December 21, 2020
A recent decision by the US appellate court (referred to as ninth circuit) is a resounding victory for IT companies that seek to sponsor computer programmers for H-1B visas. The ninth circuit has deemed as arbitrary and capricious a decision of the US citizenship and immigration services, which had held that computer programmers are not entitled to H-1B ‘speciality’ occupation visas. United States Citizenship and Immigration Services (USCIS) had in 2017 rescinded an earlier policy memo, which recognised the position of computer programmers as a ‘speciality’ occupation and thus eligible for H-1B Visas.
In this case, heard by the appellate court, Innova Solutions had sought to hire an Indian citizen to work as a computer programmer. The H-1B visa application was denied by USCIS.
A US employer who wants to sponsor staffers under the H-1B programme has to show that the position requires “theoretical and practical application of a body of highly specialised knowledge”.
We need to address the basic question that how long are we going to beg for H-1B. We need to aim at staying in our country and serving the world from our home pitch then only we would succeed and respected.
USCIS relied on the department of labour’s occupational outlook handbook, which states that ‘most’ computer programmers have a bachelor’s degree and it describes that degree as the ‘typical level of education that most workers require’. It denied the H-1B application on the grounds that Innova Solutions had failed to show that a computer programmer qualified as a ‘speciality’ post.
Cyrus D Mehta, New York-based founder of an immigration law firm, told media: “The decision is a refreshing rebuttal to USCIS’s longstanding practice of challenging computer programming on specialty occupation grounds. It reminds the USCIS that it can’t rely on the bureaucratic description… (for denials).”