Date AnnouncedMarch 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.
See Biden administration action below.View Policy Document
Effective Date of ChangeMarch 31, 2017
Biden Administration ActionFebruary 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On February 3, 2021, USCIS rescinded PM-602-0142 "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions.'"Rescission of 2017 Policy Memorandum PM-602-0142
Biden Administration ActionMarch 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On March 12, 2021 USCIS announced that it may reopen H-1B petitions denied under three rescinded Trump administration memos, including the policy identified in this entry.USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
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
Biden Administration Actions
- New Policy Document
Prior Policy Document
Biden Administration Action Document
- Biden Administration Action Document