A “specialty occupation” qualifying for an H-1B classification is one that normally requires the “theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent.” Occupations in this category include software engineers, systems analysts, computer programmers, other computer professionals, engineers, architects, teachers, accountants, researchers, scientists, etc.
In recent times, a majority of H-1Bs were issued to jobs in the field of information technology industry.
We have instances where, after the Petition is filed, the USCIS comes back with a Request for Evidence (RFE) asking the employer to prove that the job qualifies for H-1B visa, i.e., it is a “specialty occupation.” This can be done by giving evidence of one (or more) of the following:
The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that the particular position is so complex or unique that it can be performed only by an individual with a baccalaureate degree;
The above should be supported by extensive documentation.
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