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Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’” USCIS officers have been instructed not to apply this guidance 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.
The decision is based on the 9th Circuit 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. Thus, in order to ensure consistent adjudications across the H-1B program, USCIS is rescinding “Guidance memo on H1B computer related positions”.