The Specialty Occuption of an H-1B Visa
editThe H-1B Visa is governed by provisions in the Immigration and Nationality Act and the Code of Federal Regulations. [1] There are many provisions to the H-1B. However, one very important part of the H-1B is that it must be a specialty Occupation. [2]
A spcialty occupation is defined as requiring
- 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.S[3]
With the H-1B, the B.S. Degree must be the minimum requirement for the position and it must be normal in the industry. [4]. Therefore, an employer could clearly not hire a receptionist and claim that a B.S. in Engineering is the minimum requirement for the position. The nature of the work itself must be so specialized as to require the use and attainment of the degree.
There is a criteria in evaluating the position. It is as follows. The position will focus on tasks as required by the petitioner and industry standards. It will require knowledge that is both theoretical and applied which are obtained through a university and it requires precise and specific coursework related to the position. Getting a college degree that is general and not specific will not qualify for this requirement.Nor will a degree in general education. The method and amount of compensation and the salary will also affect whether this is a specialty position. .[5]
Thus, the 'specialty occupation' for an H-1B is quite complex in its analysis and must fall under the regulations in order for the H-1B to be approved.
--Immigration Attorney Brian D. Lerner 05:48, 26 January 2016 (UTC)Brian D. Lerner, Immigration Attorney
Category:H-1b visa Category:Specialty Occupation of H-1B Category:Immigration attorney