In U.S. immigration, speciality occupation is the foundation of the H-1B visa program. These positions require specialized knowledge and a bachelor’s degree or higher in a specific field.
For foreign professionals looking to live and work in the United States under an H-1B visa, understanding what qualifies as a speciality occupation is critical. It’s one of the primary factors that determines visa eligibility.
In this guide, you’ll learn what speciality occupation is, the criteria used by USCIS, examples of qualifying jobs, how to prove your position qualifies, and how to handle challenges that may arise during the application process.
What is a Speciality Occupation?
A speciality occupation requires a specific educational background and skill set. According to USCIS, a position must meet at least one of the following four criteria to qualify:
- A bachelor’s or higher degree is usually the minimum entry requirement.
- The degree requirement is common to the industry, or the job is so complex that it can only be performed by someone with a degree.
- The employer typically requires a degree or equivalent for the position.
- The duties are so specialized and complex that the knowledge required is usually associated with earning a bachelor’s degree or higher.
In simpler terms, if the job requires deep technical knowledge or specific academic training, there’s a strong chance it qualifies as a speciality occupation. Understanding these requirements is essential because USCIS scrutinizes H-1B applications carefully to ensure the position truly qualifies as a speciality occupation.
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What are the Eligibility Criteria for H-1B Speciality Occupations?
To qualify for an H-1B visa based on a speciality occupation, both the job and the applicant must meet specific requirements.
The position must require theoretical and practical application of highly specialized knowledge. Think of roles that demand advanced technical skills or in-depth knowledge of complex systems – positions that typically can’t be filled without significant education or training.
For applicants, you must have:
- A U.S. bachelor’s degree or higher in the specific field related to the occupation
- A foreign degree that’s equivalent to a U.S. bachelor’s or higher degree
- An unrestricted state license, registration, or certification that authorizes you to practice the speciality occupation
- Education, specialized training, and/or progressively responsible experience equivalent to a U.S. degree
The relationship between your degree and the job duties is particularly important. USCIS looks for a direct connection between your field of study and the position you’ll fill. For example, a computer science degree would be appropriate for a software engineering role but might not qualify you for a marketing position.
What are the Common H-1B Speciality Occupation Categories?
While the H-1B speciality occupation list isn’t officially published by USCIS, certain fields consistently qualify:
Technology: Software developers, computer systems analysts, and data scientists are among the most common H-1B occupations. These roles require specialized knowledge in computer science, engineering, or related fields.
Healthcare: Physicians, therapists, and certain specialized nursing positions often qualify, as they require specific medical degrees and sometimes licensing.
Finance and Business: Financial analysts, management consultants, and economists typically qualify due to their need for specialized business or economics education.
Education: University professors, researchers, and certain teaching positions that require advanced degrees are often approved as speciality occupations.
Engineering: Civil, mechanical, electrical, and other engineering roles requiring technical engineering degrees regularly meet the criteria.
Proving Your Job is a Speciality Occupation
Successfully demonstrating that your position qualifies as an H-1B speciality occupation requires thorough documentation. Your employer plays a crucial role in this process by:
- Creating a detailed job description highlighting the complex and specialized duties
- Explaining why the position requires a degree in a specific field
- Providing evidence of industry standards regarding education requirements
- Showing how the company typically requires similar education for comparable positions
Additional supporting evidence might include:
- Job postings for similar positions showing degree requirements
- Expert opinions from professional associations
- Industry publications discussing educational requirements
- Detailed explanations of the job’s complex and unique duties
What are the Common H-1B Visa Challenges?
Even qualified applications can face challenges. A common issue is Requests for Evidence (RFEs) questioning whether the position truly qualifies as a speciality occupation. Entry-level positions face particular scrutiny, as USCIS may question whether they truly require specialized knowledge.
To overcome these challenges:
- Ensure job descriptions emphasize specialized duties rather than routine tasks
- Demonstrate why the specific degree is necessary for performing these duties
- Provide evidence of industry standards requiring degrees for similar positions
- Consider consulting with an experienced immigration attorney.
When facing complex challenges, working with an Immigration Question attorney becomes invaluable. You need lawyers who understand how to structure applications to address USCIS concerns before they arise and respond effectively to RFEs if they occur.
Final Thoughts
Understanding what makes a speciality occupation isn’t just a technical exercise—it’s essential for H-1B visa success. With proper preparation and documentation, you can demonstrate that your position meets the requirements and requires your specialized skills and education.
If you’re preparing an H-1B petition or responding to USCIS concerns about your speciality occupation qualification, Immigration Question attorneys can help. You can find attorneys who have handled several successful H-1B applications and understand what it takes to prove your position qualifies.
Visit Immigration Question today to get started.
Frequently Asked Questions
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What if my degree is in a different field than my job?
You may still qualify if you can demonstrate how your education relates to the position or through equivalent experience in the field.
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Can I qualify without a bachelor’s degree?
Possibly, through a combination of education and progressively responsible work experience that equals the knowledge gained in a four-year degree.
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What are the speciality occupations for E3 visa?
There is no official list of speciality occupations for the E-3 visa, but qualifying roles are those that require at least a bachelor’s degree and involve the application of specialized knowledge, similar to the H-1B visa standard.
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What happens if USCIS doesn’t consider my job a speciality occupation?
Your H-1B petition will likely be denied, but you may be able to restructure the position or provide additional evidence to reapply.
