H1b specialty occupation requirements 2(h)(4)(iii)(C) requires that in order to perform workers in a specialty occupation, the beneficiary of an H1B petition must meet one of the following criteria: 1. A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement for specialty occupation. A specialty occupation requires The Veterinarian position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. Use industry-specific terminology and occupational classifications to help USCIS understand the position’s complexity and specialization. 2(h) H regulations Background H 1B Specialty Occupation General Requirements. 3d 384 (5 th Cir. (October 1 – September 30), there is a limit—or cap—of 65,000 new H1-B Medicine and healthcare is a typical example of a specialty occupation under the H1B visa; however, not all jobs in the healthcare industry have the same educational requirements. H 1B Specialty Occupation General Requirements. H1B Requirements for Visa Applicants. General Overview: Specialty Occupation Requirements: The position listed on the visa application must also meet at least one of the following criteria to qualify as a specialty occupation: (1) bachelor’s degree or higher degree or its equivalent is usually the U. for a total of 6 consecutive years, and allows foreign professionals’ spouse and children (under the age of 21) to accompany them and legally live in the USA on an H-4 visa. Who Qualifies?, the H-1B visa is for "specialty occupation" workers who have a job offer in the United States. In other words, an employer may under prong 3 General Requirements for H1B Petitioner. 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. It changes the very definition of H1B ‘specialty occupation’, attaches new requirements to H1B wage levels, and adds additional requirements to H1B cases involving third-party placement of H-1B professionals at third party client sites. The specialty occupation must need: The theoretical and practical application of a highly specialized body of knowledge; and; A bachelor’s or master’s degree in the particular speciality (or 2. The October 2020 rule tried to restrict eligibility by requiring a degree in a very specific field for a job to be considered a specialty occupation. ; Purpose: Ensures that the position meets statutory requirements for a The H1-B category is for foreign employees coming to the United States to perform services in a specialty occupation or as a fashion model. in either a specialty occupation, on a cooperative research and development project under the Department of Defense (DOD), or as a fashion model of distinguished merit and ability. The regulations at 8 CFR §214. ) The law permits "post-sixth-year" extensions of H-1B Provide detailed job descriptions: When filing an H-1B petition, describe the job duties and requirements to demonstrate that the position qualifies as a specialty occupation. To qualify as a specialty occupation, the job must meet certain criteria: The position must require at least a bachelor’s degree or Specialty occupation. I wanna make sure im applying for the right positions that could lead to visa sponsorship H1b. WASHINGTON – The Department of Homeland Security (DHS) announced a final rule that will significantly enhance U. For qualifying to accept a job offer in a specialty occupation, employee must meet one of the following criteria: Have completed a U. Specialty occupations are those that require technical or theoretical expertise in certain specialized fields such as engineering, science, computer programming and law. In order to qualify for an H-1B visa, applicants must meet the following criteria: 1. F. The proposed rule seeks to improve the H-1B program by streamlining eligibility requirements, enhancing program efficiency, providing greater benefits and A common way that the USCIS will question your application is by, “referencing the OOH [Occupational Outlook Handbook] as the primary source for whether a position is a specialty occupation, even though the Department of Labor states that this is not the purpose of the site. H1B Visa Fees for Veterinarian. These The USCIS continues to revamp the H1B visa program, and does not seem to need new legislation to reduce the number of approved petitions for foreign workers. Requirements for the work position The H-1B category is designated for temporary professionals to work in the U. These are jobs that require theoretical and practical application of a body of highly specialized knowledge, typically in fields such as IT, engineering, mathematics, science, and healthcare. The “specialty occupation” refers to a work that requires the following: *The following H1B Specialty Occupation RFE response sample of content assumes that a position and beneficiary meet the USCIS requirements. The H-1B is for specialty occupation roles. employers to employ foreign professionals in specialty occupations to work in the U. Specialty Occupation Position . H1B special occupation (Temporary work visas) allows candidates to work in the US who have the job offer in speciality occupation from US employer. top of page. ” This means that in order to be eligible for H-1B status, a job must require at least a Bachelor’s degree, and the required degree must be in a specific field of 1. Have a job offer from a U. Rule will provide greater benefits and flexibilities for U. However, the visa does not offer a direct pathway to lawful permanent residence (), as it is a nonimmigrant visa. The Civil engineer position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. Navigating the H-1B visa process can be a nerve-wracking experience, especially when you're hoping to secure a spot in one of the most sought-after immigration Two fundamental requirements must be met to satisfy the specialty occupation standard: The employer’s position requires a specific bachelor’s degree or equivalent in education and experience. The H1-B classification applies to individuals who perform services in a specialty occupation. A job may qualify as an H1B specialty occupation if it meets one of the following criteria: A bachelor’s degree or higher is required as an entry-level requirement. Allows certain owners of an H1B petitioning entity to self-sponsor, while setting reasonable parameters around H1B eligibility U. businesses to sponsor foreign workers in specialty occupations to come to the United States for employment. The Business analyst position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. Employers can provide expert opinion letter and/or a detailed statement from the company Eligibility: specialty occupation The US H1-B visa is designed to be used for staff in specialty occupations. The SOW outlines the technical aspects of the work to be per H1B Expert is a stockpile of H-1B content: H-1B history; H-1B specialty occupation reqs; job search; RFE response; move to U. In brief, this means the job being offered must require at least a U. companies to employ foreign workers in specialty occupations requiring theoretical or technical expertise. Specialty Occupations — This includes beneficiaries who are coming to the U. Hold a United States baccalaureate or higher degree required by the specialty One of the hallmarks of the H1B visa program is that it is designed for “specialty occupations”, meaning that performing the job requires at least a bachelor’s degree. So what is a “specialty occupation?” An H-1B “specialty occupation” refers to a job that requires a specific set of specialized skills, knowledge, and educational qualifications. ” To qualify for the H1B visa, the job must meet one of the following criteria to qualify as a specialty occupation: The H-1B category is designated for temporary professionals to work in the U. baccalaureate or higher degree in a directly related specific specialty or its equivalent The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. Public Law 114-113 Fee: Public Law 114-113 mandates that specific petitioners must pay an extra $4,000 for certain H-1B Meissner, 201 F. and temporarily perform services in a specialty occupation. ; Hold a foreign degree equivalent to a bachelor's Specialty Occupation. H1B Visa Requirements. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; I applied in premium processing for fresh H1B. Eligibility Criteria. The US H1-B visa is designed to be used for staff in specialty occupations. Specialty Occupation Clarification. While a degree requirement is common other factors can qualify as equivalent for the position. While these requirements appear to be quite simple, the Trump Administration has rendered the H-1B into one of the more 3. Next Post. immigration laws. General Requirements of the H-1B Nonimmigrant Visa "Specialty Occupation" is a legal term - the words do not mean their normal dictionary definitions. The H-1B visa category is an employment-based nonimmigrant status that allows a foreign national to come to the U. The wage level set for If you work in a specialty occupation and wish to move to the United States then you could be eligible for the H1B visa. Definition of Specialty Occupation. ” Visa Approval Advantage : While not guaranteed, having an advanced U. A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent Part H - Specialty Occupation Workers (H-1B, E-3) Content navigation tabs. According to the proposed rule, to qualify as a specialty occupation, the position must require “A U. employers to recruit and employ foreign professionals in specialty occupations to work in the U. Have the appropriate credentials for the specialty occupation; 3. 335. ” This means that in order to be eligible for H-1B status, a job must require at least a Bachelor’s degree, and the required degree must be in a specific field of H-1B, Specialty Occupation. One of the hallmarks of the H1B visa program is that it is designed for "specialty occupations", meaning that performing the job requires at least a bachelor’s (1) For purposes of the E-3 and H-1B programs (but not the H-1B1 program), specialty occupation means an occupation that requires theoretical and practical application of a body of specialized knowledge, and attainment of a bachelor's or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation in The "specialty occupation" category is the one that applies to most employers and individuals. Now, they are pretty much bringing back all the old rules in other format asking for contracts, work orders, etc. The H1b worker must also hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged 1. Indications are that high RFE rates will continue for the foreseeable future. This toolbox is offered as a resource for finding materials to use in response to specialty occupation RFEs. baccalaureate or higher degree in a directly related specific specialty or its equivalent Specialty Occupation. Notably, Indians have a lion's share in the H-1B programme. on a nonimmigrant basis in specialty occupations In an H1B visa petition, it must be shown that (1) the job position offered under the H1B visa petition qualifies under the definition of a specialty occupation (which is a professional job position that requires at least a bachelor’s degree (or its equivalent) to conduct theoretical and practical application of a body of highly specialized knowledge, (2) the H1B visa worker has the H-1B Education Requirements. 2(h)(4)(iii)(A) were only necessary conditions, but not necessary and sufficient conditions to establish that the occupation is a specialty occupation. Ex-Russian diplomats face numerous challenges in getting an H-1B visa, such as heightened scrutiny due to geopolitical tensions, stringent specialty occupation requirements, and employer hesitancy to sponsor. A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement for Specialty occupation. Because typically a bachelor’s degree is not a requirement for a nurse position, generally nurses are not eligible for the H-1B visa. USCIS sends a notice called a request for evidence, or RFE, when they need more proof to decide an H1-B case. I graduated with a masters degree but I don't have a lot of experience. When applying for an H-1B visa as a Veterinarian, certain fees are associated with the application process. These occupations typically require at least the equivalent of a US bachelor’s degree or higher in a relevant field. These domains can be any of these, but not limited to Architecture, engineering, mathematics, and physical sciences. This document confirms that: The agency will pay the foreign worker a salary that meets or exceeds the prevailing wage for the occupation in the area of intended employment. Registration Fee: A nominal fee of $10 is required for each H1B registration, paid by the employer. Please submit the following documents to the International Center through the Upload Tool for UCI Departments. 2(h)(4)(iii)(A) further addresses that to qualify as a specialty occupation, the position must meet one of the following criteria: A Sample of H1B RFE Regarding Specialty Occupation . While some companies seem to reuse a completed letter with little or no modification from the expert as their template, the team at ProfVal sees the goal of a template as providing clarity Eligibility: specialty occupation. The H1B visa is a non-immigrant visa that allows U. the alien must hold the specific U. The H1B quota system is meant to prevent abuse of the H1B program, Continue reading "Typical Jobs That Qualify However, a major obstacle in applying for an H-1B visa, is demonstrating that the occupation which the foreign national is being employed in is a “specialty occupation. H-1B visas are nonimmigrant visas Is Specialty Occupation Required for Concurrent H1B? The Concurrent H1B is also required to be a specialty occupation. Eligibility. 2(h)(4 A “specialty occupation” is defined as a “theoretical and practical application of the body of highly specialized knowledge. bachelor’s or higher degree required by the specialty occupation from an accredited college or university. The H-1B temporary worker visa is designated for individuals coming temporarily to the United States to perform services in a specialty occupation. For example, doctors typically qualify for the H1B visa because they are required to have a doctorate – a higher educational degree than a Bachelor’s. An H-1B “specialty occupation” refers to a job that requires a specific set of specialized skills, knowledge, and educational qualifications. Citizenship and Immigration Services (USCIS), published a Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker In general, a “specialty occupation” requires “theoretical and practical application of a body of specialized knowledge” and “the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent. visa category specifically designed for foreign workers in specialty occupations. H1B Specialty Occupation Requirements. The H-1B nonimmigrant category is appropriate for aliens with a job offer in a specialty occupation. 214. employer who has filed an I-129 petition with supporting documentation which clearly establishes that the foreign worker meets all of the H-1B1 requirements; 5. A. Current laws limit the U. solely to perform services in a specialty occupation; 4. The rule: amends the definition of a “specialty occupation” at 8 CFR 214. 3. Specialty Occupation Determination: You For immigration purposes, a "specialty occupation" is defined as an occupation that requires "a theoretical and practical application of a body of highly specialized knowledge. The Computer systems analyst position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. A 'specialty occupation' for an H-1B visa refers to a job that The new rule expands the definitions of specialty occupation positions and spells out the requirements for nonprofit and governmental research organizations to sponsor H-1B visas. baccalaureate or higher degree in a directly related specific specialty or its equivalent In order to perform services in a specialty occupation, an alien must meet one of the following criteria: (1) hold a U. companies’ ability to fill job vacancies in critical fields, strengthening our economy. to perform services in a “specialty occupation. Please contact International Student and Scholar Services (ISSS) at ischolar@uoregon. bachelor’s or higher degree as required by the specialty occupation from an accredited The H-1B Specialty Occupation category is the standard professional visa for temporary nonimmigrant faculty or, in case-by-case instances, staff who will be employed at the University of Oregon. When applying for an H-1B visa as a Architect, certain fees are associated with the application process. A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, is key evidence that the occupation meets the H-1B requirement. Have completed a bachelor's degree (or higher) in the same field as their specialty occupation from an accredited university. Earlier this year, DHS changed H1B employer-employee relationship clauses as they lost the court case with IT Serve. 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 The H-1B is a temporary nonimmigrant visa status which allows an employee to work temporarily for a specific employer in a “specialty occupation”. For you to qualify to perform services in a specialty occupation you must meet one of the following criteria: Hold a U. Department of Labor. Prev Post. September 02, 2020. Updated: Aug 22, 2024 | Tags: H-1B Visa Lottery 2025, USCIS Visa Cap Update, Specialty Occupation Visas. The practice of medicine is a specialty occupation according to the U. S. The job needs to As H1 visa is for specialty occupation, USCIS routinely issues RFE (Request For Evidence) to make sure that all jobs offered meet such criteria. You should also refer the O*Net page for your occupation in this section. It is not called a "renewal" (the word "renewal" is not used in the laws that govern H-1B status. This research paper explains what a specialty occupation RFE is and how to reduce your H-1B Visa Requirements. Step 4: Once the Form I-129 petition has been approved, the prospective H-1B worker There are also requirements the job position must meet to qualify as a speciality occupation. The SOW outlines the technical aspects of the work to be per H-1B Specialty Occupation requires for the applicant to have completed a bachelor’s degree or higher, and must meet all job qualifications. The H-1B visa category breaks into three smaller types depending on your job in the U. 2(h)(4)(ii) to clarify that there must be a direct relationship between the required [] Let’s discuss each one of the above categories and exactly what is required to be eligible for each. USCIS seeks to update regulations with proposed rulemaking to improve program efficiency and integrity. businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, such as In order to perform services in a specialty occupation, an alien must meet one of the following criteria: (1) hold a U. Specialty Occupation (H-1B) The H-1B specialty occupation visa is sort of like the “parent” visa to the other two categories of H-1B visas (H-1B2 and H-1B3). Authorities –INA 101(a)(15)(H)(i)(b) H-1B nonimmigrant defined –INA 214(i) Specialty occupation defined –8 C . H1B Visa Fees for Architect. 2. Specialty occupation. The H-1B occupations require at least a bachelor’s degree in the specific specialty. This year, the H-1B lottery held two rounds to fill all 85,000 visa slots, regular and advanced degree caps. Key changes include redefinition of "specialty An H-1B nonimmigrant visa is a temporary visa for professional workers in specialty occupations that normally require a bachelor’s degree or equivalent as a minimum requirement. ” Nurses are required to have a bachelor’s degree or beyond in the indicated occupation. as a vital piece of evidence to demonstrate the specialized nature of the position and its alignment with the H-1B Specialty Occupation visa requirements. F R. They stopped the clock Standards in Determining if a Position Meets the Requirements of Specialty Occupation . on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. edu to determine if an employment USCIS is proposing to clarify and codify the following “specialty occupation” elements: - Educational requirements to qualify for H-1B status – there has been considerable dispute as to whether a specialty occupation position must require a bachelor’s degree in a very specific and narrow field of study, or whether a range of degree The H1B visa allows U. It must meet all other requirements of a regular H1B petition too like an employer-employee relationship, concrete project information, and client letters. A specialty occupation is a job category that requires the theoretical and practical application of a body of specialized knowledge and a bachelor’s degree 6. involves a specialty occupation. The H-1B visa is a nonimmigrant work visa which will admit to the United States to perform services in a specialty occupation. The employer must demonstrate that the position is one requiring a professional in a specialty occupation and that the intended employee has the required qualifications. Foreign nationals can obtain an H-1B visa by holding a specialty occupation in the U. The H-1B Visa's Basic Requirements. Scope This PM applies to and is binding on all USCIS employees, unless specifically exempted. That means those selected in round two are knee-deep in RFE season. bachelor’s or higher degree required by the specialty occupation from an accredited college or university The H-1B1 program allows employers to temporarily employ foreign workers from Chile and Singapore in the U. The top The Architect position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. To be eligible for H-1B visas, the employers must establish the positions they offer constitute specialty occupation. H-1B is employer-specific and position-specific, and individual may only work for the employer who sponsors his/her status and only in the position set forth in the position. What is an H-1B Specialty Occupation Visa? An H-1B Specialty Occupation Visa is a non-immigrant visa category that allows foreign nationals with specialized skills to work in the United States for up to six years. In general, you must show that the occupation requires a minimum of a bachelor’s degree, or that the position would typically be filled by someone with the knowledge equal to For immigration purposes, a "specialty occupation" is defined as an occupation that requires "a theoretical and practical application of a body of highly specialized knowledge. a minimum of a US bachelor’s degree under specific circumstances even though having an advanced degree is an industry requirement. ” (David Raft (Global Immigration Partners). Employers must demonstrate that the position they are seeking to fill meets the criteria for a specialty occupation. In this comprehensive guide, we will explore the H1B Expert is a stockpile of H-1B content: H-1B history; H-1B specialty occupation reqs; job search; RFE response; move to U. The H-1B visa requirements differ for fashion models, prospective Department of Defense employees, and applicants belonging to specialty occupations. What is considered a “specialty occupation” for H-1B visa purposes? A specialty occupation for H-1B visa purposes is an occupation that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. The position they aim to fill must not just suggest but require their According to the Code of Federal Regulation, a specialty occupation requires: Attainment of a bachelor's or higher degree in a specific specialty as a minimum for entry into To qualify as a specialty occupation, the position must meet one of the following requirements: The nature of the specific duties is so specialized and complex that the knowledge required to An H-1B Specialty Occupation Visa is a non-immigrant visa category that allows foreign nationals with specialized skills to work in the United States for up to six years. Basically it just asked me to make sure that my occupation have enough requirement and task that require my engineer background and degree. Any U. The low selection odds in the lottery, increased costs, and stricter compliance further complicate the process. The second requirement for an H1B visa is that the job offer must be for a “specialty occupation. The H1B visa program requires that the position for which the applicant is being sponsored qualifies as a speciality occupation, meaning it requires specialized knowledge and a bachelor’s degree or higher in a specific field As a non-immigrant visa, the H1B visa allows U. Learn what qualifies as an H-1B specialty occupation and how to apply. I applied for premium processing and received the RFE a while ago. The application process for a H-B visa is completed in the following four steps: Step 1: Enter the electronic registration process for the H-1B cap. Specialty occupation is defined under INA §214(i)(1) as a position that requires (1) the theoretical and practical application of a body of highly specialized knowledge, and (2) attainment of at least a bachelor’s degree in a specific specialty “Specialty Occupations” for H-1B Visas. This PM supersedes any prior guidance on the subject. qualifies as a “specialty occupation” was the number one reason cited by USCIS for H-1B RFEs in 2018. From my understanding, a specialty occupation is a job that fit my education and knowledge and requires at least a bachelors degree. Generally, H-1B visa applicants are required to hold certain academic qualifications and the skills to work in speciality roles. These fees Wage Requirement. Specialty Occupation Expert Opinion Letter is an H1B Expert Opinion Letter addresses USCIS specialty occupation concerns related to the position. The most concerning pertained to Business analysts and computer systems analysts making level 1 wages. Last year was no different except for the monumental number of them dealing with wage level issues. I wrote the detailed description each of the job duties first. degree may be viewed favorably by USCIS when evaluating H-1B petitions. If the applicant has a bachelor's degree, they meet minimum standards. Specialty Occupation Requirement s includes examples of recent H1B successes. 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 3. Currently, the H-1B visa is one of the hardest categories in terms of requirements and annual cap, so applicants must pay attention to detail H-1B Temporary specialty occupation. Specialty Occupation: Ensure that the job offered under H-1B classification is a specialty occupation related to your field of study. This is the most common type of beneficiary in the H-1B classification. i U. I have a Master Service Agreement (MSA) and a Statement of Work (SOW) from the client. 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 According to the proposed rule, to qualify as a specialty occupation, the position must require “A U. For H1B workers staffed to a third party, the rule specifies it is the requirements of that third party, and not the petitioner, that are most relevant when determining whether the position is a specialty occupation. §214. Specialty Occupation Determination: You The H1B is reserved for specialty occupations, a criteria that can be met in several ways. Petition Requirements of H1B Visa for Nurses: In a 2015 policy memorandum, the USCIS lists some of the documents that a Guidelines; Interviews; H1B Visa; OPT Visa; donald trump, h1b, Specialty Occupation, trump April 5th, 2017; 3; h1b, Specialty Occupation Typical Jobs That Qualify for H1B Visas. The applicant must prove eligibility for the H-1B category with documentation of sufficient educational credentials, licensure With many more applications being made each year than visas are available for, the H1B visa application process looks for evidence that both the individual and the role meet the H1B visa work requirements. " Moreover, expert opinion letters can also help to address any concerns regarding the speciality occupation requirement. H-1B Specialty Occupation City of Hope® offers eligible positions and individuals an H-1B visa sponsorship. Local 650. ” This requires theoretical and practical application of specialized knowledge. -based employer can sponsor a worker through the H-1B program; however, the job must be a specialty occupation, the employer must meet requirements for paying foreign workers and providing Eligibility Requirements for People in Specialty Occupations . Licensed or certified. Any change in job title from Postdoctoral Scholar requires an amended H-1B petition filed with USCIS before the new A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement” at a wage that meets the higher of the prevailing wage or the actual wage, and the applicant must hold the required degree The Human Resources Specialist position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. bachelor’s or higher degree in the specialty field from an accredited institution. In most cases, you must be licensed or certified to work in the state where you will be in a specialty occupation, an alien must meet one of the following criteria: (1) hold a U. The applicant must prove eligibility for the H-1B category with documentation of sufficient educational credentials, licensure Speciality Occupation RFE . The maximum duration for H-1B sponsorship is six years. A specialty occupation is defined as one that requires “theoretical and practical application of a 2. This typically means that it requires a specific set of skills, knowledge, or a bachelor’s degree (or equivalent) in a field related to the job. When applying for an H-1B visa as a Accountant, certain fees are associated with the application process. To successfully secure an H1B visa, it’s crucial to meet all the criteria established by the USCIS (United States Citizenship and Immigration Services), including those related to the minimum salary and specialty occupations. While this sounds straightforward, it can become quite complicated at Special Considerations for Postdoctoral Scholar Employees. 4. ” If a bachelor An H-1B nonimmigrant visa is a temporary visa for professional workers in “specialty occupations” that normally require a bachelor’s degree or its equivalent. The court found there is no logical space between the commonly used words such as “normally,” “most,” and “typically. The H-1B is job-specific, so do not request more time on this H-1B request than the institutional 5-year (or 6th-year exception approval from OPRSA) limit would allow for the postdoctoral appointment. immigration laws set forth the cri The H-1B visa is a nonimmigrant visa designed to allow U. 5. Employers must demonstrate that they have a legitimate Previously, the attorneys of Reddy & Neumann wrote an article concerning requests for evidence (“RFE”), diving into what they entail, the process DHS), through USCIS, published a Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures. on a nonimmigrant basis in specialty occupations. R. In this comprehensive guide, we will explore the I work for a software consultancy, and had a question on how best to indicate that a position with a client qualifies for a H1B specialty occupation. The Medical Laboratory Technician position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. In most cases, you must be licensed or certified to work in the state where you will be employed. However, like any other profession, certain requirements imposed by the U. The visa is commonly The H-1B visa program is undergoing final review by the White House, aiming to modernize and streamline the process. In most cases, you must be licensed or certified to work in the state where you will be Specialty Occupation for H1B Visa. Initial Visa Application. 2000), which the USCIS also relies on when denying H-1B petitions, held that the four criteria in 8 CFR § 214. Employers can still specify a range of acceptable degree fields, but each must align logically with the role's responsibilities. Previously, we released an article on specialty occupation requirements for H1B. The foreign national is required to engage in a "specialty occupation" within the US, such an occupation that requires: Specialized knowledge both in theory and practice; and; A bachelor’s degree, master’s degree, or a higher degree in a specific specialty is a basic requirement for entering the occupation Modernised Definition of Speciality Occupations - The new rule aims to provide greater flexibility by modernising the definition and criteria for speciality occupation positions. These H1B rule changes, target the very heart of decades-long H1B regulations. :Who Qualifies?, the H-1B visa is for "specialty occupation" workers who have a job offer in the United States. A “specialty occupation” is defined as an occupation that requires a 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. WASHINGTON – The Department of That said, if state or local authorities require proof of lawful employment before granting the license and the license is required to practice the profession, USCIS will grant a one (1) year H To ensure eligibility for a “specialty occupation” under the H-1B visa framework, individuals must meet one of the following criteria: Hold a U. In this guide for employers, we explain what the LCA is and share H-1B visas are for immigrants who want to work in the U. The move is set to make it easier for US companies to fill critical job vacancies, give them more flexibility and is expected to benefit skilled foreign workers. for a limited amount of time. With many more applications being made each year than visas are available for, the H1B visa application process looks for evidence that both the individual and the role meet the H1B visa work requirements. There are limits each year on the number of H1Bs issued to foreign nationals. employers to hire foreigners in a “specialty occupation” – an occupation that usually requires a bachelor’s or higher degree in a specialized field of knowledge as a minimum for entry into the occupation. The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the occupations require theoretical and practical application of a body of highly specialized knowledge. To qualify as a specialty occupation, [] LCA H1B: Labor Condition Application for Specialty Occupation Filing a Labor Certification Application is a critical stage of the H1B visa application process. bachelor's degree in a specific field, the job duties are sufficiently complex to require at least a bachelor's The H-1B program allows an employer to temporarily employ a foreign worker in the U. And we replied with the full package Expert letter Detailed description of complex job duties Resume of current employee in similar position Business documents Financial documents Employee list Sample work Calender Work Specialty occupation. It refers to jobs for which the usual requirement is a U. 7600; Toll Free 866. Many of the Requests for Evidence received for H-1B petitions related to whether or not the position meets the criteria of a specialty occupation. The job must meet one of the following criteria to qualify as a specialty occupation: Have a minimum entry requirement of a Bachelor's or higher degree or its equivalent. The role is a ‘specialty occupation’ Specialty occupations are those which require the theoretical and practical application of highly The overall emphasis on the documents and requirements/criteria of a H1B visa petition is that the H1B visa job position is qualified as a specialty occupation (which is a professional job that requires at least a bachelor’s degree) and the H1B visa worker has the qualifications to work in the H1B visa job position. UH performs the following wage comparisons: This often requires a credentials evaluation service to confirm that your degree meets the necessary standards. bachelor’s or higher degree required by the specific specialty Occupation’s Requirements. The Interpreter and Translator position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. bachelor’s or higher degree as required by the specialty occupation Learn which occupations qualify for the H-1B work visa, considering "specialty occupation" criteria and requirements. Here are a few ways to illustrate this: Degree Requirement: The rule mainly amends regulations affecting H-1B specialty occupation workers, although some of the provisions narrowly impact other nonimmigrant classifications including L By recognizing a broader range of qualifications as meeting the criteria for specialty occupations, DHS ensures that talent, rather than rigid educational requirements, is the According to the proposed rule, to qualify as a specialty occupation, the position must require “A U. The H-1B Visa allows these professionals to live and work in the DHS proposes to streamline requirements for the H-1B program by: (1) revising the regulatory definition and criteria for a “specialty occupation”; (2) clarifying that “normally” does not mean “always” within the criteria for a specialty occupation; and (3) clarifying that a position may allow a range of degrees, although there must Home | USCIS What Are The Company Requirements To Sponsor An H1B Visa? To sponsor an H1B visa, a company must meet specific company requirements to sponsor H1B. The foreign national employee possesses an appropriate degree or its equivalent. employers who wish to recruit and employ foreign nationals for a temporary period in the United States in a "specialty occupation. The employer must have a valid Labor Condition Application (LCA) approved by the U. let’s review the exemption scenarios for H-1B visas for Human Resources Specialist: H1B Cap Exemption for Human Resources Specialist . As the employer, ASU files H-1B petitions on behalf of eligible employees with the United States Citizenship and Immigration Services. What does that mean? Executive Summary: A Specialty Occupation RFE is the most common type of RFE issued by the USCIS for an H-1B. bachelor’s or higher degree An H-1B nonimmigrant visa / status may be granted to a foreign national who will perform services in a specialty occupation. The H-1B When you’re applying for an H-1B visa, you must show that your job offer in the U. immigration rules stipulate that H-1B nonimmigrant visas can only be provided to workers who will be filling a “specialty occupation” on a temporary basis. Be entering the U. Part 214. to prove the US Completes Second H-1B Visa Lottery for FY 2025: What You Need to Know. 1. Immigration will accept a 3:1 work to study ratio under 8 C. 737. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Mining and Geological Engineer who wish to work in the U. Unfortunately, it’s not enough for an employer to simply declare to immigration services that the role it is petitioning to fill is a “specialty occupation. Step 3: Employer/Agent Submits Completed Form I-129 to USCIS. Specialty Occupation Requirements. Guidance; Resources (6) Appendices (0) Updates (4) History (0) POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule. Demonstrates Advanced Knowledge: A master’s degree shows a higher level of specialized knowledge, aligning with the H-1B requirement of working in a “specialty occupation. ” The specific requirements for a specialty occupation are provided in the H-1B regulations, at 8 CFR 214. When an employer files Form I-129, Petition for a Nonimmigrant Worker, they must provide evidence of their relationship with the employee and 8 C. S have to be met in order to be eligible to work in America under the H1B visa program. What does that mean? The Department of Homeland Security (DHS) announced new rules to modernise the H-1B visa programme in the United States. To qualify for an H-1B visa, both the sponsoring employer and prospective alien employee must meet specific requirements, as stipulated by U. employer requiring Foreign workers looking for employment in the United States under an H-1B visa must meet these stringent requirements. The employer seeking the services of an H-1B visa holder and filing the necessary papers to obtain such services must be a “U. The Electrical engineer position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. labor needs. ecosystem. City of Hope's International Students and Scholars Office (ISSO) reviews and assesses each position for eligibility on a case-by-case basis as part of the recruitment process. What is the salary requirement for a H1B visa? The minimum salary for H-1B visa holders is $60,000 per year, however, employers are required to pay their H-1B visa workers the prevailing wage for their occupation. Every three years of work experience is equivalent to one academic year at a Hold a foreign degree that is the equivalent to a U. ” For H-1B purposes, a specialty occupation is referred to as an “occupation which requires theoretical and practical application of a body of highly specialized knowledge Specialty occupation. 2 (h)(4)(iii)(D)(5). employers and specialty occupation workers, helping to meet U. Specialty Occupation: The job you’re applying for must qualify as a specialty occupation. H1B Visa Fees for Accountant. Labor Condition Application (LCA) Before an H1B petition can be submitted, the staffing agency must file a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA is applied for by the US employer/sponsor prior to petitioning for the visa on the worker's behalf. Updated Definition: The degree field(s) required for an H-1B position must now be directly related to the duties of the job. ” The H-1B Visa is a U. H-1B visa applications require a petitioner (the employer) and beneficiary (employee). The Department of Homeland Security (DHS) issued an interim final rule effective December 7, 2020, that revises the regulatory definition of and standards for a “specialty occupation” for H-1B purposes. It is not the same as a "special" occupation, and it is not the same as a profession. The specialty occupation is a service requiring the theoretical and practical application of highly specialized knowledge to perform it fully. bachelor's degree or the equivalent in a specific field and for which the foreign national employee has a A temporary worker visa designated for individuals coming temporarily to the United States to work in a specialty occupation. . Candidates need to fulfill the eligibility requirements to be eligible to apply. This issue exists across the board and affects all fields of H1B Requirements for H1B nurses. This occupation type requires the completion of a specific education course culminating in a degree The H-1B visa category permits eligible foreign nationals to enter the United States to work in specialty occupations. Then i created a breakdown table with 1st column as percentage of time devoted, 2nd column with the description of the task performed ( points) , 3rd column with the detailed description of task and 4th column skills/education required which explains why it is a speciality occupation and what courses i According to the proposed rule, to qualify as a specialty occupation, the position must require “A U. employer”. Key changes include updated rules for cap-exempt organizations, automatic extensions for F-1 students changing to H-1B, and stricter compliance measures such as site visits and bona fide H1B Specialty Occupation Visa; H-2 Temporary Workers; H2B Temporary Nonagricultural Workers; H-3 Temporary Trainee; L-1A Intracompany Transferee- Executive or Manager; Have completed a U. To be eligible for the H-1B route, the occupation requires: Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in Rule will provide greater benefits and flexibilities for U. 2(h)(4)(iii)(A) set forth four factors that can be used to prove that an employer is hiring the foreign national into a “specialty occupation. Visit this link for more information on education requirements: USCIS – H-1B Specialty Occupations. Employers sponsoring individuals in H-1B status are required to pay a certain wage level. The role is a ‘specialty occupation’ Specialty occupations are those which require the theoretical and practical application of highly A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement” at a wage that meets the higher of the prevailing wage or the actual wage, and the applicant must hold the required degree I received the same. -based employer can sponsor a worker through the H-1B program; however, the job must be a specialty occupation, the employer must meet requirements for paying foreign workers and providing The regulations at 8 CFR §214. The H-1B visa applicant must possess at least a bachelor’s degree or its equivalent in a specialty occupation related to the job for which the visa is sought. For a job to be considered a specialty occupation under the H-1B visa program, it must meet at least one of the following: After H-1B status is approved, you are required to check-in at the International Center. Additional documentation was required for third party placements and According to the proposed rule, to qualify as a specialty occupation, the position must require “A U. A specialty occupation requires In a specialty occupation RFE, the USCIS is questioning whether the position and/or beneficiary meets specialty occupation requirements, namely whether the position requires a bachelor's degree or above and whether the beneficiary has met this requirement. This post covers the rule's nuances and demonstrates how to transform work experience and academic training equivalencies into a successful H-1B visa application strategy. Citizenship and Immigration Services If your employer wants to sponsor you for an H-1B visa, the job position must be a specialty occupation, meaning, that it requires a 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 U. Please ask your department administrator to help you to upload an “H-1B/TN check-in documents” under “TN/H-1B Process” (make sure the file size is less than 10MB and it’s in a The United States Citizenship and Immigration Services (USCIS) 'Three to One' Rule allows applicants to obtain an H-1 B visa without a traditional college degree. Since an H-1B visa is granted to those skilled professionals who qualify for a specialty occupation, it is crucial to know about any changes in the existing H-1B specialty occupation rule. An agent may question your role if they Criteria for Speciality Occupation H1B Program 2020 Changes to Employer-Employee Relationship Requirements. allows employers to temporarily employ foreign workers from Chile and Singapore in the U. As explained more fully in H-1B Visa to the U. baccalaureate or higher degree required by the specialty occupation, a foreign The DHS has modernized the H-1B program to clarify specialty occupation requirements, improve flexibility for employers and workers, and strengthen program integrity. ” A specialty occupation is a position that normally requires a bachelor’s degree (or higher degree) in a specific field. In order for an H1B petition to be approved, the offered position must be a specialty occupation. The Physical therapist position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. Hold a U. Alternative visas like EB-5 or O-1 offer different The main criteria for entry under the H-1B specialty occupation visa category are that you: Are in a “specialty occupation”; Have a US petitioning employer who, inter alia, offers remuneration equal to or more than the prevailing wage rate within the relevant state and profession; and An H-1B nonimmigrant visa / status may be granted to a foreign national who will perform services in a specialty occupation. 1247; Firm Overview; in the specialty. The H1B visa is a unique visa that allows foreign nationals to perform specialty occupations in America. Employers that hire foreign born professionals such as engineers, scientists and software developers often file H-1B petitions with the USCIS. return to employer analysis section. government standards, but foreign national physicians also meet other H Key Requirements for H-1B Visa Eligibility. To qualify as a specialty occupation, the employer must prove that a job is under the H-1B regulations and may need to prove one of the following criteria as suggested by USCIS: A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. These requirements are designed to ensure that the foreign worker is being hired for a specialty occupation and that the company is compliant with U. Hi all, I received an RFE on my petition. To be eligible for the H1B Visa Lottery: Professional Occupation: addressing the common concern of whether re-entering the H1B lottery is required for new The Accountant position must meet the criteria of a specialty occupation, meaning it requires specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field. A Specialty occupation is defined as one that: Requires practical and theoretical application of highly specialized knowledge Characteristics of H1B Specialty Occupation Workers Fiscal Year 2012 Annual Report to Congress October 1, 2011 – September 30, 2012 U. U. ” To qualify for the H1B visa, the job must meet one of the following criteria to qualify as a specialty occupation: H1B Specialty Occupation RFEs: How to Prove Specialization While it is not an overall industry standard, this particular job is so uniquely complex that it requires an advanced degree. Citizenship and Immigration Services. The most recent proposal, titled “Strengthening the H1B Visa Classification Program” states that the Department of Homeland Security (which includes USCIS) will enact a new definition of ‘specialty Continue To qualify as a specialty occupation, the employer must prove that a job is under the H-1B regulations and may need to prove one of the following criteria as suggested by USCIS: A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. Some of those requirements include the Release Date 10/20/2023. The initial duration of the H-1B visa is three years, but it can be extended up to a total of six years. The position must be classifiable as a “specialty occupation,” and the alien must be qualified to fill the position. bachelor’s or higher degree as required H1B Visas for Specialty Occupations enable skilled professionals to work in the United States in fields requiring specialized knowledge, such as IT, engineering, and healthcare. Have a valid passport from their home country. It also clarifies eligibility for non-profit and governmental research organisations that are exempt from the annual statutory limit on H-1B visas. Discover more about eligibility criteria, employer sponsorship, and the application process by speaking with an immigration lawyer. In 2023, they I work for a software consultancy, and had a question on how best to indicate that a position with a client qualifies for a H1B specialty occupation. The specialty occupation must need: The theoretical and practical application of a highly specialized body of knowledge; and; A bachelor’s or master’s degree in the particular speciality (or its equivalent) as a minimum requirement for entry into the occupation. These fees include: im actively applying for jobs. The H-1B visa is a temporary (nonimmigrant) visa designed for foreign professionals who wish to work in the United States in specialty occupations. WASHINGTON – Today, the Department of Homeland Security (DHS), through U. baccalaureate or higher degree required by the specialty occupation, a foreign Specialty occupation requirements. baccalaureate or higher degree in a directly related specific specialty or The final H-1B modernization rules, issued on Tuesday night, clarify certain norms – such as what constitutes specialty occupation, which is a mandatory eligibility criterion, some The new rules, effective January 17, 2025, include measures to strengthen oversight of the H-1B program. In order to perform services in a specialty occupation, an alien must meet one of the following criteria: (1) hold a U. Be employed by a U. Because of a limited number of H1 B visas issued, the required number is fulfilled within some days of the deadline. The H-1B nonimmigrant visa classification is a popular tool for U. Next - Top Job search websites. H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. Step 2: The employer/agent must apply for and receive DOL certification of an LCA. The new rule Specialty Occupations for H1B Visa December 6, 2021. The beneficiary must meet a minimum of one of the following requirements:. To fulfil that, you must meet one of the following criteria: The H-1B nonimmigrant category is appropriate for aliens with a job offer in a specialty occupation. The The H-1B visa program enables U. Luckily for programmer analysts, their specialization is one of the specialty occupations, therefore allowing them to apply for an H1B visa. As the definition is too broad, 8 CFR § 214. The letter should show that a bachelor or higher degree is required to perform daily H1B work. One of the most common RFEs received each year is the Specialty Occupation RFE. An H1B applicant will be entering the US temporarily to offer services in a specialty occupation. In this article, we will focus on the The United States Citizenship and Immigration Services (USCIS) 'Three to One' Rule allows applicants to obtain an H-1 B visa without a traditional college degree. in a “specialty occupation,” which is generally defined as a position that requires at least a Bachelor’s degree or the equivalent. The visa is commonly used by tech companies and other organizations to hire skilled workers from outside the US. This wage will vary depending upon occupation, level of responsibility, and the relative wages paid by UH and the wages paid by area employers for the position. xonq lsrvab ppazw nmuq pdfqj dsp xigiy eqwczr olnc qqod