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USCIS Policy for Some Computer Programmers to Apply for H1B Status

Hi William,

I read some news that there is a USCIS policy change for some
computer programmers to apply for H1B status. Is it true and what is the change actually?


United States Citizenship and Immigration Services) recently released a policy memorandum that may affect the ability of some foreign aliens employed as computer programmers to obtain H1B status.

The new memorandum specifically revokes previous 
memorandum, which had stated that a computer programmer position would generally qualify as a “specialty occupation”, and be eligible for approval of an H1B petition. The previous memorandum does not fully or properly articulate the criteria that apply to H-1B specialty occupation adjudications, also it did not accurately portray essential information from the USCIS Handbook that recognized that some computer programmers qualify for these jobs with only “2-year degrees.”

The new USCIS memorandum advises that persons employed as computer programmers, particularly those in entry-level positions, may not be considered to be employed in a “specialty occupation,” and may not qualify for H1B status, because a bachelor’s degree in a specific field may not be required for the
computer programmer position. The USCIS states in the memorandum that this is not a change in policy. However, the language of the memorandum does appear to present some new challenges to companies in the information technology field.

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