Changes to USCIS policy on eligibility criteria for H1B visa

    the fact that a person may be employed as a computer programmer and may use 
    information technology skills and knowledge to help an enterprise achieve its 
    goals in the course of his or her job is not sufficient to establish the position 
    as a specialty occupation. 

[1]: https://www.uscis.gov/sites/default/files/files/nativedocume...

[2]: page 4, last paragraph.

> computer programmers are no longer presumed to be eligible for H-1B visas.

This is narrowly true based on what the linked document says. But the intent of document seems to be to rescind old guidance that would consider people with associate's degrees, or in some cases, no degrees, experts. That made sense in the 90s when CS was a newer field of study. It doesn't make sense now.

In practice, this is the government dotting an i and crossing a t - they're re-opening this particular service centre and ensuring that it complies with the practices already in place at other service centres.

> Lawsuits possible: Releasing this policy change at the start of the application filing window is going to rankle companies who used 17-year-old policy guidance to apply for this year's visas. Some companies may challenge the guidance on the grounds that USCIS didn't provide sufficient notice of the change.

Yeah, right. I doubt the big H1B filers thought they could magically sneak someone without credentials through as a result of this. Having done TN and H1B myself, it was always clear that the government had the last word in adjudicating whether you met the standards, especially for the more ambiguous NAFTA occupations like "Computer systems analyst".

> The [previous] memorandum also does not properly explain or distinguish an entry-level position from one that is, for example, more senior, complex, specialized, or unique. This is relevant in that, absent additional evidence to the contrary, the [Occupational Outlook] Handbook indicates that an individual with an associate’s degree may enter the occupation of computer programmer. As such, while the fact that some computer programming positions may only require an associate’s degree does not necessarily disqualify all positions in the computer programming occupation (viewed generally) from qualifying as positions in a specialty occupation, an entry-level computer programmer position would not generally qualify as a position in a specialty occupation because the plain language of the statutory and regulatory definition of “specialty occupation” requires in part that the proffered position have a minimum entry requirement of a U.S. bachelor’s or higher degree in the specific specialty, or its equivalent.

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Question: BTW, does this mean that a candidate would necessarily need at least a Bachelor's degree in a CS ("in the specific specialty"), in order to qualify? Or does "equivalent" apply to Bachelor's or higher degrees in other (technical?) fields as well?