Nonimmigrant Specialty Occupation (H-1B)
Who Gets It?
H-1B visas are granted to individuals who want to perform services in a specialty occupation in the United States. The qualification of “specialty occupation” is determined by the job duties, job requirements, and Department of Labor’s classification of the intended position.
What the USCIS Wants to See?
The USCIS wants to see documentation and a written description of the purpose, the function, and the requirements of the specialty occupation. They also ask for the visa seeker’s educational and work history. These are the pieces that all submissions must have:
What the USCIS Does Not Want to See?
- Submissions must establish that the applican has at least a Bachelor's degree or equivilant.
- Submissions must establish a clear list of job duties that are specific to the nature of the employer’s business.
- Submissions must establish the nature of the employer’s business.
The USCIS will call into question an H-1B petition based on a number of factors. These are the issues that have been raised in the past. Be aware that the USCIS can take issue with just about anything, so this list is nowhere near complete.
- Evidence that the business activity and nature cannot support sufficient specialized work for the visa seeker.
- Evidence that the visa seeker will be performing work duties other than the specialty occupation work.
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.