Washington : A simple computer programmer would no longer qualify as a specialist profession stated US Government. It is must for the issue of a H-1 B work visa.
The US Citizenship and Immigration Services has rules that an entry level computer programmer position would not generally qualify as a position in a “specialty occupation”.
New policy has been made on March 31, rescinding previous guidelines of December 2,2000.
The move could have far reaching implications on thousands of Indians applying for H-1 B visa for the next fiscal beginning October 1,2017, the process for which has been started yesterday.
USCIS has started accepting H-1 B visas and has sent shocked waves across the companies and immigration attorneys, as their application was based on the 2000 guidelines on what constitutes a specialty occupation.
The bureau of labour statistics in its occupational Outlook Handbook identifies 10 different kinds of computer and information technology occupation in which computer and information research scientists withdoctoral or professional degree comes first.
USCIS argued that the 2000 memorandum was based on 1998-1999 and 2000-01 editions of the Occupational Outlook Handbook, which is now obsolete.
The 2000 memorandum did not accurately have essential information from the Handbook that recognized that some computer programmers qualify for these jobs with only “2 year old degrees.”
The H-1 B visa is a non-immigrant visa that allows American firms to employ foreign workers in occupations that require theoretical and technical expertise.