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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On February 3, 2021, USCIS rescinded PM-602-0142 "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions.'"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March 12, 2021USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
On March 12, 2021 USCIS announced that it may reopen H-1B petitions denied under three rescinded Trump administration memos, including the policy identified in this entry.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 effectMost Recent Action
March 12, 2021 Action: Revoked/Replaced USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy MemosFebruary 3, 2021Acted on by Biden Administration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