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USCIS restricts H-1B eligibility for computer programmers

  1. Original 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]

    USCIS Policy Memorandum (PM-602-0142): Rescission of the December 22, 2000 "Guidance memo on H1B computer related positions"
  2. Effective Date

    March 31, 2017
  4. Biden Administration Action: Revoked/Replaced

    February 3, 2021

    Rescission 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    On February 3, 2021, USCIS rescinded PM-602-0142 "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions.'"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 Document
  5. Biden Administration Action: Revoked/Replaced

    March 12, 2021

    USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos

    On March 12, 2021 USCIS announced that it may reopen H-1B petitions denied under three rescinded Trump administration memos, including the policy identified in this entry.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

Current Status

Not in effect
February 3, 2021
Acted on by Biden Administration
March 12, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

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