H-1B Visa Blog Entries

Major H-1B Victory for the IT (and Consulting) Industry Against the USCIS - ITSERVE ALLIANCE, INC. Lawsuit

On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive

standards applied to the consulting industry. This decision has a major positive impact on the IT


Judge Rosemary M. Collyer held that the USCIS must not administer justice through random

memoranda and must, if it wishes to change the regulations, do so through a formal process.  In

fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):



H-1B for Programmers - 2017 Guidance

Note From Rajiv: 
There is nothing new in this memo that we have not encountered before.  What USCIS  has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline.  If we claim otherwise, we have to prove our case.  We have to do that in many, many cases anyway.  Like I noted earlier, this is not new.