How do I determine if a position is a “Specialty Occupation” under the H1B regulations?

 In the H1B context, a “specialty occupation” requires:

  • Theoretical and practical application of a body of highly specialized knowledge;
  • Attainment of a bachelor’s or higher degree, or its equivalent, in the specific specialty; and
  • One of the following:
    • The degree is the standard minimum entry requirement for the position; 
    • The degree requirement is common to the industry;
    • Position and nature of its duties are so complex and/or unique that work can be performed only by someone with a degree; or
    • The employer typically requires a degree for this position.
      EXAMPLES:  architecture, engineering, education, mathematics, sciences, medicine and health, certain business specialties, certain computer professions, and accounting.  

If the position requires only a Bachelor’s degree but not a specific degree (e.g., Finance, Accounting, or related), the position cannot be classified as a specialty occupation. Therefore, unfortunately, we would not be able to sponsor a foreign national for an H1B using this position as the basis.

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