What Is a Specialty Occupation in U.S. Immigration?


 What is a Specialty Occupation?

A specialty occupation is a job that requires specialized knowledge and at least a bachelor’s degree (or its equivalent) in a specific field. For a position to be considered a specialty occupation, it must meet at least one of the following conditions:

  • The job requires a U.S. bachelor’s degree or higher.
  • A degree requirement is the norm across the industry for similar positions.
  • The job duties are complex or unique enough to require a degree.
  • The employer typically requires a degree for this role.

To qualify for such a position, the applicant must meet at least one of these criteria:

  • Hold a U.S. bachelor’s (or higher) degree in the specialty.
  • Possess foreign education and/or experience equivalent to a U.S. degree in the field.

H-1B Visas and Specialty Occupations

The H-1B visa is a nonimmigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. These are professional roles that require advanced knowledge and credentials.

H-1B Specialty Occupation fields are:

  • Engineering
  • Architecture
  • Mathematics
  • Physical & Social Sciences
  • Medicine and Health
  • Education
  • Business Specialties
  • Accounting
  • Law
  • Arts and Theology

What is the H1B Visa Cap Count?

Each fiscal year, there is a limit on the number of new H-1B petitions that can be approved. This is known as the H-1B visa cap count. According to the U.S. Citizenship and Immigration Services (USCIS):

  • The regular annual cap is 65,000.
  • An additional 20,000 slots are reserved for individuals who have earned a master’s degree or higher.

Due to high demand, reaching the cap often results in a lottery system that randomly selects eligible petitions.

How and When to Apply for H-1B Specialty Occupations

Before applying for an H-1B visa, employers must obtain a Labor Condition Application (LCA) from the U.S. Department of Labor.

Steps to follow:

  1. File an LCA (Form ETA-9035E) electronically via the FLAG System.
  2. LCAs can be submitted no more than 6 months before the start of employment.
  3. Employers must attest to compliance with wage and working condition standards.

Exceptions for manual (paper) filing apply only to employers with physical disabilities or those without internet access, and special permission is required to proceed by mail.

What Happens After Filing LCA?

  • The Department of Labor reviews LCAs for completeness within seven working days.
  • Employers can check the status and download certified applications directly via the FLAG System.
  • Once approved, the next step is to file a petition with USCIS and secure a visa through the Department of State.

Do You Still Have Immigration Questions?

Getting exhaustive information is the foundation for a successful H-1B petition Visit Immigration Question to receive immediate answers to your queries regarding H-1B and specialty occupations.

Get Immigration Question Legal Assistance

Connect with verified immigration attorneys through the Immigration Question Network. These professionals can help you:

  • Determine if your job or role qualifies as a specialty occupation
  • Ensure compliance with filing requirements
  • Avoid errors in the H-1B application process

Frequently Asked Questions (FAQ)

1. What is a specialty occupation?

A specialty occupation is a job that requires specialized knowledge and a bachelor’s degree or higher in a specific field of study. Examples include jobs in engineering, medicine, education, law, and arts.

2. Who can work in a specialty occupation?

A candidate must hold a U.S. bachelor’s (or higher) degree in the relevant specialty or have equivalent foreign education or experience that meets the U.S. standards.

3. Do I need a degree for specialty occupation?

The role must require a degree, or the duties must be so specialized that only someone with a degree can perform them. Additionally, the employer typically requires a degree for the position.

4. How does a specialty occupation relate to the H-1B visa?

The H-1B visa is issued to foreign professionals employed in specialty occupations. It allows U.S. employers to hire qualified workers for roles that require advanced education and expertise.

5. What is the H-1B visa cap count?

The H-1B visa cap count is the annual limit on new H-1B visas issued. Currently, there is a 65,000 visa cap for regular applicants and an additional 20,000 cap for those with a U.S. master’s degree or higher.

6. When should employers file for an H-1B visa?

Employers can submit a Labor Condition Application (LCA) no more than 6 months before the job start date. Once certified by the Department of Labor, they can file an H-1B petition with USCIS during the application period.

7. Where can employers file the Labor Condition Application (LCA)?

LCAs must be filed electronically. Only in rare cases can employers request permission to file by mail.

8. Where can I get answers to my immigration questions?

Visit Immigration Question and ask your questions on the Open Forum. You can also connect with experienced attorneys via the Immigration Question Network. These professionals specialize in handling H-1B petitions.

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