Employee Specialty Occupation H-1B Requirements
Eligibility for H-1B status requires that the employment position qualify as a “specialty occupation.” As a general matter, employment that requires a bachelor’s degree will qualify as a specialty occupation, as will other employment that requires specialized knowledge or experience that is the equivalent of a bachelor’s degree. Professional positions that require graduate work or certification (e.g., doctors, lawyers, teachers, etc.) generally meet the specialty occupation requirement, with an important caveat—the H-1B alien must have any U.S. State license that will be required in the jurisdiction where he or she will work.In addition to establishing that the employment position qualifies as a specialty occupation, employers must also demonstrate that the H-1B alien is suitably qualified for that employment. Employers may meet this requirement by providing documentation that the H-1B alien has the type of degree required for the specialty occupation. Typically, the degree must be at least a bachelor’s degree from an accredited U.S. institution or the foreign equivalent of such a degree. In the absence of a degree, it may be possible to meet this requirement by providing evidence of specialized training/experience or other education.
