Table of Contents
What qualifies as 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.”
How do you prove Speciality occupation?
When USCIS challenges a position’s status as a “specialty occupation,” it typically does so by sending the petitioner a request for evidence (RFE) asking them to demonstrate how the position meets one of those four criteria using further documentation or the opinion of an outside organization or expert.
Is computer systems analyst a specialty occupation?
USCIS seems to have changed the interpretation of the regulatory criteria to read and substitute the word “normally” with “always”. Without any change in the law, unexpectedly, the Computer Systems Analyst position is not a specialty occupation anymore.
Is computer programmer a speciality occupation for H1B visa?
As per new Memo, USCIS states that the H1B Visa application for the job title Computer Programmer may not qualify as speciality occupation in the new memo: [Paraphrasing] Also, USCIS stated that this is not new policy and they are asking all USCIS employees to follow what was followed by NSC service center in the past.
What is the H-1B visa program?
The H-1B visa program allows companies in the United States to temporarily employ foreign workers in specialty occupations such as science and information technology. DOL also posted a press release about plans to protect American workers from Discrimination.
Do H-1B visas discriminate against US workers?
The Justice Department cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers. The warning came as the federal government began accepting employers’ H-1B visa petitions for the next fiscal year.
Why is USCIS ramping up scrutiny of H1B visa fraud and abuses?
In an another press release, USCIS said they are ramping up the scrutiny to prevent H1B Visa Fraud and abuses. Here’s 3 options listed by USCIS: Cases where USCIS cannot validate the employer’s basic business information through commercially available data;
https://www.youtube.com/watch?v=-cj9_WXXL0Q