USCIS rescinds guidance memo used to deny H-1B visas to computer programmers

The United States citizenship and immigration services (USCIS) has rescinded its earlier guidance memo which held that computer programmers were not entitled to H-1B visas meant for speciality occupations. The new policy memorandum rescinding the guidance follows an order from a US appellate court that overturned a decision by USCIS.

The immigration services agency had denied an H-1B visa application from Innova Solutions that sought to hire an Indian citizen to work as a computer programmer. In the order, the US court of appeals for the 9th circuit noted that denial of H1-B nonimmigrant visa petition was arbitrary and capricious. The appellate court said that although USCIS did not explicitly rely on the guidance memo, the denial followed its logic.

In a fresh memo to officers, the USCIS on Wednesday said that it is rescinding the 2017 policy memorandum effective immediately to “ensure consistent adjudications across the H-1B program.” The federal agency has directed its officers to not apply the earlier memo to any pending or new requests for H-1B classification, including “motions on and appeals of revocations and denials of H-1B classification.”