Joe Biden Opens His Doors For Indian IT Professionals
US President Joe Biden rescinded the three policy memos about foreign workers on visas like H-1B due. Taken by previous Trump government, the decisions put severe restrictions on the Indian IT professionals and others seeking employment in the US.
What were those decisions?
On June 17, 2020, the Trump government rescinded two prior policy memoranda by issuing a Policy Memorandum 602-0114. The policies rescinded were:
• Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements issued on January 8, 2010
• Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued on February 22, 2018
On February 3, 2021, Trump government issued another Policy Memorandum 602-0142.1 to do away with PM-602-0142. This policy memo was rescission of the December 22, 2000 Guidance memo on H1B computer related positions issued on March 31, 2017.
US Citizenship and Immigration Services (USCIS) said that both the memos would apply to any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.
What is the current stage of US visa applications?
Biden administration allowed petitioners to reopen and/or reconsider adverse decisions of the earlier policy memos by filing Form I-290B, Notice of Appeal of Motion to reverse. USCIS would charge a reopening fee.
Also, USCIS is provided discretionary powers to accept and consider untimely motions but the discretionary powers can be exercised only under certain circumstances as explained and permitted by the government. The petitioners have to keep the policy timeline in mind while filing their petitions.