H-1B Specialty Occupation Nonimmigrant Visa Classification

If you intend to work in the U.S. in an occupation that requires a bachelor’s degree or higher in the relevant field of study (e.g., mathematicians, engineers, or scientists), and you have at least a bachelor’s degree or equivalent, you may be eligible for a H-1B nonimmigrant visa.  

With this classification, your employer has to petition on your behalf. The petitioning employer may be an entity in which you have an ownership interest.  

On this page, we will discuss the key requirements you must meet to qualify as an H-1B specialty occupation worker in the United States. We have also listed the forms of evidence that you can submit to show that you meet each requirement.  

Requirement 1: You Must Prove an Employer-Employee Relationship with the Petitioning U.S. Employer

Your petitioner may establish a valid employer-employee relationship if they are ready to hire, pay, fire, supervise, or otherwise control your work in the United States. The majority or sole owner of the petitioning entity may establish a valid employer-employee relationship if the facts indicate that the entity meets at least one of the above-mentioned factors.  

How to Demonstrate an Employer-Employee Relationship If You Own the Entity   

Suppose you own the petitioning entity. In that case, you can demonstrate that a valid employer-employee relationship exists if the entity will either hire, pay, fire, supervise, or otherwise control your work.  

Additionally, the H-1B petitioner must submit a Labor Condition Application (LCA) and a copy of any written contract between the petitioner and the beneficiary or a summary of terms of an oral agreement where a written contract does not exist.  

Whether a valid employer-employee relationship exists between the H-1B petitioner and beneficiary is determined based on the content of such documentation.  

Requirement 2: Your Job Must Qualify As A Specialty Occupation  

To illustrate that your job qualifies as a specialty occupation, it must meet the following criteria: 

• A bachelor’s or higher degree or an equivalent is the minimum requirement for the job position in question; 
• The employer requires a degree or its equivalent for the job; 
• The degree requirement is common for that specific position in the industry, or the job is so unique or complex that it can only be performed by a person with at least a bachelor’s degree in a field related to the position;
• The nature of the position’s duties is so specialized and complex that knowledge is a prerequisite to performing the duties, and such knowledge is associated with the attainment of a baccalaureate or higher degree.  

How Can You Prove Your Position Within Your Entity is An Occupation that Normally Requires A Degree In A Related Field? 

The USCIS refers to the U.S. Department of Labor (DOL) Occupational Outlook Handbook (OOH) to help determine whether a job requires a degree.  

If the OOH does not indicate that a degree in a related field is necessary as a minimum requirement for your position, you will not qualify for an H-1B visa classification.  

Examples of evidence that you can submit to show that the position requires a degree in a related field include, but are not limited to: 

• Copies of past job position announcements, where applicable, that reflect the minimum educational requirements for the position and which indicate that your company normally requires a degree for the position. The documentation must also confirm that the position is so complex or specialized that it can only be performed by someone with a degree. This must be accompanied by a detailed description of the petitioner’s business/services/products and the duties of the position; 
• A detailed description of the petitioner’s business/services/products and duties of the position, along with written opinions from expert witnesses confirming that the position is so complex or specialized that it can only be performed by someone with a degree in a related field;  
• Letters, job listings, and/or affidavits from other employers reflecting the job’s minimum requirements and which demonstrate that the degree requirement is common to the industry in parallel positions among similar organizations; 
• Written field-expert opinions explaining how the degree is related to the position you will hold in the company.  

Requirement 3: Your Job Must Be A Specialty Occupation Related To Your Field of Study  

Some of the evidence you can adduce to show that your degree is related to the job position includes, but is not limited to: 

• A detailed account of the specific duties related to the position, the services or products your company offers, or the complex nature of the role you will perform, and how the degree relates to the role; 
• Resources describing the degree fields associated with the occupation; 
• Written field-expert opinions explaining how the degree is related to your role in the company; or 
• Evidence that similar organizations in your industry require similar degrees for similar job positions.  

Can You Qualify Without a Bachelor’s Degree? 

If your position qualifies as a specialty occupation but you do not have at least a bachelor’s degree in a related field, then you may qualify by: 

1. Having education, specialized training, or progressively responsible experience that’s equivalent to completing a U.S.. bachelor’s degree or higher in the specialty occupation. Additionally, you must have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. Three years of work experience or specialized training in the field is considered equivalent to one year of college; or  

1. Holding an unrestricted state license, certification, or registration, which authorizes you to fully practice the specialty occupation and be directly engaged in that specialty in the state of intended employment.  

For any foreign degree, you must submit equivalency documents. If work experience is a question for consideration, please submit an equivalency evaluation from a college official.  

If your equivalency evaluation is not from the school’s registrar, submit a statement from the institution’s registrar to establish that the evaluating official is authorized to grant college-level credit on behalf of the institution.  

Requirement 4: A H-1B Visa Number Must Be Available At The Time of Filling the Petition Unless the Petition Is Exempt from Numerical Limits  

The H-1B visa classification has an annual cap, or limit, of 65,000 visas or initial status grants each fiscal year. However, the first 20,000 petitions filed on behalf of beneficiaries who have attained a master’s degree or higher from a U.S. institution of higher education are exempt from the cap.  

Similarly, H-1B workers petitioned for or employed by institutions of higher education (or affiliated nonprofit entities), nonprofit research organizations, or government research entities are not subject to the numerical limit.  

Cap visa numbers are often depleted very quickly. Therefore, it is critical to plan ahead if you intend to apply for an H-1B nonimmigrant visa classification subject to the annual numerical cap.  

H-1B cap-subject visa petitions, including those eligible for advance degree exemptions, may not be filed unless based on a valid, selected registration for the beneficiary (unless the registration requirement is suspended). 

Registration begins in early March for a start date in the following fiscal year. It is also worth noting that H-1B petitions can be filed up to six months prior to the start date.  

Please visit the USCIS website for more resources, including the H-1B electronic registration process and the H-1B cap season.