Computer Programmer H1B role and Probability of H1B approval in 2018

With USCIS clarifying with a 2017 memo, that Computer Programmer (SOC Code – 15-1131.00 )  roles do not automatically qualify for Specialty occupation, the rate of denials have shot up exponentially.

Here is the probability of approval by various metrics provided by Immigration attorneys polled across 3 major India based employers.

Computer Programmer 15-1131.00  (SOC Title) and any Job Title like Analyst Programmer, Applications Developer, Computer Programmer, Computer Programmer Analyst, Internet Programmer, Java Developer, Programmer, Programmer Analyst, Software Developer, Web Programmer, all have similar probability of approval based on the wage level.

Job TitleWage LevelProbability of
Denial
Probability
of RFE
Computer ProgrammerComputer Programmer1>50%80%
Computer ProgrammerAnalyst Programmer1>50%80%
Computer ProgrammerApplications Developer1>50%80%
Computer ProgrammerComputer Programmer Analyst1>50%80%
Computer ProgrammerInternet Programmer1>50%80%
Computer ProgrammerJava Developer1>50%80%
Computer ProgrammerProgrammer1>50%80%
Computer ProgrammerProgrammer Analyst1>50%80%
Computer ProgrammerSoftware Developer1>50%80%
Computer ProgrammerWeb Programmer1>50%80%
SOC TitleJob TitleWage LevelProbability of
Denial
Probability
of RFE
Computer ProgrammerComputer Programmer2>40%80%
Computer ProgrammerAnalyst Programmer2>40%80%
Computer ProgrammerApplications Developer2>40%80%
Computer ProgrammerComputer Programmer Analyst2>40%80%
Computer ProgrammerInternet Programmer2>40%80%
Computer ProgrammerJava Developer2>40%80%
Computer ProgrammerProgrammer2>40%80%
Computer ProgrammerProgrammer Analyst2>40%80%
Computer ProgrammerSoftware Developer2>40%80%
Computer ProgrammerWeb Programmer2>40%80%
SOC TitleJob TitleWage LevelProbability of
Denial
Probability
of RFE
Computer ProgrammerComputer Programmer3>40%70%
Computer ProgrammerAnalyst Programmer3>40%70%
Computer ProgrammerApplications Developer3>40%70%
Computer ProgrammerComputer Programmer Analyst3>40%70%
Computer ProgrammerInternet Programmer3>40%70%
Computer ProgrammerJava Developer3>40%70%
Computer ProgrammerProgrammer3>40%70%
Computer ProgrammerProgrammer Analyst3>40%70%
Computer ProgrammerSoftware Developer3>40%70%
Computer ProgrammerWeb Programmer3>40%70%
SOC TitleJob TitleWage LevelProbability of
 Denial
Probability
 of RFE
Computer ProgrammerComputer Programmer420%50%
Computer ProgrammerAnalyst Programmer420%50%
Computer ProgrammerApplications Developer420%50%
Computer ProgrammerComputer Programmer Analyst420%50%
Computer ProgrammerInternet Programmer420%50%
Computer ProgrammerJava Developer420%50%
Computer ProgrammerProgrammer420%50%
Computer ProgrammerProgrammer Analyst420%50%
Computer ProgrammerSoftware Developer420%50%
Computer ProgrammerWeb Programmer420%50%

Additionally the probability drops for non IT and Computer Science degrees, the denial rate has increased rapidly in the last 6 months and this denial probability will increase as more Regular Processing case results are known.

Most of the immigration teams are scrambling to find alternate roles, while trying to keep the resource costs lower.

In addition to the above roles mentioned by Onet, several Indian companies are using roles like Project Manager, Program Manager and other Management roles and using SOC code of Computer Programmer. The probability of denial for the Management roles have increased dramatically in recent months.

With very rate of denials for wage level, it is strongly recommended to file under a different SOC code for employees qualifying for wage level 1.

 

Intel and several other processors affected by Memory leak bug

As per researchers there is a memory leak bug affecting several generations of Intel Processors. While the bug is disclosed this week, number of exploits using the memory leak bug are unknown at this time. Microsoft & Several Linux vendors have rushed to release a windows update to mitigate memory leak.

Performance Impact

Part of the patch will cause 5-30% performance degradation of systems and can be noticeable in Server environment. Intel has confirmed this while suggesting this will eventually not be case.

AMD processors are also affected

Initial reports pointed finger on Intel as the only culprit, but Intel came with a press release suggesting the Kernel Memory leak bug affects several devices and processors and not unique to Intel.

You can read Intel’s full press release here –https://newsroom.intel.com/news/intel-responds-to-security-research-findings/

Intel Press Release

Intel and other technology companies have been made aware of new security research describing software analysis methods that, when used for malicious purposes, have the potential to improperly gather sensitive data from computing devices that are operating as designed. Intel believes these exploits do not have the potential to corrupt, modify or delete data.

Recent reports that these exploits are caused by a “bug” or a “flaw” and are unique to Intel products are incorrect. Based on the analysis to date, many types of computing devices — with many different vendors’ processors and operating systems — are susceptible to these exploits.

Intel is committed to product and customer security and is working closely with many other technology companies, including AMD, ARM Holdings and several operating system vendors, to develop an industry-wide approach to resolve this issue promptly and constructively. Intel has begun providing software and firmware updates to mitigate these exploits. Contrary to some reports, any performance impacts are workload-dependent, and, for the average computer user, should not be significant and will be mitigated over time.

Intel is committed to the industry best practice of responsible disclosure of potential security issues, which is why Intel and other vendors had planned to disclose this issue next week when more software and firmware updates will be available. However, Intel is making this statement today because of the current inaccurate media reports.

Check with your operating system vendor or system manufacturer and apply any available updates as soon as they are available. Following good security practices that protect against malware in general will also help protect against possible exploitation until updates can be applied.

Intel believes its products are the most secure in the world and that, with the support of its partners, the current solutions to this issue provide the best possible security for its customers.

Trump administration proposing to end H1B extensions

It appears at least a section of the Trump administration is working on reducing the effectiveness of H1B visa program. The target here is American Competitiveness in the 21st Century Act (AC21), which was passed with bipartisan support in 1998.

AC21

Sections of the act allows H1B works to continue working in United States, while they are waiting for a Green Card. Currently it takes 12-15 year for Indian immigrant to obtain Green Card, i.e. after they have qualified and have a approved petition. This is primarily due to annual limits  set per country. Countries like Pakistan and Srilanka enjoy quicker turnaround (less than 6 months) as there is not qualified candidates from these countries and per country limit is not based on the population of the original country.

Current Law & Tweaks

As H1B in its original form allowed candidates upto a maximum of 6 years, AC21 allowed candidates who have approved I140 (Permanent resident), but awaiting country quota. While a legislation is needed to change this condition, Trump administration doesn’t have enough votes. Hence tweaking of the wording of the document is being considered. Eitherway the end result might be mass deportation of nearly half a million well paid H1B candidates.

Impact

While most of them might continue to perform the same job from their home country, this will impact local property values, property taxes,  Social security taxes etc. At an average these individuals and families contribute to the local economy and will set a path where companies might move their offices to countries with less restriction.