Call Us: 1.877. 24844 .85

|Email Us:

USCIS May Reopen H-1B Petitions Denials Based on Rescinded Policies

By: Angelita Chavez | March 15, 2021

By Vandana Marath

United States Citizenship and Immigration Services (USCIS) has announced that it may reconsider or reopen unfavorable decisions made on Form I-129, Petition for a Nonimmigrant Worker based on rescinded USCIS policies[1]. The rescinded polices included, among other things, stricter documentation requirements for proving the employer-employee relationship.

Petitioners can file a motion to reopen and/or reconsider for an adverse decision based on one of the rescinded policy memos by filing Form I-290B, Notice of Appeal or Motion along with appropriate filing fees. In some cases, USCIS will accept motions filed more than 30 days after the adverse decision was received, if they are filed before the end of the validity period requested on the original H-1B petition or labor condition application (whichever is earlier).

USCIS has also extended COVID-19 accommodations until March 31st, 2021.


For help understanding whether your H-1B petition or labor condition application may qualify to be reopened or reconsidered, please contact your trusted Chugh, LLP attorney.

[1] The two policy memoranda in question include: (1) Policy Memorandum 602-0114, which rescinded HQ 70/6.2.8 (AD 10-24), “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)),” issued, Jan. 8, 2010; and PM-602-0157, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018. (2) Policy Memorandum 602-0142.1 which rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued March 31, 2017.

Latest Posts


  • Corporate Law
  • Tax
  • Immigration
  • Litigation
  • Family Law
  • Class Action
  • Corporate Formation And Formalities
  • Mergers And Acquisition
  • Joint Ventures
  • Employment Law
  • Real Estate
  • Intellectual Property
  • Doing Business In India
  • Entertainment
  • Estate Planning
  • Premarital, Marital And Cohabitation Agreements
  • Divorce And Legal Separation
  • Spousal Support / Alimony
  • Child Custody, Visitation And Parenting Time
  • Child Support
  • Government Contract
  • Corporate Immigration
  • Employment Based Permanent Residence (green Card)
  • H-1b Visas For Temporary Workers
  • Intracompany Transferee Visa (l-1a/l1b)
  • Tn Visas
  • Labor Certification And National Interest Waiver
  • I-9 Compliance
  • O-1 Visa (individuals Of Extraordinary Ability)
  • H-2 Visas
  • B-1 Visa
  • Family-based Immigration
  • Permanent Residence
  • K Visas
  • International Adoption
  • Us Citizenship & Naturalization
  • Investors
  • Eb-5 Green Card
  • Treaty Trader Visa E-1
  • Treaty Investor Visa E-2
  • Students And Work Authorization
  • F-1 Student Visa
  • M-visas
  • Removal Defense
  • Victims Of Crime
  • Vawa
  • U Visas
  • T Visas
  • Other Immigration Categories
  • International
  • Landlord & Tenant
  • Personal Injury
  • Tax Law
  • Overseas Education Consultancy
  • Universal