Litwin & Smith, A Law Corporation
Contact Us For A Free
10-Minute Telephone Call
888-344-0892
View Our Practice Areas

2017 Changes to USCIS H-1B Petition Adjudication: Policy Manual, Computer Programmer, Level 1 Wage

USCIS to update H-1B guidance to the USCIS Policy Manual in response to Senate request for action on H1B Program.

https://www.judiciary.senate.gov/imo/media/doc/Grassley%20Signed%20Response%205.24.17.pdf

USCIS Acting Director James McCament responded to a letter from Senator Charles Grassley with concerns on the H-1B program. The letter states, "USCIS continues to review all policies related to the H-1B program and is planning to publish an updated H-1B guidance section to the USCIS Policy Manual."

This update is in addition to 2017 USCIS changes to remove Computer Programmer from the list of H1B professional occupations and level 1 wage as appropriate.

•1) USCIS withdrew the 2000 Memo recognizing programmers as a specialty occupation. Future H1B programmer filings must pay particular attention in the original filing to establish the specialty position.

https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf

•2) USCIS has stated that Level 1 wages are not likely appropriate to H1B specialty occupations and may revert to follow an old AAO Decision.

The petitioner's statements regarding the claimed level of complexity, independent judgment and understanding required for the proffered position are materially inconsistent with the certification of the LCA for a Level 1 entry-level position.

We take particular care to reviewing our filing to establish a plan for successful filings. Including 2017changes by USCIS in H1B petition adjudications.

We are very good at what we do. We do want petitions to be successful.

The best planning for a successful petition is in the original submission.

No Comments

Leave a comment
Comment Information
  • Experience Icon

    0

    +

    Years Experience

  • Employers Icon

    0

    Employers

  • Countries Icon

    0

    Countries

  • Approval Rating Icon

    0

    %

    Approval Rating

  • ABA Defending Liberty Pursuing Justice
  • Christian Legal Society
  • Avvo | Clients' Choice 2020 | Immigration
  • American Immigration Lawyers Association
  • The Bar Association of San Francisco
  • Federal Bar Association
  • Avvo Clients Choice | Award 2018 | Donald Edward Smith
  • Super Lawyers
  • Best Immigration Lawyers in San Francisco
Email Us For A Response

Schedule A Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Santa Clara Office
5201 Great America Parkway,
Suite 320
Santa Clara, CA 95054

Toll Free: 888-344-0892
Phone: 650-588-7100
Phone: 408-998-1159
Fax: 650-588-4302
Santa Clara Law Office Map

South San Francisco Office
1435 Huntington Ave, Suite 336
South San Francisco, CA 94080

Toll Free: 888-344-0892
Fax: 650-588-4302
South San Francisco Law Office Map

Map Map
Logo

Phone Numbers