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Significance of ‘Specialty Occupation’ in H-1B Visa Applications

By March 7, 2024March 22nd, 2024No Comments

Navigating the intricacies of the H-1B visa application process involves understanding key concepts, one of which is the notion of a ‘specialty occupation.’ At Jeelani Law Firm, we recognize the importance of clarity in immigration matters, and we’re here to delve deeper into what constitutes a specialty occupation for H-1B visa purposes.

A specialty occupation, as defined for H-1B visa purposes, encompasses positions that meet one or more of the following criteria:

1. Educational Requirement: The position mandates a minimum of a bachelor’s degree or a higher degree, or its equivalent. This criterion underscores the significance of educational qualifications in roles requiring specialized knowledge and skills.

2. Industry Norms: The degree requirement is customary within the industry for the position. Alternatively, the job may be exceptionally intricate or unique, necessitating at least a bachelor’s degree in a related field. This criterion acknowledges the dynamic nature of industries and the evolving skill sets required for specialized roles.

3. Complexity of Duties: The nature of the specific duties associated with the position is highly specialized and complex. Performing these duties necessitates knowledge typically associated with the attainment of a bachelor’s or higher degree. This criterion emphasizes the level of expertise required to fulfill the responsibilities of the role effectively.

Understanding the nuances of these criteria is crucial for both employers seeking to sponsor H-1B visa applicants and prospective H-1B visa employees themselves. Compliance with these requirements is essential for a successful visa application process.

At Jeelani Law Firm, we offer comprehensive assistance and guidance throughout the H-1B visa application process. Our team of experienced immigration attorneys is dedicated to providing personalized support tailored to your specific needs. Whether you’re an employer navigating the sponsorship process or an individual seeking to secure an H-1B visa, we’re here to help streamline the process and maximize your chances of success. Trust Jeelani Law Firm to be your partner in achieving your immigration goals.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.