American Work Permit - Official Rules & Regulations of American Work Visa

An overview of Specialty Occupation

The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and which requires the attainment of 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:

1] Hold a US baccalaureate or higher degree required by the specialty occupation from the accredited college or University;

2] Hold a foreign a degree determined to be equivalent to US baccalaureate or higher degree required by the specialty occupation from the accredited college or University;

3] Hold an Unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engagement in that specialty in the state of intended employment; or

4] Have education, specialized training and/or progressively responsible experience that is equivalent to completion of a US baccalaureate or higher degree required by the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. 

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