The H-1B visa is a nonimmigrant work visa which will admit to the United States to perform services in a specialty occupation.
Many of the Requests for Evidence received for H-1B petitions related to
whether or not the position meets the criteria of a specialty occupation.
What is "specialty occupation"?
To qualify as a specialty occupation, the position must meet any one of the following requirements:
- A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
- The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative,
the position is so complex or unique that it can be performed only by an individual with a degree;
- The employer normally requires a degree or its equivalent for the position; or
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually
associated with attainment of a bachelor’s or higher degree.
Specialty occupations may include, but are not limited to, computer systems analysts and programmers, physicians, professors, engineers,
and accountants.
Please refer
this article for more information on Specialty occupation
Education requirements:
In order to perform services in a specialty occupation, an individual must meet one of the following criteria:
- U.S. bachelor’s or higher degree as required by the specialty occupation from an accredited college or university;
- Possess a foreign degree determined to be equivalent to a U.S. bachelor’s or higher degree as required by the specialty occupation
from an accredited college or university;
- Have any required license or other official permission to practice the occupation
(for example physical therapist, architect) in the state in which employment is sought; or
- Have education, specialized training, or progressively responsible experience (or a combination) that is equivalent to completion of a U.S. bachelor’s degree or higher in the specialty occupation, and have recognition of expertise through progressively responsible positions directly related to the specialty occupation.
The information is provided for general informational and educational purposes only and is not a substitute for
professional advice. Before making any decision, consult with the appropriate professionals. Please refer our
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