Client Payment Portal

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On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer related positions.’ ” USCIS said its officers should not apply the rescinded memo “to any pending or new requests for H-1B classification, including motions and appeals of revocations and denials of H-1B classification,” and that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

Related Posts:

News Digest Special Edition: Understanding the January 20th Executive Orders

Recent Executive Orders (EOs) have significant implications for immigration, creating critical priorities for employers and employees alike. Below is an overview of the key areas affected and actionable recommendations to navigate these changes. 1. Maintaining Proof of Legal Status for Foreign National Workers Employers must remind their nonimmigrant employees to: Warning: Noncompliance can result in visa petition revocation, removal/deportation, and other severe consequences. Employers should ensure their workforce understands these obligations and provide resources to facilitate compliance. 2. Birthright Citizenship Policy Changes The EO titled Protecting the Meaning and Value of American Citizenship introduces restrictions on birthright citizenship.  Effective February 19, 2025. Key changes include: Recommended Actions for Work Visa Holders: Litigation Note: A federal judge has issued a temporary restraining order, blocking this EO for the time being. While its future is uncertain, employees should take precautions and secure documentation for their children promptly. 3. Travel Ban and Potential Restrictions The EO titled Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats mandates a review of countries with potentially insufficient visa vetting processes. A travel ban could be implemented within 30 to 60 days. The same EO will implement extreme vetting for visa […]

Read More

Immigration Update

In this edition, find the latest news on pending Supreme Court cases, updates to the Exchange Visitor Program, expansion of USCIS’ myProgress and more! Three Important Cases Pending Before U.S. Supreme Court Three important cases are pending before the U.S. Supreme Court. According to observers, at stake are the legitimacy of the current U.S. immigration court system and the longstanding precedent decision, Chevron v. Natural Resources Defense Council, and its standard for deference to federal administrative agency decisions. The cases include: Details:  Back to Top DOS Proposes Updates to Au Pair Exchange Visitor Program The Department of State (DOS) has issued a proposed rule to amend the Exchange Visitor Program regulations governing the au pair category to “clarify and modernize” the program. Among other things, the proposed rule would restructure the child care and educational components, replace the EduCare program with a part-time option, enhance au pair and host family orientation requirements, formalize standard operating procedures for rematching au pairs with new host families, and propose new requirements to strengthen au pair protections. DOS said it encourages public comment on the proposed rule, particularly on restructuring the au pair program and calculating weekly compensation. DOS initially said it would accept […]

Read More