H-1B temporary Professional Workers
 

Specialty Occupation

The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."
Thus the petitioner should meet two requirements: First, the employer must demonstrate a need for someone in a specialty occupation as the minimum capability to perform the job; and second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position.
The specialty occupation can be shown by one of the following:

  • a bachelor's degree or higher degree is normally the minimum requirement for entry into the particular position;
  • the degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree;
  • the employer normally requires the degree for the position; or
  • the nature of the duties is so specialized and complex that knowledge required to perform them is usually obtained through a bachelors level or higher education.

The employer must file a "labor condition application" (LCA) with the US Department of Labor in the region where the foreign national will work.

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