5 Top Tips on meeting the Specialty Occupation Requirement for a H-1B Visa

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.


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