The H-1B visa allows employers to recruit foreign workers in certain specialized jobs. These jobs require a high level of skill and usually need a bachelor’s degree or higher. The visa is often used in fields like technology, engineering and healthcare.
To qualify for an H-1B visa, the worker must have a genuine offer from a U.S. employer and meet the education or experience requirements for the position. The job itself must also meet the definition of a “specialty occupation.”
What are specialty occupations?
A specialty occupation is a role that requires specialized knowledge and at least a bachelor’s degree in a specific field. It must be a job where the degree is usually a minimum requirement for entry.
The position should involve duties that are complex enough to need skills gained through a formal education. Employers must also show that the role is not one that typically hires people without such a background.
Common examples of specialty occupations
Specialty occupations are found in many industries. Some of the most common examples include:
- Software developers and computer programmers
- Civil, mechanical and electrical engineers
- Financial analysts and accountants
- Architects and urban planners
- Scientists in biology, chemistry or physics
- Physicians, pharmacists and physical therapists
- University professors and some school teachers
Roles that don’t usually qualify
Jobs that do not generally require a specific degree, such as sales positions or general office work, typically do not meet the specialty occupation standard. The role must be clearly tied to a field of study and require technical or academic expertise.
Each H-1B petition is reviewed on a case-by-case basis, with close attention to the job duties and required qualifications. When applying, it’s essential to seek legal guidance.