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ARTICLE · 10 FEBRUARY 2021

Can Technology Companies Easily Get An H-1B Specialty Occupation Worker Visa For Computer Programmer Or Related Occupations?

Duane Morris LLP
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Well, the answer is maybe, as navigating the US immigration landscape is never easy. IT companies should pursue H-1B visas for their qualified computer related positions, as on February 3, 2021...

United StatesImmigration
Duane Morris
Duane Morris
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Well, the answer is maybe, as navigating the US immigration landscape is never easy. IT companies should pursue H-1B visas for their qualified computer related positions, as on February 3, 2021, the U.S. Citizenship and Immigration Service (USCIS) rescinded its Dec. 22, 2000 'Guidance Memo on H-1B computer related positions,' according to which a Computer Programmer position did not qualify for the most common professional worker H-1B visa. In recent years, USCIS has been reviewing H-1B petitions for computer related positions under heightened scrutiny, often challenging the bachelor's degree requirement, issuing extensive Requests for Evidence or denials. So when last week, the USCIS rescinded its 2000 Memo and noted that further guidance would be forthcoming, IT companies and their immigration attorneys became optimistic and excited.

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