Can I Apply for H-1B Visa to Qualifies as a Specialty Occupation, H1B , H1B Visa, H1B application, Apply for H-1B Visa, H1B Specialty Occupation

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Can I Apply for H-1B Visa to Qualifies as a "Specialty Occupation"?

Hi William,

As a computer programmer in a smalll company on an entry-level position, can I apply for H-1B visa to qualifies as a "specialty occupation" ?

Answer,

USCIS generally considers computer programmer positions as specialty occupations for H-1B visa purposes, but recent policy changes have increased scrutiny on entry-level positions. While computer programmers can still qualify for H-1B status, petitioners must now demonstrate that the specific job qualifies as a "specialty occupation" by proving it requires a bachelor's degree or higher (or its equivalent) in a specific field. This means employers need to provide more detailed evidence beyond simply stating the job is programming.

The 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.

An H-1B visa is for specialty occupations, which generally require a bachelor's degree or higher in a specific field. USCIS used to presume that computer programmer positions were specialty occupations, but this presumption was rescinded in 2017.

USCIS now requires employers to prove that the specific job duties and requirements of a computer programmer position meet the definition of a specialty occupation, particularly for entry-level positions. This means employers may face more requests for evidence (RFEs) and increased scrutiny on H-1B petitions for computer programmers, especially for positions that don't clearly require a bachelor's degree or higher.