On March 12, 2021, USCIS announced that it may consider Motions to Reopen / Reconsider (MTRS) filed for cases which were denied based on three recently rescinded policy memos. Normally, an MTR must be filed within 30 days of the denial notice, but USCIS announced that it will consider MTRS filed beyond the deadline in its discretion. Since many of the affected cases are from years past, this is important news for our clients.

There are three policy memorandums which have been recently rescinded, meaning denials based on these memos were improper. These memos include:

  1. The 2010 Policy Memo titled, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements.”
  2. The 2018 Policy Memo titled, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.”
  3. The 2017 Policy Memo titled, ‘Guidance memo on H1B Computer Related Positions.”

As such, if you received an H-1B denial based on these memos (for example, insufficient end client documentation, a missing contract or SOW, an itinerary that did not cover the entire requested H-1B period, or on the basis that the position was for a computer programmer), you may now be eligible for relief.

Prior to this announcement, ILBSG has already filed several untimely MTRs based on the rescinded 2010 and 2018 policy memos, requesting sua sponte review in light of the ITServe case. We have received approvals for these cases, despite filing them up to two years after the denial notice date.

Now, as USCIS has formally announced it may consider untimely filed MTRs if they are based on the rescinded memos, we encourage any affected clients to come forward to take advantage of this opportunity for relief.

If you believe your denied case may be eligible for relief at this time and you would like to pursue an MTR, please reach out to our attorneys today. We work with you to get the right advice.

h-1b H-1B Denial MTRS USCIS