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Immigration Law

USCIS Rescinds 2017 H-1B Policy Memo on Computer Related Positions

USCIS, Feb. 3, 2021

"PM-602-0142.1 - Rescission of 2017 Policy Memorandum PM-602-0142

Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’” USCIS officers should not apply PM-602-0142 to any pending or new requests for H-1B classification, including motions on and appeals of revocations and denials of H-1B classification. Further guidance will be forthcoming.

On December 16, 2020, the U.S. Court of Appeals for the 9th Circuit issued a decision in Innova Solutions v. Baran, No. 19-16849 (9th Cir. 2020) where the court overturned USCIS’ denial of an H-1B nonimmigrant visa petition as arbitrary and capricious. The court’s opinion noted that while USCIS did not explicitly rely on PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’” in the denial, the denial followed its logic. In order to ensure consistent adjudications across the H-1B program, USCIS is rescinding PM-602-0142."