USCIS Rescinds Controversial Guidance On H-1B Classification For Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded a policy memorandum that, while in place, had negated long-standing agency guidance for the adjudication of H-1B petitions in computer programming and related occupations.

A USCIS policy memo from December 2000, supported granting H-1B classification for computer programmers and individuals in other related computer occupations, on the basis that at least a bachelor's degree or equivalent was the normal minimum requirement for entry into these occupations. As outlined in immigration regulations, occupations that require this threshold degree requirement for entry can qualify as a specialty occupation suitable for H-1B sponsorship. The December 2000 policy memo, which remained in effect from December 2000 until March 2017, relied on the U.S. Department of Labor's (DOL) occupational classification guidance, which states that most computer programmer positions require a bachelor's degree