Federal Court Verdict comes into force, enables computer programmers to claim H-1B ‘specialty’ occupation visas

Following a verdict of a US Federal court of appeals, also known as Ninth Circuit the United States Citizenship and Immigration Services (USCIS) has on February 3, 2021, revoked its earlier guidance memo, which said that computer programmers have no right to claim H-1B ‘specialty’ occupation visas, Times of India reported.

USCIS has now instructed the officers that they need not follow the earlier guidance memo to any pending or new requests for H-1B classification.

Visa applications can no longer be denied on the sole ground that the applicant is a computer programmer and hence not entitled to an H-1B visa meant for specialty occupations, the report said.

The court verdict on this matter has come when Innova Solutions sought permission for hiring an Indian citizen to work as a computer programmer.The USCIS at that time had challenged Innova Solution’s arguments saying an American employer interested in sponsoring the H-1B programme for outsiders has to confirm that the job requires “theoretical and practical application of a body of highly specialized knowledge.”