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)