Sayer Regan & Thayer, LLP
Call For Your Free Initial Consultation

How do you show that you have a specialty occupation?

To get the H-1B, you need to show a number of different things regarding your employment, including the fact that you work in a "specialty occupation". This is not that tough to prove in most cases, as there are a few different criteria, and you only have to meet one.

First off, you can show that people working in your position would normally need to have at least a bachelor's degree to get the job. You can also show that they need a higher degree, such as a master's or a doctorate. In any case, some level of higher education is needed.

This degree can't just be a preference; you have to show that it is commonly required. You can also show that you work in such a complex field that no one without at least a bachelor's degree can do your job.

You don't always have to prove that the whole industry requires the degree. You may qualify if you simply show that your specific employer requires it or an equivalent level of education.

Finally, you can show that you'll carry out very specific duties. The knowledge that you have is both complex and specialized in a way that means someone without the right education wouldn't be able to do your job.

Essentially, the government is simply trying to determine whether or not you really need to enter the country to do the job, or if you could simply be replaced by anyone else. By showing that you have special skills that most people lack, you demonstrate your own importance.

Be sure you know everything about the H-1B and immigration law before starting the application process. The more information you have, the smoother it will go.

Source: U.S. Citizenship and Immigration Services, "Understanding H-1B Requirements," accessed Nov. 17, 2016

No Comments

Leave a comment
Comment Information

Contact Our Attorneys

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

130 Bellevue Avenue
Newport, RI 02840

Toll Free: 800-803-7699
Phone: 401-324-9915
Fax: 401-849-4330
Newport Law Office Map

343 C Main St.
Wakefield, RI 02879

Toll Free: 800-803-7699
Phone: 401-324-9915
Fax: 401-783-0660
Map & Directions