Employers receiving denials for Forms I-129 filed for beneficiaries with healthcare specialty occupations prior to May 20, 2009, may file for USCIS to reopen and reconsider the denial.
The option to reopen and reconsider is specifically targeted to the H-1B petitions for health care specialty occupations that were denied solely due to the lack of a Master's or higher degree in the field. USCIS will review these denials and reissue adjudication in accordance with the May 20, 2009, memorandum on "Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation."
USCIS will only review denials for which a written request for review has been received. Employers should send an email to the Service Center that issued the denial to request a review. As a formal appeal is not required, USCIS will not collect any fees for this instance.
Emails requesting review will be accepted through August 14, 2009, and should include "PT/OT Service Motion Request" as the subject line. Requests for petitions should be sent to the California Service Center or the Vermont Service Center.
Review of the denial does not automatically warrant an approval of the H-1B petition. Employers should show how the beneficiary meets the standards established in the May 20, 2009, memorandum and submit evidence that the beneficiary is eligible to practice in the state of intended employment. If USCIS is not able to make a final decision, USCIS may request additional information. If the petition was denied upon additional grounds or if the petitioner is not able to submit requested evidence, the original denial will be affirmed.