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USCIS Announces They May Reopen Previously Denied H-1B Petitions

March 17, 2021

On Friday, March 12, USCIS announced they may reopen H-1B petitions denied under three rescinded policy memos. If a denial decision was based on one or more of the rescinded policies listed:

  • “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements” issued, Jan. 8, 2010
  • “Contracts and Itineraries Requirements for H-1B Petitions Involving ThirdParty Worksites,” issued Feb. 22, 2018.
  • “Guidance memo on H1B computer-related positions” issued March 31, 2017

USCIS will generally use its discretion to accept a motion to reopen, filed more than 30 days after the decision, if the petition is filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier.