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On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer related positions.’ ” USCIS said its officers should not apply the rescinded memo “to any pending or new requests for H-1B classification, including motions and appeals of revocations and denials of H-1B classification,” and that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

DV Green Card Lottery Results Out. Hoorah!

I have been Provisionally Accepted—Do I need a lawyer? A deceptively complex program involving a “lottery within a lottery”. By Bernard Wolfsdorf & Naveen Bhora The U.S. Department of State (“DOS”) has advised that: DV-2024 Entrants from last year) can check their confirmation information. This is for the DV-lottery registration...

WR Immigration News Digest

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. FY 2027 H-1B Cap Registration Begins USCIS has announced the opening of the FY 2027 H-1B cap initial registration period, which will run from noon...