USCIS defines a specialty occupation as the “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 in the United States.” Basically, a specialty occupation position is one that requires a bachelor’s degree or equivalent work experience in order to complete the duties of the job. When an employer files an H-1B petition, the burden is on the petitioner to prove that the subject position is a specialty occupation. The employer can prove this standard by providing evidence that at least one of the following criteria are true:
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.
- The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, 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.
- 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 higher degree.
In order to prove that the position is a specialty occupation, the employer can submit any evidence they believe proves the criteria. Below are examples of evidence typically provided in petitions.
Documents provided by the employer to prove the position is a specialty occupation:
A signed offer letter from the employer outlining the terms of the employment. This helps prove that this position is a bona fide offer.
Full and complete job description that includes specific details on the job duties of the position and a breakdown of the percentage of time the beneficiary will work on each job duty. These job duties should be as specific as possible and clearly describe what the beneficiary will do and what tools and skills they need to perform the task. Job duties that are too vague or broad, like “Uses time management skills to schedule meetings” should not be included. You will also need to allocate percentage of time that will be devoted to each task. Your attorney may work with you to develop a strong job description. This helps prove criteria 1 and 4.
A description of the education requirements for the position with specific concepts or processes that the education field teaches. For example, if you are hiring for a Software Engineer position, your company may normally require a bachelor’s degree in Computer Science, Electrical Engineering, or Information Technology. You may require these degrees because the programs traditionally teach the mathematical, analytical, and computer skills required by the position. Your attorney can help you develop these descriptions if you do not have them already. This helps prove criteria 3 and 4.
A description of the beneficiary’s education that describes how the courses the beneficiary took are relevant to the position. This is similar to the educational requirements description but is specific to the beneficiary. This description will highlight specific courses the beneficiary took while earning their degree and describes what the beneficiary learned. This helps prove that the beneficiary is qualified for the position, especially when the degree that the beneficiary has seems unrelated to the position. This helps prove criteria 1, 3, and 4.
Job posts from the employer or competitors showing similar education requirements. The jobs posts must be from companies that are as similar as possible to your company and for jobs that are as similar as possible to the position. This helps prove criteria 2.
Resumes or LinkedIn profiles of other employees in this position showing similar education requirements. Not all companies or employees are comfortable sharing this information, but it shows that the company normally requires a bachelor’s degree in this position and that the beneficiary will work with other professionals that have the same education level. This helps prove criteria 1 and 3.
A letter from an expert evaluator proving that the education requirements for the position are normal. This letter comes from a third-party evaluator. A well written letter can help prove all the criteria.
Examples of work the beneficiary will complete or has completed. Examples of work can help the officer evaluating the petition understand what the position is and how complex it is. This helps prove criteria 4.
This is not an exhaustive list of documents that can be submitted to prove that the proffered position is a specialty occupation. You are also not required to submit all the documents at once. Your attorney can help you determine what pieces of evidence to submit with the petition.
Requests for Further Evidence
Sometimes, the officer evaluating the petition is not convinced that the position is a specialty occupation. In that case, a Request for Further Evidence (RFE) is issued. This is common and can happen even with the strongest of cases. The RFE will explain the above criteria and should point out specific issues with the case. It is important to read the entirety of the request and provide as much of the evidence requested as possible. Your attorney can help you gather the evidence and respond to the request.