Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)

Policy effect

USCIS issued Policy Memorandum PM-602-0142 rescinding the December 22, 2000 policy guidance, removing the presumption that entry-level computer programmer positions qualify as H-1B specialty occupations without specific evidence establishing complex, specialized requirements. Phase scope: Nationwide for pending and new H-1B petitions involving computer-related occupations

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… decision was based on one or more policies in the rescinded H-1B memoranda below. On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda: HQ 70/6.2.8 (AD 10-24), “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)),” issued, Jan. 8, 2010; and PM-602-0157, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018. On Feb. 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded: PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued March 31, 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to “any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.” A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. In addition, USCIS has the …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2017

• 2017-01-17Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
• 2017-01-25Executive Order 13767: Border Security and Immigration Enforcement Improvements
• 2017-01-25Executive Order 13768: Enhancing Public Safety in the Interior of the United States
• 2017-01-27Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)
• 2017-03-04Yemen TPS beneficiaries continuously residing in the U.S.
• 2017-06-12Citizenship transmission requires longer US presence for unwed mothers
• 2017-09-05Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
• 2017-10-01Presidential Determination on Refugee Admissions for Fiscal Year 2018
• 2017-11-08Matter of G- Inc., Adopted Decision 2017-05