The top reason H-1B applications are denied is because the application does not show that the occupation is a speciality occupation, in that it requires a Bachelor’s Degree, at minimum. Simply stating that the occupation requires the degree is not sufficient and you do not want to risk getting a Request for Evidence (RFE) or a denial because you did not clearly establish the speciality occupation requirement. These 5 Top Tips will help you build a successful petition that will clearly establish that your occupation meets the Speciality Occupation requirement.
- Make sure the occupation is listed in the specialty jobs list in the U.S. Bureau of Labor Statistics website and the Occupational Outlook Handbook, and see if a Bachelor’s Degree is required for the occupation.
- The Job Offer letter and Job Description should both demonstrate why the position requires a minimum of a Bachelor’s Degree. Include a detailed explanation of the position, duties, responsibilities, AND knowledge and skills required for the position that is obtained through a Bachelor’s Degree.
- Have the company submit the education background of current and past employees for the same position, showing they all had a Bachelor’s degree at minimum.
- Submit similar job positions for the same position, posted by other companies, to show that a Bachelor’s Degree is required for that position with the industry.
- Provide a list of knowledge and skills needed for the occupation and the courses through which a Applicant can acquire them, and show that these courses are taken as part of a Bachelor’s Degree.