USCIS Rescinds 2017 Policy Memorandum On H-1B Computer-Related Positions
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(USCIS) rescinded PM-602-0142, “Rescission of the December 22,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apply the rescinded memo “to any pending or new requests for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.
Details:
- “Rescission of 2017 Policy Memorandum PM-602-0142,”USCIS, Feb. 3, 2021, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0142.1_RescissionOfPM-602-0142.pdf
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