USCIS announces possible H-1B reconsiderations due to rescinded memos

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EY Global
17 Mar 2021 PDF
Subject Tax Alert
Categories Immigration
Jurisdictions United States

United States Citizenship Immigration Services (USCIS) announced on March 12, that it may reopen adverse decisions on previously filed H-1B petitions, which were based on three policy memos that have since been rescinded. At its discretion, the USCIS will accept a motion to reopen (MTR), a decision based on one or more of the rescinded policy memos. In order to be considered, the employer must file the MTR before the end of the validity period requested either in the petition or the labor condition application, whichever is earlier.

A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.

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