Sine the article and USCIS admit a college degree is not needed to be a programmer, software development (which has now become ubiquitous) cannot be considered a “specialty occupation”. Hence no H-1Bs can be used for them.

Silicon Valley was created by American hippie college dropouts, not PhDs from India.

But the court used a technicality and word psychoanalysis to make sure cheap foreign job robbers can continue to be paid below prevailing wage – something that makes H-1Bs illegal. Our courts now exist to find new ways to help cheap foreign labor get around any and all US laws.