USCIS Targets 'Computer-Related' H-1B Positions

Law360, New York (April 4, 2017, 1:45 PM EDT) -- On March 31, 2017, U.S. Citizenship and Immigration Services released a policy memorandum (PM) titled, "Rescission of the Dec. 22, 2000 'Guidance memo on H-1B computer-related positions.'" The March 31 PM supersedes and rescinds the Dec. 22, 2000, memorandum titled "Guidance memo on H-1B computer-related positions," issued to the Nebraska Service Center (NSC) employees by, NSC Director Terry Way. Many practitioners used the "Terry Way memo" to claim that most computer programmer positions qualify as "specialty occupations," one of the requirements to fulfill to apply for an H-1B visa. The "Terry Way memo" noted that there has been some confusion in the past over whether computer programmer and programmer/analyst positions are nonprofessional positions, or professional positions that qualify as "specialty occupations" within the meaning of the Immigration and Nationality Act and other regulations....

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