Thursday, 25 August 2016

An overview of a specialty occupation.


           TheH1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United states." Thus, there are two requirements: First, the employer must demonstrate a need for someone in a specialty occupation as the minimum capability to perform the job; and second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position. Under the regulations, the need for a person in a specialty occupation can be shown by one of the following:
a) A bachelor's or higher degree is normally the minimum requirement for entry into the particular position;
b) The degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that only an individual with a degree can perform it;
c) The employer normally requires the degree for the position; or
d) The nature of the duties is so specialized and complex that knowledge required to perform them is usually obtained through a bachelor's level or higher education.
            Certain occupations have no trouble meeting this definition since specialty occupations are deemed to include "professions." The term "profession" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, academies or seminaries. These occupations would easily qualify for H-1B status. Additionally, the CIS now recognizes computer systems analyst, computer engineers, and certain management positions as specialty occupations.

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