First, the position itself must meet the criteria to qualify as a specialty occupation. Second, the foreign individual must be qualified to perform the duties of the position, and documentation establishing both are required.
The position must meet one of the following criteria to qualify as a specialty occupation:
- The position normally requires a bachelor’s degree or higher in a specific field.
- A degree is required by similar companies in the industry, or the position is so complex that a degree is required to perform the tasks of the job.
- The duties of the position are so specialized and complex that the knowledge gained from a bachelor’s degree or higher would be required to perform the duties.
The individual seeking the H-1B visa be qualified to perform the duties associated with the position. To be qualified, the individual must meet one of the following:
- Have a U.S. bachelor’s degree or higher by an accredited university.
- Have a foreign degree that is the equivalent to a U.S. bachelor’s degree or higher by an accredited university.
- Have a license, registration, or certification that allows you to practice the specialty occupation in the state of intended employment.
- Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation.
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