| USCIS Policy for Some Computer Programmers to Apply for H1B Status |
| 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? Answer, USCIS (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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