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ARTICLE · 02 MAY 2017

Reading Past the Headlines: Computer Programmers Are Still Eligible for H-1B Visas

Earlier this month, headlines blared that "Computer Programmers May No Longer Be Eligible For H-1B Visas."

United StatesImmigration

Earlier this month, headlines blared that "Computer Programmers May No Longer Be Eligible For H-1B Visas."  This seems to have been an example of the media sensationalizing, or perhaps just misunderstanding, the actual content of the memorandum issued by U.S. Citizenship and Immigration Services (USCIS) on March 31, 2016, entitled "Rescission of the December 22, 2000 Guidance memo on H1B computer related positions.'"  Essentially, the recent memorandum simply says that adjudicators at the Nebraska Service Center (NSC) should not rely on an obsolete memorandum that previously was issued by the NSC in 2000 entitled "Guidance memo on H1B computer related positions."  However, neither the Vermont Service Center nor the California Service Center (the two places where the vast majority of H-1B petitions are filed) have relied on the 2000 NSC memo for years.  Moreover, computer programmers and other positions in the technology sector have never been presumed to be H-1B

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