How do you know if an H-1B worker is qualified for the specialty occupation position?

            One of the requirements that must be satisfied in order to receive H-1B visa status is that the H-1B worker must be qualified for the H-1B specialty occupation.

            The primary way to demonstrate an H-1B worker is indeed qualified for the position is to show that the H-1B worker has a U.S. bachelor’s degree or higher in a field that is relevant to the specialty occupation. For example, a person with a U.S. bachelor’s degree in Computer Science or Software Engineering would likely be qualified for a Software Developer position. People with foreign degrees that are related to the specialty occupation may also be qualified for H-1B specialty occupation as long as they are able to demonstrate that their foreign degrees are the equivalent to a U.S. bachelor’s or higher degree. There are a number of education credentialing services that provide such evaluations.

            A less common, but sometimes necessary way to prove an H-1B worker is qualified for the specialty occupation requires using a combination of education and professional experience. In the H-1B context, three years of relevant progressive professional experience may be equated to one year’s worth of study at the bachelor’s level. This means that an H-1B worker with a somewhat unrelated degree may be able to show they are qualified for an H-1B specialty occupation if they have three years or more of progressive professional experience that is relevant to the H-1B specialty occupation.

            Determining whether an H-1B worker is qualified for an H-1B specialty occupation and devising a strategy to prove such qualifications is vital to the success of any H-1B petition and should be done early on in the H-1B process. Failure to do so can lead to unanticipated RFEs or NOIDS, and even the denial of the H-1B petition.

For more information contact Zachary Taylor at This email address is being protected from spambots. You need JavaScript enabled to view it.

By: Zachary Taylor

Zachary Taylor advises employers and individuals on all aspects of U.S. immigration law, with a particular focus on nonimmigrant visas. His practice includes filing petitions and applications for immigration benefits, responding to requests for evidence issued by government agencies, and drafting motions and appeals.

Houston
11000 Richmond Avenue, Suite 600, Houston, Texas 77042
+1 713 953 7787info@rnlawgroup.com

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