’s Chatting with Charlie: Unpacking the April Visa Bulletin on March 15, 2023 at 11 AM PST. Late February the State Department finally published the anticipated Table V to complete its 2022 Annual Report of the Visa Office. The...