USCIS Rescinds Finding that Computer Programmer is an H-1B Specialty Occupation

On March 31, 2017, USCIS issued a memorandum rescinding a 2000 memorandum finding that the occupational classification of Computer Programmer was a Specialty Occupation. A position must be a specialty occupation, or occupation requiring a four year degree in a field related to the occupation, in order to qualify under the H-1B program. The determination that not all Computer Programmer positions are specialty occupations could have a significant impact on the H-1B eligibility for entry-level computer occupations. Related Links: Rescission of the December 22, 2000 “Guidance memo on H1B computer related positions”. Bloomberg Asia, Trump Cracks Down on H-1B Visa Program That Feeds Silicon Valley.


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

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