OPINION: USCIS Rescission of Guidance Memo on Computer-Related Positions: H-1Bs Are Still Available for Computer Programmers

As most immigration attorneys were breathing a sigh of relief from having prepared all their H-1B cap cases, and from having rushed to file the H-1B renewals requiring premium processing; and as we were just popping open that bottle of champagne, US Citizenship & Immigration Services (USCIS) issued a surprise memo on March 31, 2017. Panic ensued. Trump was blamed. USCIS jumped in to explain that the March 31 memo did not constitute a change in policy but rather a clarification to the Nebraska Service Center (where many H-1Bs are now being processed) of the current policy on H-1Bs for computer programmers. So what does it all mean? Can a computer programmer still get an H-1B? What about other technology jobs? We will try to answer some of these questions below.

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