5 ms·

You're not wrong, but I think slightly talking past the point of the article. I don't know which is right, but my understanding is: Prior to the guidance, H1-B

by Eyas 10y ago

You're not wrong, but I think slightly talking past the point of the article. I don't know which is right, but my understanding is: Prior to the guidance, H1-B filers could just say "this is a programmer, thus they are a specialist" and now they need to provide evidence (i.e. more effort in filing/submitting impending applications). So while the big H1-B filers might not have had an intention to sneak in an Associates' Degree holder, their ready-to-be-submitted applications for Bachelors and Masters-degree holding developers just got a whole lot harder (if the rest of what the article says is correct). I understand this is an old guidance, but it is not clear to me why that in itself means it hasn't been in effect. If it was (which is what the article claims), then this is still a fairly significant last minute change that requires additional last minute documentation for these applications.

vmarsy 10y ago
>Prior to the guidance, H1-B filers could just say "this is a programmer, thus they are a specialist" and now they need to provide evidence Only at the Nebraska center, not the California one, nor the Vermont one. And it's only a reminder to the Nebraska center that to be considered a specialist you need to hold a bachelor's degree or higher in that field of study. The California and Vermont one were already applying this rule. It's not clear how many H1-B petitions are event sent to the Nebraska center, but according to [1], originally very few. > their ready-to-be-submitted applications for Bachelors and Masters-degree holding developers just got a whole lot harder That's not my understanding of the notice, but our definition of "a whole lot" might differ. [1] https://www.uscis.gov/i-129-addresses https://www.uscis.gov/i-129-addresses
- Eyas 10y ago
  Thanks -- this is the explanation I thought was missing from the critique. In that case I agree.

by Eyas 10y ago

vmarsy 10y ago

>Prior to the guidance, H1-B filers could just say "this is a programmer, thus they are a specialist" and now they need to provide evidence Only at the Nebraska center, not the California one, nor the Vermont one. And it's only a reminder to the Nebraska center that to be considered a specialist you need to hold a bachelor's degree or higher in that field of study. The California and Vermont one were already applying this rule. It's not clear how many H1-B petitions are event sent to the Nebraska center, but according to [1], originally very few. > their ready-to-be-submitted applications for Bachelors and Masters-degree holding developers just got a whole lot harder That's not my understanding of the notice, but our definition of "a whole lot" might differ. [1] https://www.uscis.gov/i-129-addresses https://www.uscis.gov/i-129-addresses

Eyas 10y ago
Thanks -- this is the explanation I thought was missing from the critique. In that case I agree.