What are the documents required for Speciality occupation RFE?
Documents Required for H1B Specialty Occupation RFE? You should include the H1B specialty occupation cover letter with details of job duties, similar job postings, client letter, university professor expert opinion letter, and progressive work experience letter.
Is software developer a Speciality occupation?
of Labor’s Occupational Outlook Handbook, which clearly states that the position of Software Developer requires a minimum of a Bachelor’s degree in a related field – thus leaving little doubt that it is, in fact, a Specialty Occupation.
Is software engineer a Speciality occupation?
The employer should also include any usual experience or specific knowledge requirements for the position. In a narrow, literal view of the requirement, a software engineering position would strictly require a degree in software engineering or computer science to qualify as a specialty occupation.
What is the definition of a specialty occupation?
A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”
What are the requirements for a specialty job?
To establish that a job qualifies as a specialty occupation under USCIS regulations, one or more of the following criteria must be met: A bachelor’s or higher degree or its equivalent that is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
What do you need to know about occupational needs?
Occupational Needs The need to: (1) choose daily occupations, (2) participate in occupations, (3) have a balance of various occupations in one’s life (eg, self-care, productivity, leisure), and (4) engage in personally meaningful occupations. 10, 13 Occupational Disruption
What are the specialty occupations for H-1B visas?
USCIS is reviewing petitions in much more detail, and the “specialty occupation” requirement is a growing hurdle to getting an H-1B. Years ago, we saw H-1B approvals for a massage therapist, an airline pilot, and an assistant college sports coach.
In recent denials of H-1B petitions, the USCIS has been taking the position that the occupation for which H-1B classification is sought must require a degree in the specific field. This position runs contrary to the definition of a specialty occupation.
What makes a specialty a specialty in the United States?
-Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States
To establish that a job qualifies as a specialty occupation under USCIS regulations, one or more of the following criteria must be met: A bachelor’s or higher degree or its equivalent that is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
How is a specialty occupation defined under INA 214?
The answer lies with how the phrase in the parenthetical “or its equivalent” is interpreted in INA § 214 (i) (1). In Tapis International v INS, 94 F. Supp. 2d 172, the court held that a “position may qualify as a specialty occupation if the employer requires a bachelor’s degree or its equivalent.