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The H-1B Speciality Occupation

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

The petition must be filed by the U.S. employer and must be filed with:

  1. Evidence that a labor condition application has been filed with the U.S. Department of Labor;
  2. Evidence showing that the proposed employment qualifies as a specialty occupation;
  3. Evidence showing that the alien has the required degree by submitting either:
    • A copy of the person's U.S. baccalaureate or higher degree as required by the specialty occupation;
    • A copy of a foreign degree and evidence that it is equivalent to the U.S. degree; or
    • Evidence of education and experience that is equivalent to the required U.S. degree.
  4. A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
  5. A copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed.