USCIS issues new memo on Computer Programmers and H-1b qualification

By |2017-04-03T18:47:59+00:00April 3rd, 2017|Categories: Visas - H-1b, L-1, E, O, TN|Tags: , |

On Fri., USCIS HQ issued a new memo rescinding a 2000 memorandum and reminding employers that the occupation of "computer programmer" particularly level 1 positions may not meet the H-1b standards. The memo remarked that the basis of the 2000 memo i.e. the DOL's OOH Handbook and the industry itself has changed considerably in the past 16 years and that simply designating a position as a "computer programmer" is not sufficient alone to meet the H-1b standards. This new memo is NOT a change in the law but, it is expected that examiners at the SC's will utilize this memo in support of denials for petitions filed using this designation particularly, any that used a level 1 wage.