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Seattle Partner Talks to SHRM About Recent H-1B Visa Developments

2.9.21

In an article for SHRM, Ralph Hua discusses how the U.S. Citizenship and Immigration Services (USCIS) rescinded a Trump-era memo which allowed for greater discretion to request additional proof that entry-level computer programming jobs qualify as a “specialty occupation” for H-1B visa purposes. For his part, Ralph explains that a recent 9th Circuit decision likely played a role after the court held that “the Department of Labor’s Occupational Outlook Handbook (OOH) listing of computer programmer as an occupation that normally requires a bachelor’s degree means that the job plainly meets the H-1B specialty occupation definition.” He also explains that the 9th Circuit decision goes beyond computer programming, and he points out that “the OOH’s straightforward description can now be used for the benefit of many other occupations that regularly receive USCIS scrutiny.”

To read the article visit SHRM (subscription required).

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