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The administration of the new USA President Joe Biden said that they are in plans to reconsider the objections or decisions for the foreign workers on H-1B visas of the three policy memos by the administration of Donald Trump. This will rescue thousands of Indian IT professionals who are having a tough time for the past few years. Donald Trump introduced various policies in the past for non-immigrant work visas and particularly for H-1B visas. On Friday, the US Citizenship and Immigration Services (USCIS) announced that the decisions will be reconsidered. USCIS generally uses the discretion to reopen a motion that is filed more than 30 days after the decision is taken.

USCIS issued Policy Memorandum 602-0114 on June 17th, 2020 and USCIS issued Policy Memorandum 602-0142.1 on February 3rd, 2021. A petitioner can request the reopening of any request based on three rescinded policy memos and this can be done by filling the Form 1-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. USCIS also has the authority to accept and consider the motions under specific circumstances as explained. They generally process motions that are based on filing orders with the policy guidance.

By Siva Kumar