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A Guide Through Specialty Occupation Evaluation and H1-B Correlation

Specialty occupation can be termed as nonimmigrant classification which applies to people who wish to perform services in a specialty occupation with an area of expertise and exceptional merit in a given field.

Eligibility criteria for specialty occupation

  • Theoretical and practical application in the given area and highly specific knowledge about the particular field.
  • Should have a bachelor’s degree in the specific specialty (or its equivalent) condition for entering the U.S.

Position to qualify for specialty occupation

  • Bachelors’ degree or higher or equivalent minimum criteria for entry into a particular position.
  • The degree required should be common to the same position among parallel organizations or the job is so complex that it can be performed by a certain individual with a degree.
  • The employer required a degree or its equivalent for the position
  • The nature of specific duties is so specific and complex that knowledge to perform such duties can be held by a person with a minimum bachelor’s degree.

Qualification of person to perform in a specialty occupation

  • Holds a U.S. bachelor’s or higher degree required by a specific occupation from an accredited college or university.
  • Holds a foreign degree that is equivalent to a U.S. bachelor or higher degree required by a specific occupation from an accredited college or University.
  • Holds an unrestricted state license, registration, or certification that authorizes you to fully practice the specific occupation and be immediately engaged in that specialty in the state of intended employment.
  • Have education, specialized training, or responsible experience that is equivalent to completion of a U.S. bachelor’s degree or higher in a specific occupation and have recognition of expertise in the specialty through progressive positions directly related to specialization.

H1-B Electronic registration process

In 2020 USCIS started an electronic registration process. The main point to note down is that it will not be considered if it’s not filled in the same fiscal year or based on a valid beneficiary.

Labor condition application (LCA)

Specific employers must obtain a certification from LCA and DOL.IT includes that the employer will be subject to fines, bars if a violation is issued.

Conditions for Application

  • The employer will pay the same and no less wage to workers as compared to those already working there or greater than the previous wage in the geographical area in which the employee is working.
  • The employer will provide conditions that will not disturb other employed workers.
  • At the time of Labor condition, there will be no strike at the place of employment.
  • Notice of filing of Labor condition application with the DOL has been given to the union bargaining representative.

Period of stay

An H1-B specialty occupation worker will be allowed for 3 years or a max extended 6 years though some exceptions may apply under (AC act). Your employer is responsible for the return cost if they terminate your employment before the end of the period of stay. They will not be responsible if you voluntarily resign from the organization.

H1-B Cap

The H1-B classification is subject to 65,000 new visas each fiscal year. 20,000 petitions filed with those with master’s degrees or higher from U.S. institutions are exempted from this cap.

H1-B workers who are employees at higher education institutions or nonprofit organizations or government research organizations are not subject to this cap.

Specialty Occupation Evaluation

Specialty occupation evaluations are used in response to USCIS RFE’s that challenge whether petitions for H1-B visas involve specialty occupation

Specialty Occupation Letter

It establishes an offered H-1 position as a USCIS specialty occupation, our experts are a master to demonstrate and put your case in your favor in case of an RFE as they will highlight your educational and work experience that matches the given criteria of specialty occupation.

Requirements

Employers support letter and a description of the petitioner and a detailed list of required job duties for the offered position

Overview

If your petition matches as a specialty occupation the chances of you getting an H1-B visa increase manifolds so trust our leading experts and succeed in your career and life goals. You are one step away from your goals, let International Evaluations help you achieve that.

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