The
The year 2000 memo stated all programmers as sharing a fundamental job duty, i.e., writing and testing computer code,, and that it was improper to conclude based on this information that USCIS would "generally consider the position of programmer to qualify as a specialty occupation”.
Now, this is invalid.
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The memo says that the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation.
"The situation has been the same for a long time with these positions except that now it is in the form of a memo. Immigration attorneys have been receiving requests for evidence on this issue lately because a 'speciality occupation' requires a US bachelors degree or equivalent to qualify, this memo is targeted to deny applications of guest workers with a low degrees,” Rajiv Dabhadkar, founder of the National Organisation for Software and Technology Professionals, told ET.