Specialty Occupation
A specialty occupation is a job that requires the theoretical and practical application of highly specialized knowledge and at least a bachelor's degree, or its equivalent, in a specific specialty. It is the core requirement for the H-1B visa.
How USCIS decides
USCIS looks at whether a degree in a specific, directly related field is normally the minimum requirement for the position. A job that accepts any bachelor's degree, or a general business degree, may not qualify.
Common examples include software engineers, accountants, engineers, doctors, architects, and teachers. Job titles alone do not decide the question; the actual duties do.
Specialty occupation evidence is one of the most common RFE topics for H-1B petitions. The same idea also applies to the E-3 and H-1B1 visas. See our H-1B visa page and E-3 page.
Frequently asked questions
Can work experience replace a degree?
Yes. USCIS generally accepts three years of specialized experience for each year of missing college study.
Is a computer programmer a specialty occupation?
It depends on the duties and degree requirement. Entry-level programming roles face more scrutiny.
Does the degree need to be from the US?
No. A foreign degree that is equivalent to a US bachelor's degree counts.
Official sources
- USCIS: H-1B Specialty Occupationsuscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.