The Biden administration has unfolded its plans to reopen H-1B petitions that have previously been denied due to three rescinded Trump policy memos.

Such announcement has brought hope to many Indian professionals, who are the largest national group of applicants or the US H-1B visa program, obtaining nearly two-thirds of the total of 85,000 H-1B visas issued annually, as well as other internationals interested in working in the US companies, in different fields such as professors, doctors, IT specialists, lawyers, accountants, etc., VisaGuide.World reports.

Trump’s administration has denied several H-1B petitions based on restrictions imposed under these three rescinded memos.

In a press release announcing the possibility, the United States Citizenship and Immigration Services (USCIS) stressed that it might reconsider or reopen adverse decisions on Form I-129, petition for a nonimmigrant worker, which are made following the above-mentioned memos.

“USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda below,” the statement published by the United States Citizenship and Immigration Services highlights.

In addition to that, the agency is authorized to accept and consider untimely motions under some circumstances, as it is explained in the form instructions.

All those who receive an adverse decision on an H-1B petition based on the current rescinded policy memoranda should consider if there is time remaining in the validity period requested on H-1B petitions filed previously as well as the labor condition application.

“Additionally, USCIS recently extended through March 31, 2021, COVID-19 related accommodations that affect the deadlines for filing motions and appeals. USCIS will generally process motions based on filing order and consistent with current policy guidance,” the statement reads.

In February, the Department of Homeland and Security posted for public inspection the final rule changing regulations regarding H-1B cap-subject petitions, taking into account those that could be eligible for the advanced degree exemption.

In February, the United States Immigration data revealed that the rejection rates for H-1B work visas decreased profoundly for the top 10 companies in the quarter ended September 31, 2020.

Based on the US Immigration data, the rejection rate marked a 1.5 percent decrease from July until September, in comparison to 21 percent in the previous nine months.

However, Trump’s administration wanted to impose new changes to the program in order to create a more specific path for businesses in the US; therefore, in January, he announced that the administration made new changes to the H-1B visa norms by amending regulations to give priority to higher wages when selecting candidates for the program.

Former President Trump also imposed two new H-1B visa regulations, which a US District Court abolished in December. The rules would impede US companies from hiring international employees.