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

On Behalf of | Jun 21, 2017 | Immigration

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.

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