New USCIS Memorandum Regarding Computer Programmer Positions

On March 31, 2017, United States Citizenship and Immigration Services (USCIS) released a policy memorandum that may affect the ability of some persons employed as computer programmers to obtain H1B status. The new memorandum specifically revokes a December 22, 2000 memo that had been issued  by the USCIS Nebraska Service Center, 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 new 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 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 IT field.

MurthyDotCom will address this new memorandum in more detail soon.


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