Evaluating the fate of computer programmers and H-1B dependent employers

The USCIS has been critical of viewing computer programmers as a speciality occupation

On  March 31, 2017, on the eve of the 2017-18 H-1B visa cap filing season, the United States Citizenship and Immigration Services issued a policy memorandum stating that computer programmer positions are not always “speciality occupations” that would render the occupation eligible under the H-1B visa. This memo rescinded an earlier memo of the Nebraska Service Center from 2000, which acknowledged that computer programming occupations were speciality occupations for H-1B purposes.

The new guidance references the department of labor’s occupational outlook handbook (OOH) which states, “Most computer programmers have a bachelor’s degree; however, some employers hire workers who have an