On February 3, 2021, U.S. Citizenship and Immigration Services

(USCIS) rescinded PM-602-0142, “Rescission of the December 22,

2000 'Guidance memo on H-1B computer related

positions.' ” USCIS said its officers should not

apply the rescinded memo “to any pending or new requests for

H-1B classification, including motions and appeals of revocations

and denials of H-1B classification,” and that further guidance

is forthcoming.

USCIS explained that on December 16, 2020, the U.S. Court of

Appeals for the 9th Circuit issued a decision in Innova

Solutions v. Baran, where the court overturned USCIS's

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, the denial followed its logic. To

ensure “consistent adjudications across the H-1B program,

USCIS is rescinding PM-602-0142,” the new USCIS policy

memorandum said.


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