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[IANAL] "Computer programmers may no longer be eligible for H-1B visas" - This is absurd and incorrect. The USCIS memorandum is rescinding a document dated Dec
by i0exception 10y ago
[IANAL] "Computer programmers may no longer be eligible for H-1B visas" -
This is absurd and incorrect. The USCIS memorandum is rescinding a document dated December 2000 because it doesn't want the Nebraska Service Center (NSC) to use the old guidelines for issuing H-1B visas for computer related positions. The NSC started adjudicating H-1B applications last year after a hiatus of around 10 years.
- mavelikara 10y agoI don't quite understand the memorandum [1] yet either, but it does say [2]: the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation. So, calling the thesis of the article "absurd and incorrect" is probably too early. [1]: https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf https://www.uscis.gov/sites/default/files/files/nativedocume... [2]: page 4, last paragraph.
- i0exception 10y ago[IANAL] New guidelines as to what constitutes as a speciality occupation are already in place at the other centers handling H-1B applications. The only thing this memo is saying is "Hey, someone issued you folks a memorandum in December 2000 that shouldn't be used anymore because things have changed. We're rescinding it so that no one uses it accidentally"
- vickychijwani 10y agoMoreover, if USCIS thought this would affect already-filed applications, I think they would've made a clear blog post stating it as opposed to dumping it in a hard-to-read memorandum. (I'm subscribed to their newsletter which I've observed sends out all pertinent news with no delays).