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.

Foreign Employment: Pain Point Part - 3

When it comes to seeking an employment overseas, the market is saturated with fraud by broker agents that charge cash for visa, and often do not file a work petition for citizens from abroad. PROVE (Professional Registry of Verified Employers) therefore, cross verify both the job seeker as well as the overseas employer.

Advantages to the Worker:

•             Being sought against being pushed for employment overseas

•             Employment Opportunities void of broker intervention

•        Opportunity to earn maximum dollar value for earned skills, education and experience

•        Opportunity for freelancers and existing employees of organizations to reach foreign employers direct one-on-one

Advantages to the Employer:

•          An Open transparent network that tackles fraud at its source, No resume required.

•          Workers specify the minimum salary expected, minimizing multiple brokerage of talent

•          Companies “make an offer’ giving the worker the right to accept or deny an offer

•          Companies post job requisitions for free and receive most relevant candidates - a work visa   is a function of a job, thus eliminating fraudulent job offers.

Foreign Employment: Pain Point Part - 2

The brokerage of Intellectual Capital drives down wages, and foreign guest workers are often underpaid. Multiple layers of broker agencies, that earn a per hour commission of their visa sponsored employee create a grey market. Large scale grey market with invisible recruitment happening online to poach workers from India is a growing concern. Knowledge Workers have a need to receive the right information at the right time from the right source that will help them make an informed decision without the intervention of a broker agent in the rapidly changing knowledge economy. So, whether it is a job seeker that needs to verify an employment offer made by a foreign employer or the recruiter overseas that questions job seekers professional experience in India, PROVE (Professional Registry of Verified Employers) therefore,  fulfills the needs of the Foreign Employer and Indian Worker.

Foreign Employment: Pain Point Part - 1

• American work visa sponsors bind their sponsored employee via elaborate employment contracts, prohibiting them the freedom to find work elsewhere. 
• America’s ‘staffing only’ firms (similar to HR agencies), can also sponsor a work visa for a citizen from abroad. In terms of recruitment, the term ‘employer’ therefore is ambiguous and misleading for a worker in India, to whom the complexities of ‘dual employment’ overseas are largely unknown.    
  

PROVE (Professional Registry of Verified Employers) offers an open transparent system where workers are sought by employers globally, against them being pushed by greedy corporate from India. The registry helps fill in the gap of information that the Indian Knowledge Workers heading abroad face when it comes to knowing their rights.