USCIS Rescinds 2017 Policy Memo For H-1B Computer-Related Positions

Key Points

• USCIS has rescinded a 2017 Policy Memo ("PM 602-0142 ") on the adjudication of H-1B computer-related positions
• The 2017 Policy Memo imposed stricter evidentiary criteria for computer programmers seeking H-1B status, which impacted the H-1B program more broadly with many Requests for Evidence (RFEs) on H-1B eligibility
• The 2017 Policy Memo limited the utility of the Occupational Outlook Handbook in demonstrating H-1B eligibility and challenged entry-level positions
• USCIS will not apply PM 602-0142 to any new or pending requests for H-1B classification, including appeals of denied cases
• Further guidance will be provided when available

Overview

Following an appellate court decision, U.S. Citizenship and Immigration Services (USCIS) has rescinded a 2017 Policy Memo that imposed stricter evidentiary criteria for computer programmers seeking H-1B status. The Memo impacted the H-1B program more broadly with many Requests for Evidence on