H1B Visa

A Specialty Occupation is defined as an occupation which requires:

• 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.

If a license is required for the profession (e.g., attorney license), then the H-1B worker must have the appropriate license.

In order for a job to qualify as a specialty occupation, the position must meet one of the following requirements:

• The position normally requires a bachelor’s degree or a higher degree (or its equivalent) for entry into the particular position;
• The degree requirement for the job is common to the industry with respect to comparable positions among similar employers, or the job 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 the attainment of a bachelor’s or a higher degree.