Specialty Occupation for an H-1B visa.

An H-1B visa is available to aliens who are coming to the US to work in a specialty occupation. There are two sets of requirements to consider when looking to hire a foreign worker for a US position. The first set is the requirements for the job to qualify for an H-1B visa holder to occupy. The second set is the qualifications for the foreign worker to possess before he can obtain an H-1B visa.

To qualify for an H-1B visa, the job must meet several requirements categorizing it as a specialty occupation:

(1) a bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;

(2) the degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;

(3) the employer normally requires a degree or its equivalent for the position; or

(4) the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor’s or higher degree. See 8 CFR 214.2(h)(4)(iii)(A).

In order to perform services in a specialty occupation, an alien must meet one of the following

criteria:

(1) hold a U.S. bachelor’s or higher degree as required by the specialty occupation from an accredited college or university;

(2) possess a foreign degree determined to be equivalent to a U.S. bachelor’s or higher degree as required by the specialty occupation from an accredited college or university;

(3) have any required license or other official permission to practice the occupation (for example, architect, surveyor, physical therapist) in the state in which employment is sought; or

(4) have education, specialized training, or progressively responsible experience (or a combination thereof) that is equivalent to completion of a U.S. bachelor’s degree or higher in the specialty occupation, and have recognition of expertise through progressively responsible positions directly related to the specialty occupation. See 8 CFR 214.2(h)(4)(iii)(C).

The code is vague on what types of jobs qualify  as specialty occupations; “specialty occupations may include, but are not limited to, computer systems analysts and programmers, physicians, professors, engineers, and accountants.” See 8 CFR 214.2(h)(4)(ii). For example computer systems analysts could encompass computer programmers, program analysts, software designers, software engineers, etc. Many occupations outside of the short list have been approved such as:

·       Auditors

·       Architects

·       Biologists

·       Budget and Management Analysts

·       Chemists

·       Civil Engineers

·       College and University Educators

·       Database Administrators

·       Data Communication and Network Administrators

·       Economists

·       Electrical and Electronic Engineers

·       Financial Analysts

·       Graphic Designers and Artists

·       Industrial Engineers

·       Mechanical Engineers

·       Surgeons

·       Sales and Distribution Managers

·       Statisticians

·       Surveyors

·       Teachers, Primary and Secondary Schools

·       Therapists

Although a job has been approved in the past, it may not be approved in the future. However, jobs that fit in these categories have a higher likelihood of being approved H-1B jobs.