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In Major Win for H-1B Workers, Court Rules Computer Programming is Specialty Occupation, Challenging USCIS Rule
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The US Federal Court of Appeals – known as the Ninth Circuit – recently ruled that H1B visas can be issued to computer programmers after confirming ‘speciality status’. In 2017, United States Citizenship and Immigration Services (USCIS) had revoked speciality status for computer programmers, which made them eligible for H1B visas.
The appellate court has now deemed the USCIS’ decision ‘random and unstable.’ The Federal Court of Appeals’ ruling comes following a case concerning Innova Solutions, which was seeking to hire Indian national, Dilip Dodda, as a Programmer Analyst, but Dodda’s application for an H1B visa was refused.
Under current legislation, US employers looking to sponsor a H1B visa worker must confirm that the job role they are trying to fill requires ‘theoretical and practical application of a body of highly specialized knowledge.’
Yet another win for Indian H-1B holders as appeals court reverses USCIS decision for visa denial
The judgement was against the visa denial issued by the USCIS in 2017 for an Indian H-1B petitioner for the firm Innova Solutions. December 20, 2020 / 09:43 AM IST
Yet another day, yet another win for H-1B visa holders in the US. This time a US court pulled up the United States Citizenship and Immigration Services (USCIS) for denying visa to an H-1B visa holder in a “capricious and arbitrary” manner.
Well this isn’t the first time the USCIS has lost. This is in fact in a series of lawsuit that the Trump administration has lost for denying visas like or implementing regulations without the stipulated notice and comment period.
Updated Dec 20, 2020 | 14:12 IST
A US appellate court referred to as ninth circuit, deemed as arbitrary and capricious a decision of the USCIS services in 2017 of not recognising computer programmers as “speciality” occupation for H-1b visa Good news for IT workers as US court rules H-1B ‘speciality’ visas may be granted to computer programmers  |  Photo Credit: PTI
In a victory for Information Technology (IT) companies battling a 2017 US Citizenship and Immigration Services (USCIS) decision to rescind an order making computer programmers eligible for ‘speciality’ H-1B. visa, a US appellate court has overruled the same.
It will be now possible for US IT companies to sponsor techies under the category for temporary immigration to the US under ‘speciality’ H-1B visas.
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