I read online that President Biden is re-implementing the Trump policy of requiring detailed documents from end-clients when filing H1B petitions. Is that true?


No, this is not true. The USCIS memo you are referencing was issued by the Trump Administration in February 2018. In June 2020, the USCIS officially rescinded the memo as part of a settlement agreement between the USCIS and IT Serve Alliance.

The USCIS webpage that was created in 2018 to announce the release of the memo was never updated to indicate that the memo had been rescinded. For unknown reasons, the webpage was recently updated to show that the page was “Last Reviewed / Updated: 02/08/2021.” This resulted in online rumors spreading that the memo was now back in effect.

Our best guess is that the updated date on the page was made in error by a website administrator. Regardless of the reason, however, the memo remains rescinded. There has been no indication that the Biden Administration plans to bring it back.  (11.Feb.2021)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.


Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.