Ninth Circuit H-1B Decision on Computer Programmers

The Ninth Circuit reversed a district court’s summary judgment and concluded that USCIS’s denial of an H-1B petition for a Computer Programmer was arbitrary and capricious. The panel showed little patience for the USCIS argument that since the Occupational Outlook Handbook (OOH) states that “most” computer programmers have at least a bachelor’s degree and that they “typically” have a degree, and therefore, some do not, so, therefore, the occupation does not “normally” require a degree and therefore cannot be a specialty occupation eligible for an H-1B.