Second Chance for Denied H-1B Petitions During Trump Administration?

During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law.  The policies were embodied in several USCIS memoranda:

  • “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010
  • “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites” issued February 22, 2018
  • “Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer related positions’” issued March 31, 2017.

On March 12, 2021, the USCIS announced it will entertain motions to reopen and/or reconsider  H-1B petitions that were denied based upon these three policy memoranda.  Affected employers  can file a motion to reopen their case for possible approval IF there is still time remaining in the required period of employment (validity period) under the labor condition application (LCA).  To file a motion to reopen, the H-1B employer must file an I-290B Notice of Appeal or Motion  form and pay a $675 filing fee.

For some, this is a second chance for approval of their case even if the H-1B denial has occurred more than 30 days ago. If your petition was denied based on one of the three policies, contact your immigration attorney.

Published by Ann Badmus

If you're a foreign medical graduate or medical professional who wishes to practice anywhere in the United States, Badmus & Associates can help you navigate the often complicated immigration process. You are invited to contact us at 214-494-8033 or at immigration@badmuslaw.com.

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