USCIS Rescinds Restrictive H-1B Policy Memo Following Litigation

U.S. Citizenship & Immigration Services (USCIS) recently entered into an agreement with ITServe Alliance, Inc., an information technology trade group, to overturn more than 200 H-1B denials. The move comes after a federal court ruled in March that USCIS policies narrowly defining employer-employee relationships, as well as other regulatory requirements for H-1B classification, were implemented outside of proper notice-and-comment rulemaking.

In recent years, USCIS has increasingly challenged employers seeking H-1B classification for highly skilled workers in specialty occupation positions, e.g., technology, pharmaceutical, healthcare, and university professionals.

Under the resulting May 20, 2020, agreement, USCIS will rescind a February 2018 policy memorandum and reopen H-1B denials that were the subject of the ITServe Alliance lawsuit.

Related Links:

• Settlement Agreement
• ITServe Alliance, Inc., v. Cissna
• USCIS February 2018 Memo to be Rescinded, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites”