Important Updates
Important Updates
July 31, 2025 | 🌐Minimum Salary Changes Announced
August 1, 2025 | MalaysiaMalaysia: Enhanced Online Interview Feature for Certain Applications Forthcoming
August 1, 2025 | United KingdomTimes Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough
August 1, 2025 | United StatesUnited States: Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
July 31, 2025 | United StatesLaw360: Grappling With Workforce-Related Immigration Enforcement
July 31, 2025 | 🌐Minimum Salary Changes Announced
August 1, 2025 | MalaysiaMalaysia: Enhanced Online Interview Feature for Certain Applications Forthcoming
August 1, 2025 | United KingdomTimes Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough
August 1, 2025 | United StatesUnited States: Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
July 31, 2025 | United StatesLaw360: Grappling With Workforce-Related Immigration Enforcement
July 31, 2025 | 🌐Minimum Salary Changes Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

New USCIS Guidance Restricts H-1B Eligibility for Computer Programmers

April 3, 2017

insight-news-default

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

In a new policy memorandum, U.S. Citizenship and Immigration Services takes the position that computer programmer jobs are not presumed to be eligible for the H-1B program.  Though computer programmers can still qualify for H-1B status, employers may see an increase in agency requests for evidence (RFEs) to demonstrate eligibility, particularly in petitions for entry-level positions offering a Level 1 wage. 

The new guidance has immediate effect and applies to all relevant H-1B filings, including petitions submitted this week for the FY 2018 H-1B cap. 

Heightened Evidentiary Standard for Computer Programmer Petitions

The new policy guidance rescinds a legacy memorandum that deemed the position of computer programmer to qualify as an H-1B specialty occupation.  A specialty occupation is one that requires a bachelor’s degree or equivalent as a minimum. 

In recent years, USCIS adjudicators have increasingly challenged whether offered H-1B positions require a bachelor’s degree.  Adjudicators frequently ask employers to demonstrate that a bachelor’s degree is a standard requirement of the employer or the particular industry, or that the position is complex, unique or specialized.  The new guidance formalizes these longstanding trends.  Though some computer programmer positions may qualify as specialty occupations, the memorandum suggests that such a finding will be made only if the employer meets this higher standard.

Wages and H-1B Eligibility

The memorandum focuses primarily on computer programmers, and does not restrict other IT positions. However, some of its provisions could affect the adjudication of H-1B petitions filed for entry-level positions in other occupations. 

The guidance directs adjudicators to review the offered wage to determine whether it reflects the job duties and the experience, education and skills required to perform the position.  According to the guidance, petitions that offer an entry-level wage “will likely contradict a claim that the proffered position is particularly complex, specialized, or unique compared to other positions within the same occupation.”  This means that it may be more difficult to demonstrate that a position with an entry-level salary qualifies as a specialty occupation.

What the New Guidance Means for Employers

The policy memorandum is in keeping with recent communications from the Trump Administration indicating higher scrutiny of the H-1B program and proposed reforms.

Released as the FY 2018 H-1B cap season begins, the memorandum is also expected to result in an increase in requests for evidence and notices of intent to deny for both cap filings and petitions for extension of H-1B status.  Employers petitioning for computer programmers or for jobs offering an entry-level wage should prepare to provide additional evidence to demonstrate that offered positions are in a specialty occupation.  They should also prepare for lengthier petition processing times.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Media mentions

Law360: Grappling With Workforce-Related Immigration Enforcement

Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Learn more

Blog post

Updating Articles of Association (AoA) in Saudi Arabia: What Companies Need to Know

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung provide guidance for businesses on the legal and procedural requirements for amending their AoA in Saudi Arabia.

Learn more

Blog post

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Learn more

Media mentions

C21 Media: How to Prepare for Immigration Reforms Under the UK Industrial Strategy

Senior Manager Sean Rhodes and Associate Milosz Skorupski outline how UK immigration reforms will affect creative businesses and highlight key considerations for planning ahead.

Learn more

Awards

WirtschaftsWoche Recognises Fragomen and Partner Axel Boysen as Best in Migration Law

WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals. 

Learn more

Media mentions

Arab News: Saudi Arabia’s High-End Dining Scene Fuels Culinary and Cultural RevivalLearn more

Awards

Fragomen Ranks as Band 1 in Chambers and Partners High Net Worth Legal Guide 2025

Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Media mentions

Law360: Grappling With Workforce-Related Immigration Enforcement

Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Learn more

Blog post

Updating Articles of Association (AoA) in Saudi Arabia: What Companies Need to Know

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung provide guidance for businesses on the legal and procedural requirements for amending their AoA in Saudi Arabia.

Learn more

Blog post

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Learn more

Media mentions

C21 Media: How to Prepare for Immigration Reforms Under the UK Industrial Strategy

Senior Manager Sean Rhodes and Associate Milosz Skorupski outline how UK immigration reforms will affect creative businesses and highlight key considerations for planning ahead.

Learn more

Awards

WirtschaftsWoche Recognises Fragomen and Partner Axel Boysen as Best in Migration Law

WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals. 

Learn more

Media mentions

Arab News: Saudi Arabia’s High-End Dining Scene Fuels Culinary and Cultural RevivalLearn more

Awards

Fragomen Ranks as Band 1 in Chambers and Partners High Net Worth Legal Guide 2025

Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.