Professionals: H-1B Qualifications: The Position and The Individual

The Position

A position is considered a Specialty Occupation for H-1B purposes if it meets one of the following criteria:

1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
2. The degree requirement is common to the industry in parallel positions among similar organizations in terms of size and operations;
3. The employer normally requires a bachelor’s degree or its equivalent for the position;
4. The position and job duties are so specialized and complex that to perform these duties, attainment of baccalaureate or higher degree is generally needed.

The Individual

An individual may qualify for H-1B status if he/she:

1. Holds a U.S. baccalaureate or higher degree from an accredited college or university related to the specialty occupation
2. Holds a foreign degree determined to be equivalent to a U.S. baccalaureate or higher degree from an accredited college or university related to the specialty occupation
3. Possesses an unrestricted state license to practice in the profession
4. Possesses education, specialized training and experience that are equivalent to the completion of a U.S. baccalaureate or higher degree from an accredited college or university, and have recognition of expertise in the specialty through progressively responsible positions relating to the specialty

Individual’s Not Possessing a Baccalaureate or Higher Degree?

If an individual does not possess a baccalaureate or higher degree from an accredited college or university related to the specialty occupation, the person must show he/she possesses the equivalent through any combination of college-level education, experience and/or personal accomplishments.