Skip to main content

H-1B Changes for Computer Workers

By April 11, 2017May 18th, 2021H-1B and E-3 Visa, Immigration

USCIS has issued a new policy that takes hard aim at computer related technology jobs.  The crux of the policy memo is that computer programmer jobs are not presumed to be eligible for the H-1B program.  While a computer programmer can still meet the H-1B requirements, it is clear that the government will scrutinize these petitions very heavily and may deny certain petitions on the bases that the job does not meet the specialty occupation requirement. This is especially the case where the job is an entry level position.

The new policy guidance follow through with a theme that has been evident for some time where USCIS has been questioning whether a job needs a bachelor’s degree but the guidance goes further as it i) explicitly rescinds an old memo that in essence said that a computer programmer met the requirements; and ii) formalizes what we have seen in Request for Evidence (RFE’s) for some time.

One saving grace is that the memo seems to focus almost exclusively on programmers so is not necessarily extended to other IT positions but as job categories often overlap, it is possible that we see scrutiny over all IT positions.  The memo has the following guidance:

  1. USCIS examiners should review the wage that the employer is offering for the job and make an assessment of whether it makes sense given the job duties, education and job description.
  2. Examiners are instructed to focus on entry level wages as they “will “will likely contradict a claim that the proffered position is particularly complex, specialized, or unique compared to other positions within the same occupation.”

The new memo will certainly provide ample ammunition for examiners to push back on petitions for computer programmers.  It is not a coincidence that the Trump administration has been a vocal critic of the H-1B program and in particular the computer programmers that come primarily from India to service the technology industry.

Employers should expect a significant ramp up in scrutiny for computer related H-1B petitions and RFE’s and Notices of Intent to Deny (NOIDS) are likely to be common place

FREE H-1B / E-3 Visa Resources

Click on the buttons below in order to claim your free H-1B / E-3 Visa Guide, sign up for our free H-1B / E-3 Visa Webinar, or watch our H-1B / E-3 Visa videos.

Download Our H-1B / E-3 Visa Guide
Sign Up For Our H-1B / E-3 Visa Webinar
Watch Our H-1B / E-3 Visa Videos

Set up an H-1B / E-3 Visa Consultation

For a dedicated one-on-one H-1B / E-3 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

We are happy to offer our H-1B / E-3 visa guide that describes the H-1B / E-3 visa requirements, and other advise to assist with your visa application.
For more info visit our H-1B / E-3 visa service page or schedule a consultation so we can handle your H-1B / E-3 visa process.