Washington: 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workers on visas like H-1B due to the three policy memos by the previous Trump administration which now have been rescinded.
The move is expected to come to the rescue of a large number of Indian IT professionals who were having a tough time during the previous Trump administration due to various policies and memorandums on non-immigrant work visas, in particular H-1B.
US Citizenship and Immigration Services (USCIS) 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may reopen and/or reconsider adverse decisions" on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos.
USCIS said it will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labour condition application, whichever is earlier, and the decision was based on one or more policies in the three rescinded H-1B memoranda.
On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda. First titled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements," that was issued on January 8, 2010; and second "Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites," issued on February 22, 2018.
On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142, "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions'," issued on March 31, 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to "any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification."
USCIS said a petitioner may request that it reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee.
In addition, USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances as explained in the form instructions and permitted by regulation.
"Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labour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.
USCIS will generally process motions based on filing order, and consistent with current policy guidance, the federal agency said.
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Bengaluru (PTI): Air Marshal Seethepalli Shrinivas took over as Air Officer Commanding-in-Chief (AOC-in-C), Training Command, Indian Air Force on Thursday.
An alumnus of National Defence Academy, Air Marshal Shrinivas was commissioned in the fighter stream of IAF on 13 June 1987, an official statement said.
Air Marshal Shrinivas is a ‘Category A' Qualified Flying Instructor with over 4,200 hours of flying experience on MiG-21, Iskra, Kiran, PC-7 Mk II, HPT-32 and Microlite amongst other aircraft.
The AOC-in-C is also qualified as a second pilot on Chetak / Cheetah helicopter and a categorised Operations Officer on the Pechora missile system.
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The Air Marshal has held a number of command appointments in his career.
He has been the Commandant of the Air Force Academy, Air Officer Commanding (AOC) of a frontline fighter base on the Western border, and a premier flying training base, AOC Advance HQ Western Air Command (Jaipur), Commanding Officer of the prestigious Flying Instructors’ School, Commandant of the Institute of Aerospace Safety and CO of Basic Flying Training School.
His staff and other appointments include Assistant Chief of the Air Staff (Personnel Officers), Chief Instructor (Flying) at Air Force Academy, Ops Staff at HQ Central Air Command and Directing Staff at College of Air Warfare. Prior to his current assignment, he was the Senior Air Staff Officer at HQ SWAC.
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Air Marshal Shrinivas is a graduate of National Defence College, College of Defence Management and Defence Services Staff College. His educational qualifications include Master of Philosophy in Defence and Strategic Studies, Master of Management Studies and Master of Science in Defence and Strategic Studies.
In recognition of his meritorious services, he was awarded the Vishisht Seva Medal in 2017 and the Ati Vishisht Seva Medal in 2024 by the President of India.
After assumption of his new appointment, the Air Marshal paid homage to bravehearts by laying a wreath at the Training Command War Memorial.
