The definition of “specialty occupation” for H-1B visa petitions has been updated to provide more flexibility in the types of degrees required. The rule now clarifies that a specialty occupation normally requires a bachelor’s degree, but it does not always have to be a specific degree for a specific position. Employers can now accept multiple degrees in fields that are “directly related” to the job duties of a particular role.

 

 

To meet this updated definition, the degrees must have a “logical connection” to the position’s duties and require specialized knowledge. For example, an employer may accept degrees in business, engineering, or economics for roles like Computer Systems Analyst or Market Research, as long as the degree is related to the responsibilities of the job.

 

The rule also clarifies previous misconceptions suggesting that a specialty occupation could only accept one specific degree field. Historically, the specific degree and its connection to the proffered role was the subject of many Requests for Evidence (RFEs).  Now, the guidance clarifies that a position may accept several different degrees, providing more flexibility for employers and workers.

 

These changes are important for both employers and foreign workers seeking H-1B visas. If you’re navigating the H-1B process, it’s advisable to consult with an immigration attorney to ensure your petition meets the updated requirements. The H-1B lottery will open in just a few weeks.  Make sure you are prepared.  Contact us at 703-348-1663 to schedule a consultation.