Section A: What is a H1B specialty occupation?
The H1B specialty occupation visa is a long-established nonimmigrant work route for foreign nationals and US employers. It allows US sponsors to employ overseas graduate-level workers in roles that require specialized knowledge and formal qualifications, where the position offered qualifies as a specialty occupation under US immigration law.
For foreign workers, the H1B route provides an opportunity to work lawfully in the United States in a skilled role aligned to their academic background or equivalent professional experience. Although H1B status is time-limited, it is recognized as a dual-intent classification, meaning that holding H1B status does not prevent a worker from later pursuing permanent residence if eligible.
For US employers, the H1B route offers access to a global talent pool where suitable candidates cannot be sourced domestically. Employers use the route to fill highly skilled roles on a temporary basis, subject to strict regulatory oversight, wage requirements and compliance obligations enforced by both the Department of Labor and US Citizenship and Immigration Services.
This visa classification applies across a wide range of industry sectors and occupational categories. It is common for employers to assume that H1B sponsorship is limited to technology roles, particularly software engineering and IT-related positions. While computer-related occupations account for a significant proportion of H1B filings each year, the specialty occupation definition is not confined to the technology sector. Many other professional roles can qualify where the statutory and regulatory requirements are met.
NNU: Attorney Perspective
USCIS deliberately retains broad discretion over how the specialty occupation requirement is applied. It is not a fixed or closed concept. As labour market demands and skills evolve, the rules allow employers to put forward new and emerging roles for consideration. That flexibility, however, shifts the burden onto the employer. The employer has to build a clear, persuasive case that the role is genuinely specialized based on its actual duties, not its label.
A job title on its own carries little weight, and the degree held by the candidate does not solve the problem in isolation. The core question USCIS asks is why this specific job, in this particular business, genuinely requires specialized academic knowledge. If that question is not answered convincingly, the petition fails, and the wider H1B hiring strategy for that cycle collapses with it.
Section B: H1B specialty occupation requirements
The H1B visa is available to foreign workers employed in a qualifying specialty occupation pursuant to a valid job offer from a US sponsor. A recurring point of confusion is what, in legal terms, constitutes a H1B specialty occupation. In practice, this question determines whether an employer should proceed with registration at all, or reassess the role before incurring cost and compliance exposure.<
Under US immigration law, a specialty occupation is defined as a position that involves both the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree, or its equivalent, in a specific specialty.
As a baseline, a H1B specialty occupation must involve:
- the theoretical and practical application of a body of highly specialized knowledge, and
- the attainment of a bachelor’s or higher degree, or its equivalent, in a specific specialty.
Beyond this general definition, the job role on offer must also satisfy at least one of the following regulatory criteria:
- the minimum entry requirement for the position is normally a bachelor’s or higher degree, or its equivalent, in a specific specialty
- the degree requirement is common to parallel positions among similar organizations in the industry or, alternatively, the position is so complex or unique that it can only be performed by an individual with a degree
- the employer normally requires a degree or its equivalent for the position
- the nature of the specific duties to be performed is so specialized and complex that the knowledge required is typically associated with the attainment of a bachelor’s or higher degree.
In practical terms, this means the job offered by the US sponsor must require at least a US bachelor’s degree, or its equivalent, in a field that is directly related to the duties of the role. A general or unrelated degree will not be sufficient. USCIS focuses closely on the nexus between the academic field and the actual job duties, and misalignment between the two is a frequent basis for Requests for Evidence and denials.
Where a degree requirement is justified by reference to industry norms, USCIS expects objective evidence showing that comparable employers normally require a degree in the same specialty. Reliance solely on an employer’s internal hiring practices, without broader industry corroboration, is often challenged. Similarly, where an employer relies on the complexity or uniqueness of the role, the duties must be described with sufficient specificity to demonstrate why the position exceeds the scope of an ordinary entry-level role.
| USCIS role assessment factor | What USCIS expects to see | Common employer mistake |
|---|---|---|
| Job duties | Duties that clearly require the application of specialized academic knowledge and are detailed, role-specific and substantive. | Using generic, high-level or copied job descriptions that read like HR templates rather than reflecting the real role. |
| Degree requirement | A bachelor’s or higher degree in a specific field that is directly related to the duties of the role. | Listing a broad range of unrelated degrees or stating that “any bachelor’s degree” is acceptable. |
| Degree-to-duties alignment | A clear and logical connection between the academic subject matter and the tasks the worker will perform. | Assuming the degree level alone is sufficient without explaining how the field of study applies to the role. |
| Industry norms | Objective evidence that similar roles in comparable organisations normally require a degree in the same specialty. | Relying only on the employer’s internal hiring practices without wider industry support. |
| Role complexity | Duties that go beyond routine or entry-level work and require judgement, analysis or specialized expertise. | Describing junior, administrative or support-level tasks while claiming the role is highly specialized. |
| Wage level selection | A wage level that is consistent with the stated complexity, responsibility and seniority of the role. | Selecting a low wage level that undermines claims of specialized or complex duties. |
| Organisational context | Evidence showing how the role fits within the employer’s business, team structure and operations. | Failing to explain why the role is needed or how it differs from non-specialty positions. |
| Consistency across filings | Alignment between the job description, Labor Condition Application and petition forms. | Inconsistencies between duties, degree requirements or work locations across documents. |
NNU: Attorney Perspective
USCIS focuses on the specifics of the role, not general assumptions. The question is not whether that type of position usually requires a particular degree in the abstract. The employer has to demonstrate a clear, role-specific link between the academic discipline and the actual duties being performed, and explain why that specialized knowledge is essential to carrying out those duties.
Wage levels can undermine this analysis if they are not aligned. Offering a lower wage while asserting that the role involves complex, highly specialized work raises immediate credibility concerns. Employers often do not realize that job duties, degree requirements and wage level are assessed together as a single narrative. Weakness or inconsistency in one area can cast doubt over the entire petition.
Section C: Examples of eligible H1B specialty occupations
Because the legal definition of a H1B specialty occupation is broad, qualifying roles are not limited to the technology sector or to jobs that require a computer science degree. While computer-related occupations account for a substantial proportion of H1B petitions filed each year, the classification is designed to cover a wide range of professional roles where the statutory and regulatory criteria are satisfied.
In principle, any graduate-level role that normally requires at least a bachelor’s degree in a specific specialty as a minimum entry requirement may qualify as a specialty occupation. In practice, USCIS looks beyond job titles and focuses on the substance of the duties, the level of responsibility involved, and whether those duties require the application of specialized knowledge normally gained through formal education. Roles with broadly defined duties or degrees that are only loosely related to the position are more likely to attract scrutiny.
US Citizenship and Immigration Services publishes an annual report titled *Characteristics of H-1B Specialty Occupation Workers*. This report provides statistical data on approved H1B petitions, including information about sponsoring employers and occupational categories. Drawing from these reports, the following categories illustrate the range of roles that have historically been approved as H1B specialty occupations, subject always to the facts of each individual case (these examples are illustrative only and do not guarantee eligibility, as USCIS assesses the role based on duties, degree alignment and context rather than occupational labels):
- Computer-related occupations, including systems analysts, software developers and computer programmers
- Occupations in architecture, engineering and surveying, such as architects, civil engineers and structural engineers
- Occupations in administrative specializations, including senior executive assistants and public relations managers, where duties exceed general administrative functions
- Occupations in education, including school teachers and college or university educators, noting that many public educational institutions are cap-exempt
- Occupations in medicine and health, such as physicians, surgeons and psychologists, subject to licensing requirements and route-specific limitations
- Occupations in mathematics and physical sciences, including economists, statisticians, chemists, physicists and geologists
- Occupations in life sciences, such as biologists, zoologists, botanists and biochemists
- Managerial roles and officials, including sales and distribution managers, where duties are specialized and not primarily administrative or supervisory in nature
- Miscellaneous professional, technical and managerial occupations, including market research specialists and cybersecurity specialists
- Occupations in social sciences, such as rehabilitation workers and counsellors
- Occupations in art and design, including graphic designers and other professional artists
- Occupations in law and jurisprudence, such as lawyers and foreign law advisors
- Occupations in writing and communications, including journalists and editors
- Occupations in museum, library and archival sciences, including curators and archivists
- Occupations in entertainment and recreation, including radio presenters and television broadcasters
- Occupations in religion and theology, such as chaplains and youth pastors
Some occupational categories listed above carry a higher risk of scrutiny in practice. Roles with generic titles, particularly managerial or administrative positions, are frequently challenged where the underlying duties do not clearly require specialized academic knowledge. In the healthcare sector, many physician roles involve additional regulatory requirements, including state licensure and, in some cases, alternative visa pathways or cap-exempt sponsorship structures.
USCIS also maintains the H1B Employer Data Hub, which provides information on employers that have filed H1B petitions in recent fiscal years. The database includes searchable industry classification codes that illustrate the breadth of sectors in which H1B workers have been employed. These include:
- Agriculture, forestry, fishing and hunting
- Mining, quarrying and oil and gas extraction
- Utilities
- Construction
- Manufacturing
- Wholesale trade
- Retail trade
- Transportation and warehousing
- Information
- Finance and insurance
- Real estate and rental and leasing
- Professional and technical services
- Management of companies and enterprizes
- Administrative and waste services
- Educational services
- Health care and social assistance
- Arts, entertainment and recreation
- Accommodation and food services
- Other services
- Public administration
- Industry sector unknown
An employer’s industry classification does not necessarily correspond to the occupation of its H1B workers. For example, a healthcare organization may sponsor H1B workers in legal, financial or technology roles in addition to clinical positions. For this reason, industry data should be treated as contextual rather than determinative. When considered alongside USCIS adjudication trends and the annual characteristics reports, however, it can provide a useful reference point when assessing whether a particular role may qualify as a H1B specialty occupation.
NNU: Attorney Perspective
USCIS assesses H1B specialty occupation petitions on their individual merits and is not bound by past approvals. The fact that a role or job title has been approved previously does not guarantee approval in a future case. Relying on that assumption creates a false sense of security that can be costly at the petition stage.
The same job title can be approved for one employer and refused for another, depending on the actual duties, organisational structure, level of supervision and the employer’s business model. For employers, the outcome turns on context and evidence, not precedent or job labels.
Section D: What are the implications if a job role is found not to be eligible?
The specialty occupation requirement sits at the core of the H1B classification. Where USCIS is not satisfied that the job role offered by the US sponsor meets the specialty occupation criteria, the petition will not be approved. If a petition is denied on this basis, the foreign worker will not be eligible to obtain H1B status for that role, regardless of their individual qualifications.
In many cases, USCIS does not move directly to refusal. Instead, it may issue a Request for Evidence (RFE) where the initial filing does not sufficiently establish that the position qualifies as a specialty occupation. An RFE gives the petitioner an opportunity to provide further documentation and explanation before a final decision is made. While this is preferable to an outright denial, it extends processing times and shifts the burden back onto the employer to justify the role in greater detail.
RFEs in this area commonly focus on the relationship between the job duties and the degree requirement, the level of complexity of the role, and whether the position genuinely requires specialized knowledge. USCIS may also question whether the duties described are consistent with the wage level selected on the Labor Condition Application or whether the role resembles a generalist or administrative position rather than a specialty occupation.
In some cases, USCIS may request additional evidence to demonstrate how the beneficiary’s academic background relates directly to the job requirements. Where a degree is not an exact match, the petitioner is expected to explain how the beneficiary’s coursework, training or professional progression led to the specialized knowledge required for the role. Where the petition relies on a combination of education and experience, detailed documentation is required to show how that experience equates to formal academic study in the specialty.
At the petition stage, the employer is required to submit evidence of the beneficiary’s educational credentials, together with certified English translations where applicable. Although USCIS permits additional evidence to be provided in response to an RFE, failure to submit a coherent and well-supported petition at the outset significantly increases the risk of delay or refusal. Front-loading the petition with robust evidence remains best practice, particularly for roles that do not fit neatly within standard occupational classifications.
If USCIS ultimately concludes that the job role does not qualify as a specialty occupation, the petition will be denied. A denial may have consequences beyond the immediate filing, including workforce disruption, missed start dates and heightened scrutiny in future filings.
NNU: Attorney Perspective
If an employer is committing to the H1B programme, the more effective strategy is to front-load the analysis and strengthen the case at the outset. Weak filings tend to generate RFEs or denials, both of which increase workload, cost and disruption. Responding to USCIS queries is resource-intensive, and a refusal often forces employers to pursue alternative hiring plans after valuable time has already been lost.
Section E: Attorney advice on H1B specialty occupations
The specialty occupation requirement is one of the most closely scrutinized aspects of the H1B process and regularly presents challenges for both sponsors and applicants. Although USCIS publishes regulations and policy guidance on how specialty occupations are assessed, the application of those rules is highly fact-specific and often shaped by adjudication trends rather than formal rule changes.
This is particularly important given that registration decisions are now made before any supporting evidence is reviewed, increasing the cost of getting eligibility wrong at the outset.
For US sponsors, difficulty frequently arizes where a role does not align neatly with a recognized occupational category or where the duties combine elements from multiple disciplines. In these cases, reliance on a job title alone is insufficient. The petition needs to articulate clearly why the role requires specialized academic knowledge and how that knowledge is applied in practice. Employers should also be mindful that positions with generic titles, junior-level duties or broad degree requirements are more likely to attract Requests for Evidence.
Recent changes to the H1B registration system have heightened the importance of accuracy and consistency from the outset. The beneficiary-centric selection process means that each foreign worker is entered into the H1B lottery only once per fiscal year, regardless of how many employers submit registrations on their behalf. USCIS has made clear that enhanced integrity measures apply at both the registration and petition stages, and improper or speculative filings can lead to denial, revocation or referral for further review.
For H1B applicants, a realistic assessment of eligibility is equally important. Applicants are often advized to focus on employers with prior H1B experience, not because such employers receive preferential treatment, but because they are more likely to understand how USCIS evaluates specialty occupation roles and degree alignment. Care is needed to ensure that the applicant’s academic background or qualifying experience genuinely supports the role offered, particularly where the degree title does not mirror the job title.
Even where a job role meets the specialty occupation threshold, additional statutory and regulatory requirements apply. These include compliance with wage obligations, filing of a certified Labor Condition Application and adherence to the annual numerical cap where applicable. Approval of a H1B petition does not guarantee issuance of a H1B visa or admission to the United States, both of which remain subject to separate assessment by the Department of State and US Customs and Border Protection.
Given the financial cost, time investment and compliance risk involved, seeking advice from a qualified immigration specialist remains advisable. This applies both to employers filing a H1B petition for the first time and to experienced sponsors navigating increased scrutiny under the current registration and adjudication framework.
NNU: Attorney Perspective
The beneficiary-centric registration system brings risk forward in the H1B process. Where eligibility is fundamentally weak, selection in the lottery does not improve the outcome. It simply accelerates the path to refusal. That shift makes upfront role analysis strategically critical, because there is far less opportunity to correct weaknesses once a registration has been selected.
Section F: Summary
The H1B specialty occupation requirement sits at the heart of every H1B petition and remains one of the most scrutinized eligibility tests applied by USCIS. As USCIS scrutiny continues to focus on substance over form, employers benefit most from treating specialty occupation analysis as an eligility risk decision rather than a filing formality. Roles must require specialized knowledge and a degree in a directly relevant field, supported by clear evidence and credible job duties. Recent changes to the H1B registration system increase the stakes for employers, making accuracy, consistency and upfront legal analysis critical to avoiding delay, refusal or compliance risk.
Section G: Need assistance?
NNU Immigration’s US immigration attorneys provide specialist guidance on all aspects of the H1B visa, including eligibility, sponsorship requirements, and application timings and processing.
For US employers, this includes strategic advice on whether a role is likely to meet the specialty occupation threshold, how to structure job descriptions and degree requirements to withstand scrutiny, and how recent changes to the H1B registration and selection process affect filing strategy and risk exposure. Employers are also advised on compliance obligations arising after approval, including wage requirements, worksite changes and petition amendments.
For H1B applicants, advice covers assessing eligibility, aligning academic or professional background to the proposed role, and managing the transition to H1B status either through consular processing or a change of status within the United States. Where RFEs or compliance concerns arise, tailored support is provided to address USCIS queries and mitigate the risk of refusal.
If you have a question about the H1B visa, book a fixed-fee telephone consultation and get advice direct from one of our US immigration attorneys.
Section H: H1B Specialty Occupation FAQs
What is an H1B specialty occupation?
An H1B specialty occupation is a role that requires the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree, or its equivalent, in a specific specialty that is directly related to the job duties.
What qualifies as a specialty occupation for a H1B visa?
A role may qualify as a specialty occupation where it normally requires a bachelor’s degree or higher in a specific field, where the degree requirement is common across the industry, where the employer consistently requires such a degree, or where the duties are so specialized and complex that they are typically associated with graduate-level education.
What are specialty occupations?
Specialty occupations are typically professional or graduate-level roles that require specialized academic knowledge. These roles span many sectors, including technology, engineering, healthcare, education, finance, law, scientific research, business specializations and the arts, provided the degree-to-duties link is clearly established.
How do I prove that my job qualifies as a specialty occupation?
Evidence normally includes a detailed job description, explanation of how the duties require specialized knowledge, proof of industry norms or past hiring practices, and documentation showing that the required degree is directly related to the role. Expert opinion letters and organizational charts are sometimes used to support more complex or non-standard positions.
Can a role qualify as a H1B specialty occupation even if similar jobs do not always require a degree?
Yes, but only where the employer can show that the specific duties of the role are sufficiently specialized or complex to require a degree in a particular specialty, supported by credible evidence rather than job title alone
Who gets a specialty occupation RFE?
A Request for Evidence may be issued where USCIS is not satisfied that the job duties require a degree in a specific specialty, where the degree requirement appears overly broad, or where there is inconsistency between the job description, wage level and industry norms. Roles with generic titles or mixed duties are particularly prone to RFEs.
Is the H1B visa only for professionals?
The H1B visa is limited to specialty occupations, which are typically professional in nature. However, not every professional role qualifies. The determining factor is whether the role requires specialized academic knowledge tied to a specific degree, not whether it carries a professional job title.
What are the educational requirements for a H1B specialty occupation?
The beneficiary should hold at least a bachelor’s degree or higher in a field directly related to the role. A foreign degree may be accepted if it is equivalent to a US degree. In some cases, a combination of education, specialized training and progressively responsible experience may be used to demonstrate degree equivalency.
What documents are needed to file a H1B petition for a specialty occupation?
A H1B petition includes Form I-129 with the relevant H1B supplements, a certified Labor Condition Application, a detailed job description, evidence supporting the specialty occupation claim, proof of the beneficiary’s qualifications, and the required filing fees.
Are there annual caps on H1B specialty occupation visas?
Yes. Most H1B petitions are subject to an annual numerical cap of 65,000 visas, with an additional 20,000 available for beneficiaries holding a US master’s degree or higher. Certain employers, including higher education institutions and qualifying research organizations, are exempt from the cap.
How do recent changes to the H1B registration system affect specialty occupations?
The beneficiary-centric registration system means each worker is entered into the H1B selection process only once per fiscal year, regardless of how many employers file registrations. This increases the importance of ensuring that any registration and subsequent petition is accurate, credible and fully supportable.
Section I: Glossary
| Term | Definition |
|---|---|
| H1B Visa | A nonimmigrant visa classification that allows US employers to temporarily employ foreign workers in qualifying specialty occupations. |
| Specialty Occupation | A role requiring the theoretical and practical application of specialized knowledge and at least a bachelor’s degree or equivalent in a specific specialty directly related to the job duties. |
| USCIS | US Citizenship and Immigration Services, the federal agency responsible for adjudicating H1B petitions. |
| Labor Condition Application (LCA) | A filing certified by the US Department of Labor confirming the employer will pay the required wage and comply with labour condition requirements. |
| Prevailing Wage | The wage level determined for a specific occupation and location, which must be met or exceeded, alongside the actual wage, when employing a H1B worker. |
| Actual Wage | The wage paid by the employer to similarly employed workers with comparable experience and qualifications. |
| Equivalency Evaluation | An assessment used to determine whether a foreign degree or a combination of education and experience is equivalent to a US bachelor’s degree. |
| Request for Evidence (RFE) | A formal request issued by USCIS asking for additional information or documentation before making a decision on a petition. |
| Cap-Subject | Refers to H1B petitions that are subject to the annual numerical limit set by US immigration law. |
| Cap-Exempt | Refers to certain H1B petitions filed by qualifying employers, such as higher education institutions or research organizations, that are not subject to the annual cap. |
| Beneficiary-Centric Selection | The H1B registration system under which each foreign worker is entered once per fiscal year, regardless of how many employers submit registrations on their behalf. |
| Dual Intent | The principle allowing a H1B worker to hold temporary nonimmigrant status while also pursuing permanent residence. |
Section J: Additional resources and links
| Resource | What it covers | Link |
|---|---|---|
| USCIS H1B Specialty Occupation Guidance | Official USCIS explanation of specialty occupation requirements and eligibility standards. | https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations |
| INA §214(i) Statutory Definition | The statutory definition of a specialty occupation under US immigration law. | https://www.law.cornell.edu/uscode/text/8/1184 |
| USCIS H1B Employer Data Hub | Public data on employers that have filed H1B petitions and related filing statistics. | https://www.uscis.gov/tools/reports-and-studies/h-1b-employer-data-hub |
| H1B Registration Process | USCIS guidance on the H1B electronic registration and selection system. | https://www.uscis.gov/h-1b-registration-process |
| Department of Labor LCA Requirements | Official guidance on Labor Condition Applications, wage rules and employer obligations. | https://www.dol.gov/agencies/eta/foreign-labor/programs/h-1b |
| US Department of State H1B Visa Information | Consular processing, visa issuance and travel considerations for H1B applicants. | https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html |
