TL;DR: if someone can do a job with a different educational degree, then the job can be disqualifed from being speciality occupation for your degree. Ofcourse, USCIS has made no effort to understand the difference between jobs with similar names. Explains the rise of idiotic RFEs. “ Policies That May Harm All Types of Employers of H-1B Visa Holders: All types of employers should read the “Implementation of March 31, 2017 Memo, Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer-related-positions’,” since its logic holds the potential to eliminate many positions from qualifying as a “specialty occupation.” This previously-unreleased document discusses computer programmers and tells adjudicators that since the Department of Labor Occupational Outlook Handbook states that “. . . some employers hire workers with an associate’s degree . . . it suggests that entry level computer programmer positions do not necessarily require a bachelor’s degree and would not generally qualify as a position in a specialty occupation.” (Emphasis added.) In practice, this has meant that computer programmer petitions are denied for not being in a specialty occupation based solely on the Department of Labor Occupational Outlook Handbook. “USCIS has changed the standard from normal to all, and if there are people in the U.S. who do that job without a specific degree, then the position does not qualify,” said Wasden. “This contradicts the statute, which does not even require the employee to have a degree but allows for qualification based on experience. USCIS is untethered from any legal basis on this issue.” “ Link: https://www.forbes.com/sites/stuartanderson/2019/09/19/uscis-documents-reveal-the-sources-of-trump-h-1b-visa-restrictions/
A ton of SWEs these days don’t have a CS degree
Yeah I mean being a software engineer doesn’t require any degree at most large tech firms so this makes sense.
Doesn’t mean that it is not a speciality job. The legal immigration is stuck in the 90s. People are reconsidering college too these days, doesn’t mean they will be low skilled laborers.
Yeah it’s not low skilled but it also doesn’t require a degree. Which is actually a great thing, as it opens up these jobs to a lot of skilled people who don’t necessarily have the money to go to college. Anyone can take online classes and learn more than you can in college anyway
Fed up with this entire h1b related news. IT companies abused it and now everyone is getting screwed.
Good. Cancel the H1Bs. You don't need a CS degree to be a good software engineer. Teach kids programming in school growing up and give those H1B jobs to American citizens.
H1B is sorely needed for real software engineer positions at top firms. The citizen talent is not there. There are a lot of hacks and people with degrees but no ability, and our blocking strong Indian engineers is shooting our economy in the foot. BUT...until the government finds a way to stop classifying medium-skill IT positions (Tata, Wipro, HCL, etc.) the same as Amazon, Google, FB, MS, etc. the H1B problem isn't going to be fixed. The government considers IT jobs the same category as SWE positions which is straight up brainless. It shouldn't be as hard as they're making it be, it really shouldn't, but every bill that tries to fix this is ham-handed and doesn't bother to call out the problem for what it is, so either doesn't fix the bottleneck, or allows a handful of companies to vacuum up a bunch of IT jobs that we have plenty of people for.
You really think they care about if their rules make sense. It is just an excuse to screw all H1b holders. “Fuck you all new immigrants especially Chinese and Indian” says Trump
Bill gates doesn’t have a degree
USCIS: enough ground to deport everyone