Biden admin to reconsider Trump's adverse decisions on H1B visas

The Biden administration on Friday said it is willing to reconsider the objections or adverse decisions to foreign workers on visas like H-1B due to the three policy memos by the previous Trump administration which now have been rescinded. US Citizenship and Immigration Services on Friday announced "it may reopen and/or reconsider adverse decisions" on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142, "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions'," issued on March 31, 2017. USCIS said a petitioner may request that it reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. "Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labour condition application," USCIS said.