WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today naturalized the first nonimmigrant to enlist in the military under the Defense Department’s Military Accessions Vital to the National Interest (MAVNI) pilot recruiting program. 

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued guidance to certain employers who received a denial of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009.

If the Form I-129 was denied solely on the basis that the beneficiary did not possess a Master’s or higher degree in the field, the petition may be reopened on service motion and will be adjudicated in accordance with the May 20, 2009 memorandum on “Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation” (see Related Links section of this page), which provides clarification on the standards for H-1B health care specialty occupations. USCIS will only review denials of petitions for which it has received a written request for review from the petitioning employer or its representative.