Is the position being offered to me an H-1B specialty occupation?

A specialty occupation is defined in the H-1B regulations as a position requiring the “theoretical and practical application of a body of highly specialized knowledge and attainment of a Bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.”  To put it plainly, the position must require a Bachelor’s degree (or its equivalent) in a specific specialty relevant to the position duties.  There are various standards the United States Citizenship and Immigration Services (USCIS) looks at when determining whether an H-1B position is a specialty occupation.  The first is whether a Bachelor’s or higher degree (or its equivalent) is normally the minimum requirement for entry into the position (i.e. generally speaking across industries).  The second is whether the degree requirement is common in the specific industry in parallel positions among similar organizations/companies (i.e. similar in size and type).  The third is whether the specific H-1B employer normally requires a degree (or its equivalent) for the position.  Lastly, the USCIS will review the nature of the specific duties and determine whether they are so specialized or complex that the knowledge required to perform the duties competently is usually associated with attainment of a degree (or its equivalent) in a specific specialty.  An H-1B position will not be considered a specialty occupation based on the job title alone.  The main focus for the USCIS is on the complexity of the duties.  If you have any questions about the H-1B category and/or whether a position qualifies as a specialty occupation, please don’t hesitate to contact our office.

Tags: Bachelor's degree, H-1B, specialty occupation
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