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Original Date Announced
March 31, 2017USCIS no longer presumes that computer programmer jobs are eligible for the H-1B program. Computer programmers can still qualify for H-1B status but must demonstrate their eligibility, with particular scrutiny on petitions for entry-level positions offering a Level 1 wage.
[ID #466]
USCIS Policy Memorandum (PM-602-0142): Rescission of the December 22, 2000 "Guidance memo on H1B computer related positions"Effective Date
March 31, 2017Biden Administration Action: Revoked/Replaced
February 3, 2021Rescission of 2017 Policy Memorandum PM-602-0142
This Biden Administration policy revokes in its entirety the Trump-era policy identified in this entry.
On February 3, 2021, USCIS rescinded PM-602-0142 "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions.'"
View DocumentBiden Administration Action: Revoked/Replaced
March 12, 2021USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
On March 12, 2021 USCIS announced that it may reopen H-1B petitions denied under three rescinded Trump administration memos, including the policy identified in this entry.
View DocumentCurrent Status
Not in effectFebruary 3, 2021Acted on by Biden Administration
March 12, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISPre Trump-Era Policies
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December 22, 2000
USCIS previously deemed the position of computer programmer to qualify as an H-1B specialty occupation, which requires a bachelor's degree or equivalent at a minimum.
December 2000 Nebraska Service Center Guidance