The USCIS hasissued a Policy Memorandum that will likely lead to denial of Computer-relatedpositions where the employer uses a Level 1 OES wage.  Accordingly, MU Law recommends that allclients use at least Level Two OES wages, or use alternative wage surveys.  The new Policy Memorandum takes immediate effectand will be used for all H-1B petitions: H-1B cap, H-1B extensions, H-1B transfers,and H-1B amendments.   
The March 31, 2017 Policy Memorandumrescinds a seventeen-year-old December 22, 2000 Policy Memorandum, issued byNebraska Service Center then-Director Terry Way.  There is little doubt that the new Policy Memorandumis a direct result of immigration restrictionists in the USCIS who feelemboldened by the new Trump presidency.  Itremains to be seen how restrictive USCIS officers will be as they interpret forthcomingcomputer H-1B petitions.
At virtually the same time, USCISalso has issued additionalmeasures aimed at perceived abuses in the H-1B program.  The April 3, 2017 press release says thatthese site visits will focus on:
  • Caseswhere USCIS cannot validate the employer’s basic business information throughcommercially available data;
  • H-1B-dependentemployers (those who have a high ratio of H-1B workers as compared to U.S.workers, as defined by statute); and 
  • Employerspetitioning for H-1B workers who work off-site at another company ororganization’s location.