How USCIS determines if a position meets the speciality occupation requirement

To meet the requirement of speciality occupation, a position must meet at least one of the following requirements: 
  • A bachelor’s or higher degree (or its equivalent) is usually the minimum requirement to enter the specific position
  • The degree requirement is common to the industry in similar positions among similar organizations or, alternatively, an employer may show that its particular position is so complex or unique that only an individual with a degree can perform it;
  • The employer typically requires a degree or its equivalent for the position; OR
  • The nature of the specific duties required for the position is so specialized and complex that the knowledge needed to perform the duties is usually associated with a bachelor’s or higher degree.

Meeting one of the above four criteria is sufficient. However, it does not hurt to argue how you may meet the test under more than one of the four requirements, and that can actually help strengthen the merit of your overall application.

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