H1b specialty occupation requirements These updates aim to May 14, 2024 · Unravel the intricacies of the "specialty occupation" designation in H-1B visas. Jan 4, 2024 · To prove eligibility for an H-1B visa, an applicant must demonstrate that the job they are applying for is a "specialty occupation. companies’ ability to fill job vacancies in critical fields, strengthening our economy See full list on dol. 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 job verification. For the position to qualify as a “Specialty Occupation,” the position is obligated to fulfill at least one of the listed requirements: The position must require a minimum of a bachelor’s degree or its foreign equivalent to enter. Most STEM jobs require a minimum of a bachelor's degree and often require advanced degrees. The H1B visa is a nonimmigrant visa, that allows companies to temporarily hire graduated level or otherwise specialist foreign workers, to work on specialty occupations. Dec 14, 2024 · The H-1B visa program is undergoing final review by the White House, aiming to modernize and streamline the process. A specialty occupation requires that a bachelor’s degree or higher (or the foreign equivalent) must be required for the job. The second requirement for an H1B visa is that the job offer must be for a “specialty occupation. 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 term “specialty occupation” means an Specialty occupation requirement: to be eligible for an H-1B visa, the position must be considered a specialty occupation. These salary requirements are designed to prevent foreign employees from being used as “cheap labor” that could potentially displace local workers. ” 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. A specialty occupation requires theoretical and practical application of a body of specialized knowledge, often requiring a bachelor’s degree or higher in a relevant field. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. They do not include every job that can qualify as a specialty occupation for purposes of the H-1B. Oct 20, 2023 · 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. ProfVal's experts have written letters on behalf of candidates now employed by Fortune 500 companies, consulting firms, small businesses, startups, and nonprofits. This article provides a comprehensive breakdown of the criteria that define a specialty occupation, guiding you on how to qualify based on educational background, industry standards, and expertise recognition. 6. Requirements for H-1B Classification in a Specialty Occupation The H-1B visa classification allows U. Baran, holding that the Bureau of Labor Statistics (BLS)’s Occupational Outlook Handbook (OOH) listing of computer programmer as an occupation that normally requires a bachelor’s degree means that the job plainly meets the H-1B I. Specialty Occupation Determination: You 4 days ago · 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. labor needs. May 21, 2020 · POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule September 02, 2020 U. WASHINGTON – The Department of Homeland Security (DHS) announced a final rule that will significantly enhance U. Demonstrable specialized knowledge pertinent to the job. Evidence of the specialty occupation and the applicant’s eligibility. The H-1B is a temporary nonimmigrant visa status which allows an employee to work temporarily for a specific employer in a “specialty occupation”. Overall, The new rule tightens the definition of "specialty occupation" under the H-1B program, ensuring stricter alignment between job duties and required degrees. Specialty Occupation. 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 science, engineering, or computer programming. The H1B visa is a temporary work visa that allows US employeres to hire highly qualified workers for specialty jobs. The position must also meet one of the following criteria to qualify as a specialty occupation: Mar 6, 2024 · The employer filing the H-1B petition is responsible for demonstrating that the position meets the criteria for a specialty occupation. It is also referred to as Person in Specialty Occupation Visa. Example For judging the ‘specialty occupation’ criteria, USCIS will use the client’s job role and duties and not the IT consulting company’s job role. v. " This can be done by showing that the position requires a specific academic degree or equivalent experience and that the applicant possesses the necessary qualifications. H-1B Specialty Occupations: The occupation requires: 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. You might have also heard that some consulting companies and labor brokers serve as middlemen, lining H-1B workers up to work for various U. An H-1B temporary worker is admitted to the United States to perform services in a “specialty occupation. For example, under the new definition, an H1B job requirement that says a general MBA or general engineering degree will not be sufficient to qualify for an H1B specialty occupation. 4 days ago · The rule also requires that the employer must establish that it has a bona fide position in a specialty occupation available for the worker as of the requested start date; clarifies that the Labor Condition Application must support and properly correspond with the H-1B petition; and requires that the petitioner have a legal presence and be 4 days ago · Rule will provide greater benefits and flexibilities for U. To qualify as a specialty occupation, the position must meet one of the following requirements: (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 Feb 16, 2024 · This often requires a credentials evaluation service to confirm that your degree meets the necessary standards. 3 days ago · The Department of Homeland Security (DHS) has finalized a rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Nov 5, 2023 · You must have a job offer from a U. Your H-1B Expert Opinion Letter from ProfVal can help USCIS agents ascertain: i) whether your position meets specialty occupation requirements (an H-1B is a specialty occupation visa) and ii) whether or how you or your candidate’s credentials meet the criteria for the position offered. Any job could come under the H-1B visa requirement as long as it is a graduate level job. 4 days ago · When placing H1B workers at client sites, the employer must demonstrate that the position is in a specialty occupation per the third-party client’s requirements. A Specialty Occupation Expert Opinion Letter from ProfVal is used to address USCIS specialty occupation requirements related to a position and/or a beneficiary's qualifications. Upon implementation, these changes could significantly affect employers and visa Jan 17, 2024 · The occupations on the list above merely serve as a starting point. labor market and the diverse 4 days ago · Clarified Specialty Occupation Definition. employers to hire foreign professionals in specialty occupations. employers (petitioners) to petition to hire employees (beneficiaries) to work in specialty occupations. The proposed rule recommends codifying the following clarifications of the eligibility criteria for “specialty occupation” positions: (1) a “specialty occupation” position can require a range of degree fields as long as there is a direct relationship between each degree field and the duties of the position; (2) a position does not Oct 31, 2024 · H-1B Visa: Specialty Occupations The H-1B category is designated for temporary professionals to work in the U. Employers may file an H-1B petition for an alien to perform services in a specialty occupation, services of an exceptional nature relating to a Department of Defense What Are the Specialty Occupations for H1B? Jobs eligible for H1B sponsorship must meet the definition of specialty occupations, which require: At least a bachelor’s degree or equivalent in a relevant field. 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 Job Description and Requirements. ” The H-1B nonimmigrant classification is a vehicle through which a qualified individual may seek admission to the United States on a temporary basis to work in his or her field of expertise. This term is crucial for individuals applying for H-1B visas as it determines eligibility for the program. The department must clearly define (1) the employee’s job duties; (2) where the job will be performed; (3) how much the employee will be paid; (4) how long the individual will be employed; and (5) how many hours the employee will work per week. Do I Qualify for an H1B Visa? You qualify for the H1B visa if you are accepted in a specific job position which has the following requirements: im actively applying for jobs. Jan 13, 2022 · H-1B Specialty Occupations. , Dec 6, 2021 · 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 minimum entry requirement for this position, and the degree must be related to the position listed on May 11, 2021 · Put simply, a “specialty occupation,” as USCIS sees it, is a job with responsibilities that are so specialized that 1) they require expert knowledge from a specific field of study and 2) only a person with, at least, a Bachelor’s degree in an academic field relating directly to the work at hand could perform them. employers and specialty occupation workers, helping to meet U. 3 days ago · The DHS has modernized the H-1B program to clarify specialty occupation requirements, improve flexibility for employers and workers, and strengthen program integrity. 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 took to Mar 4, 2024 · To avoid an RFE for your H1B petition, especially those questioning the specialty occupation criteria, you must carefully document your job’s requirements and your qualifications to fill the role. Licensed or Home | USCIS Specialty Occupation Request for Evidence The most common type of Request for Evidence (RFE) that the USCIS issues is a specialty occupation RFE. in a “specialty occupation,” which is generally defined as a position that requires at least a Bachelor’s degree or the equivalent. The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require 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 rule also proposes extended cap-gap protection for F-1 students. Learn more about specialty occupation requirments. 3 days ago · DHS is changing the definition of “specialty occupation” to ensure that the H1B job position requires relevant education in that specialized field. Specialty Occupation: Ensure that the job offered under H-1B classification is a specialty occupation related to your field of study. 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 the United States. Allows certain owners of an H1B petitioning entity to self-sponsor, while setting reasonable parameters around H1B eligibility . Department of Homeland Security (DHS) is issuing this final rule to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures. S. This often involves providing detailed information about the job duties, educational requirements, and the qualifications of the foreign worker. Jun 5, 2024 · The Department of Homeland Security (DHS) has recently announced a set of proposed H–1B visa program changes poised to significantly alter the landscape of specialty occupations and the eligibility criteria for skilled foreign workers. Apr 5, 2024 · The USCIS requires that H1B workers be employed in specialty occupations, with salaries meeting particular requirements. Basic Provisions/Requirements. The first is that the employer's job must require a specific bachelor's degree or the equivalent in combined education and experience. The H-1B1 program is for hiring nonimmigrant aliens from Chile and Singapore as workers in specialty occupations and the E-3 is for hiring nonimmigrant aliens from Australia as workers in specialty occupations. The H-1B program allows an employer to temporarily employ a foreign worker in the U. gov 3 days ago · The 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 For Employers Using Foreign Labor in Specialty Occupations and as Fashion Models . Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B1 visa to 6,800 with 1,400 from Chile and 5,400 from Singapore. To enter the United States to fulfill a specialty occupation Dec 11, 2024 · H-1B Specialty Occupations H-1B Electronic Registration Process Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay the associated H-1B registration fee for each prospective beneficiary. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final What is H1B Specialty Occupation?. “specialty occupation. It does not allow self-employment, so an employer-employee relationship is mandatory. Visit this link for more information on education requirements: USCIS – H-1B Specialty Occupations. Apr 3, 2024 · What Is a "Specialty Occupation?" There are two basic requirements to satisfy the specialty occupation standard. Jul 26, 2023 · U. Examples of specialty occupations for H1B visa holders include roles in IT, engineering, finance, medicine, science, and architecture. on a nonimmigrant basis in specialty occupations. Examples of typical specialties requiring H-1B workers include science, technology, engineering, and mathematics (STEM) professions. The H-1B visa is commonly used for occupations requiring highly specialized skills and expertise, and the USCIS assesses whether the position qualifies for the visa. Indeed, the USCIS emphasizes the importance of a detailed job description linking your role to specific educational prerequisites, as well as a Jan 12, 2022 · Previously, the attorneys of Reddy & Neumann wrote an article concerning requests for evidence (“RFE”), diving into what they entail, the process The H1B visa for the professionals in specialty occupations have three main requirements that needs to be satisfied: evidence must be provided to the USCIS to show 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 Oct 23, 2023 · 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 Dec 22, 2020 · On December 16, 2020, the 9th Circuit Court of Appeals issued a precedential decision in Innova Solutions, Inc. Apr 11, 2024 · The long list of requirements for an H1B visa, including the “specialty occupation” requirement isn’t new. Sep 23, 2024 · An H1B visa is a non-immigrant visa that allows U. Specialty occupation. Roles in industries such as technology, finance, architecture, and healthcare. 4 days ago · The H-1B Program. 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 proposals mark a pivotal shift towards a more flexible, skills-first approach, reflecting the evolving needs of the U. Form I-907, Request for Premium Processing Service (optional) If the job itself qualifies as a “specialty occupation” and the applicant is sufficiently qualified, a potential employer may petition for the H-1B on behalf of the foreign national. 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. So while sponsored IT job roles account for a large occupational category of the H1B petitions filed by US employers each year, H1B specialty occupation job roles are not limited to just “high Jan 4, 2024 · A 'specialty occupation' for an H-1B visa refers to a job that requires specialized knowledge and a minimum of a bachelor's degree. The second is that the foreign national employee must have a relevant degree or the equivalent. I graduated with a masters degree but I don't have a lot of experience. ” This requires theoretical and practical application of specialized knowledge. This means that the position requires the use of highly specialized knowledge and necessitates that the worker holds a bachelor’s or higher degree as a minimum requirement for entry into the role. employers. I wanna make sure im applying for the right positions that could lead to visa sponsorship H1b. Key Changing Points: Clear Degree-Job Alignment: Employers must demonstrate that the degree directly relates to the specific job duties Learn about H-1B Salary Requirements. What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Services (USCIS) has been issuing. H-1B visas are available for various types of specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, architecture, engineering, mathematics, science, and medicine. H-1B. I wrote the detailed description each of the job duties first. Employers must demonstrate that the position they are seeking to fill meets the criteria for a specialty occupation. Oct 22, 2022 · Most applicants petition to attain an H-1B Specialty Occupations visa, which is the most common option within this category. Documentation such as job descriptions, educational transcripts, and professional experience The H1B visa allows US employers to hire foreign professionals with a Bachelor’s degree to work in a specialty occupation. For an H1B visa, you need a job offer from a US employer who’s willing to sponsor you. I received the same. The INA allows employment of alien workers in certain specialty occupations (generally those requiring A specialty occupation requires applying specialized knowledge and at least a bachelor’s degree to perform the job. The H-1B is restricted to specific employment conditions. Key changes include redefinition of "specialty occupation," updated educational criteria, and fraud prevention measures. Ensure your understanding of this essential aspect for a successful H-1B visa application. From my understanding, a specialty occupation is a job that fit my education and knowledge and requires at least a bachelors degree. employer, that requires a minimum of a bachelor’s degree for the position. May 24, 2024 · As the job role requirements for a H1B specialty occupation are relatively wide, the job does not necessarily need to demand a computer science degree. These provisions mainly amend the regulations governing H-1B specialty occupation workers, The H-1B1 program allows employers to temporarily employ foreign workers from Chile and Singapore in the U. lmtl qmxyd izsqeef bzbeskj banmu onmwmq fmopg yng xeb vyozdjl
H1b specialty occupation requirements. What is H1B Specialty Occupation?.
