Immigration Law Blog

The USCIS recently rescinded a memorandum issued in 2000 pertaining to adjudication of H-1B petitions for “Computer Programmers”. In its place, a new memo issued by the USCIS Nebraska Service Center offers clarity on USCIS’s approach to determining whether the position of “Computer Programmer” is deemed a “specialty occupation” that would be eligible for H-1B status. Companies petitioning for H-1B status for workers in computer programming positions will need to demonstrate that these jobs are complex or specialized and require professional degrees. Applications filed using entry-level wages will also receive more scrutiny. The change appears to target outsourcing companies, who typically employ lower-paid, lower-level computer programming workers. A USCIS spokeswoman said the guidance is "not a policy change" and is just clarifying existing policy for the Nebraska Service Cen