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ARTICLE · 07 APRIL 2017

H-1B Computer Related Positions Guidance Memo From 2000 Rescinded

The memorandum indicates officers should scrutinize the wage level on the LCA to make sure wage levels correspond to job duties.

United StatesImmigration

Introduction

On March 31, 2017, USCIS released a Policy Memorandum titled, "Recession of the December 22, 2000 'Guidance memo on H1B Computer Related Positions'". The March 31st Policy Memorandum (PM) supersedes and rescinds the December 22, 2000, memorandum titled "Guidance memo on H1B computer related positions" issued to the Nebraska Service Center (NSC) employees by 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. To clarify the issue, the memo reviewed the Department of Labor's (DOL's)

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