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USCIS restricts H-1B eligibility for computer programmers

  1. Date Announced

    March 31, 2017

    USCIS 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    March 31, 2017
  3. Biden Administration Action

    February 3, 2021

    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    On February 3, 2021, USCIS rescinded PM-602-0142 "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions.'"

    Rescission of 2017 Policy Memorandum PM-602-0142
  4. Biden Administration Action

    March 12, 2021

    On March 12, 2021 USCIS announced that it may reopen H-1B petitions denied under three rescinded Trump administration memos, including the policy identified in this entry.

    USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior Policies

Biden Administration Actions

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