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USCIS Memo: Computer Programmer Would Not Generally Qualify for H1B Visa

I simply finished a Facebook Live video to speak about the have an effect on of the brand new memo from USCIS about “an entry-level pc programmer place would no longer normally qualify as a place in a strong point career making it ineligible for H-1B Visa”.

We are going to speak about 3  4 newest information right here:

  1. Computer Programmer Job Title vs H1B Visa Approvals
  2. New H1B Visa Fraud prevention measures
  3. Press Release from Justice Department
  4. Press Release from Department of work (DOL)

The greatest of all 3 is the USCIS memo about Computer Programmer task identify. I’m positive you wish to have to grasp my H1B Visa 2018 Application?  Let’s get started with that first.


Computer Programmer vs H1B Visa

Let’s have a look at some actual knowledge. Ok?

Following displays the Companies and Wage Rate for some contemporary LCA programs for the task identify “Computer Programmer”.

uscis memo computer programmer would not generally qualify for h1b visa - USCIS Memo: Computer Programmer Would Not Generally Qualify for H1B Visa

In FY 2016, little over 20,000 Labor Condition Applications have been submitted for H1B Visa Applications.

So, a ways in FY 2017, over 9000 LCA have been filed for “Computer Programmer” identify.

Quick scan of the Salary, displays that almost all of openings are paying round $60,000 consistent with 12 months.

We don’t know the way lots of this H1B Visa programs have been in fact licensed via USCIS.

As consistent with new Memo, USCIS states that the H1B Visa software for the task identify Computer Programmer would possibly not qualify as speciality career within the new memo:

1506739764 517 uscis memo computer programmer would not generally qualify for h1b visa - USCIS Memo: Computer Programmer Would Not Generally Qualify for H1B Visa

[Paraphrasing] Also, USCIS said that this isn’t new coverage and they’re asking all USCIS staff to observe what used to be adopted via NSC provider heart previously. Also, USCIS desires the employer to turn out if this task identify falls beneath Specialty Occupation.

Frequently Asked Questions

1. Is H1B program totally killed?

Yes, that used to be one exact query from a involved individual. No, this memo isn’t to do away with the H1B program. H1B program can’t be eradicated via a Memo. It’s calls for a brand new Bill.

2. I carried out for H1B as Software Engineer. Does this have an effect on me?

Memo in particular states “Computer Programmer”, no longer different task titles. So, I might wager, you might be just right to move. In order to grasp why simplest “computer programmer” is impacted, you would need to know how H1B visa task titles relate to DOL’s task code. And the real memo has finer main points. Some assumed that “Computer Programmer” equates to all programming jobs. I feel this is fallacious assumption.

three. Does this practice to current staff with Computer Programmer identify?

I feel you must ask the similar in your Immigration Attorney. I feel you might be sage, however I’m no longer positive. Because of Site Visits via USCIS, would they aim Computer Programmer staff? I don’t know. Sorry!

H1B Visa Fraud and Site Visits

In an any other press unlock, USCIS mentioned they’re ramping up the scrutiny to stop H1B Visa Fraud and abuses. Here’s three choices indexed via USCIS:

  • Cases the place USCIS can’t validate the employer’s elementary trade knowledge via commercially to be had knowledge;
  • H-1B-dependent employers (those that have a top ratio of H-1B staff as in comparison to U.S. staff, as outlined via statute); and
  • Employers petitioning for H-1B staff who paintings off-site at any other corporate or group’s location.

Site visits were going down for some time. I mentioned that within the Facebook Live Video.


DOJ – Don’t Discriminate Against US Workers

Here’s a press unlock from the U.S. Justice division:

The Justice Department cautioned employers petitioning for H-1B visas to not discriminate in opposition to U.S. staff. The caution got here as the government started accepting employers’ H-1B visa petitions for the following fiscal 12 months. The H-1B visa program permits corporations within the United States to quickly make use of overseas staff in strong point occupations corresponding to science and data generation.

To file H1B Visa Abuses:

DOL  – Press Release

DOL additionally posted a press unlock about plans to give protection to American staff from Discrimination.

  • Rigorously use all of its current authority to start up investigations of H-1B program violators. This effort to give protection to U.S. staff can even contain better coordination with different federal companies, together with the departments of Homeland Security and Justice for further investigation and, if vital, prosecution.
  • Consider adjustments to the Labor Condition Application for long run software cycles. The Labor Condition Application, which is a required a part of the H-1B visa software procedure, could also be up to date to offer better transparency for company staff, U.S. staff and most of the people.
  • Continue to interact stakeholders on how this system could be advanced to offer better protections for U.S. staff, beneath current government or via legislative adjustments.

Potential Impact of  This Memo and Site Visits:

I feel this enforcement manner is anticipated after  Trump received the election and Senator Jeff Session is appointed as Attorney General.  I’ve written about H1B Visa abuse via experts with padded resume and proxy interviews. H1B enforcement is hard, bearing in mind the sources required. Plus, employers are  no longer provided to take care of figuring out the fraudulent resumes and applicants. We have to look at how those measures will finish H1B Visa abuses.

I’ve following questions (and more than likely you must too):

  1. Now, you  must query, why “Computer Programmer” used to be singled out?
  2. Did USCIS suppose maximum corporations that practice for H1B for this identify pay much less?
  3. Why used to be this revealed on Mar 31, 2017 when Attorneys would have submitted the entire H1B visa software?
  4. Would USCIS ship RFE or deny all programs with the identify?

These are pending questions for which I don’t know the solution.

One factor is for positive, issues are getting tight. Real tight in terms of H1B Visa. 

  1. Premium Processing Suspension for upto 6 months
  2. More Scrutiny for H1B Visa Abuses
  3. Focused Site Visits

I feel, contemporary building puts extra tension at the significance of discovering a Full-time task (notvia  consultancy), however for some it’s going to be actually tough.

See the closing three posts in F1 Visa STEM OPT Facebook Group

uscis memo computer programmer would not generally qualify for h1b visa - USCIS Memo: Computer Programmer Would Not Generally Qualify for H1B Visa

It’s going to take some time for this to modify and it’s going to in keeping with how issues are taking a look for long run of High Skilled Workers.

Summary and Action Items:

  • If your H1B visa 2018 software used to be filed with “Computer Programmer” because the identify, then communicate in your Attorney or employer and feature them give an explanation for the choices to you, on how they’ll turn out your identify will fall beneath strong point career.
  • Ask your legal professional to offer directions in your employer on methods to take care of USCIS website visits.
  • Watch the Facebook Live Video Discussion in this Topic Here >>

Question to You

Agree or Disagree: Do you suppose it’s smart move to crack down on H1B Visa Abuses?

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