USCIS To Revisit H-1B Denials Based On 3 Nixed Memos

Law360 (March 15, 2021, 8:38 PM EDT) -- Employers who were not allowed to hire specialized foreign workers under the H-1B visa program based on three overturned U.S. Citizenship and Immigration Services policies may now request another shot, the agency announced Friday.

The rescinded policies include Trump-era guidelines concerning the assessment of H-1B petitions where the prospective employee's job would take place at a third-party worksite away from the petitioning employer, contract requirements for such workers and a restrictive stance on whether computer programming qualified as a specialty occupation.

"USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision,...

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