Standards to Determine Specialty Occupation

Under pertinent laws, a specialty occupation for H-1B purposes must meet one of the following criteria:

1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into
the specific occupation;

2. A baccalaureate or higher degree or its equivalent is commonly required in the industry for parallel
positions among similar organizations;

3. The nature of specific duties to be performed is so specialized and complex that knowledge required to
perform the duties is usually associated with attainment of a least a baccalaureate degree;

4. The petitioning employer normally requires a baccalaureate degree or higher or its equivalent for the same or similar position.

The burden of proof is on the petitioning employer who needs to provide documents to establish qualifications under one or more criteria.