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USCIS formally rescinds key policy memos connected to H-1B filings

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Pasricha & Patel

In the aftermath of the May 2020 legal settlement that was reached between the USCIS and IT Serve Alliance, which represents a collection of IT consulting firms who had filed lawsuit against the USCIS to contest the enforcement of certain USCIS policy practices governing the H-1B nonimmigrant temporary worker petition filings, the USCIS has formally rescinded both its previously published year 2010 Determining Employer-Employee Relationship (including Third-Party Site Placements) for H-1B petitions Memorandum, as well as the subsequently issued year 2018 Contracts and Itineraries Requirement for H-1B Petitions Involving Third-Party Worksite.

These rescissions take effect immediately and this also means that the USCIS will not apply the requirements contained in these two (2) memorandums to any H-1B petitions, including filed and pending petitions, as well as any filed motions on and appeals of revocations and denials of H-1B visa classification petitions.

This should bring immediate relief to H-1B petitioners and the H-1B petitions that will either be filed with the USCIS, as well as those petitions that are already filed and pending with the USCIS. And it will also be interesting to see whether this will result in higher approval rates for H-1B petitions, particularly for cases that are filed by IT consulting companies and services, as these two (2) key memos had been quite challenging to companies in that sector.

We will continue to monitor the situation and provide further analysis and update regarding the possible impact of the USCIS’s latest action as we receive more information about this development.

We suggest readers to continue to check back with our site for further updates, and should you have any questions regarding this matter or any other issues, please do not hesitate to contact our office to set up formal consultation.