Is a bachelor’s degree a specialty occupation? What is specialty occupation? Is AAO a specialty occupation? H-1B Specialty Occupations. A specialty occupation requires highly specialized knowledge and skills and a bachelor’s degree or foreign equivalent in a specific field of study.
It is assumed throughout this article that the beneficiary has a minim. See full list on porter-law. The regulations at CFR §214. A) set forth four factors that can be used to prove that an employer is hiri. The federal immigration rules and regulations are complex.
SPECIALTY OCCUPATION – SAMPLE RFE COPY ISSUED BY USCIS. But what is a specialty occupation? Recently, USCIS denied QA-Analyst position for Specialty Occupation as the job description required anyone with bachelor or higher degree. 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. To establish that a job qualifies as a specialty occupation under USCIS regulations, one or more of the following criteria must be met: 1. The nature of the specific duties is so specialized and complex that the knowledge required to perform.
USCIS is reviewing petitions in much more detail, and the “ specialty occupation ” requirement is a growing hurdle to getting an H-1B. Immigration processing in general has become much more challenging. In other words, once we show that one of the criterion is met, we don’t automatically win the case. USCIS conducts an additional analysis with higher and more subjective standards. Similarly, the definition of “related field” is becoming more narrow.
For example, a “financial manager” might be hired based on a degree in finance, accounting, economics, or business administration. That might still work. The Labor Condition Application (described below) 5. Evidence of the specialty occupation and the applicant’s eligibility.
The Department of Labor requires the filing of a “Labor Condition Application” (LCA) before the petition may be filed. Basically, the rules require the employer to “attest” that the worker will be paid the higher of the actual or prevailing wages, and will not adversely affect other workers. This requires filling out USCIS Form I-5and providing other documentation for each family member.
H-visa holders may study in the U. Some H-family members may be eligible for an employment-authorization document (EAD) if certain conditions are met: 1. For more information on this benefit, please speak to your attorney. You can also find more information on the USCIS website. Thus, if an alien pays these fees, the DOL takes the position that this should be subtracted from the rate of pay in determining proper employer compliance with the wage rate attestation. If such a deduction causes the wage received to be less than the actual wage or the prevailing wage, the employer may be liable to penalties under CFR 655. Unfortunately, over the last several years, the USCIS has been interpreting specialty occupation more and more narrowly.
Each of the MOS requires advanced individual training and specialization. Army jobs can be divided into two basic categories: those that participate in combat missions and those that support the soldiers who are in combat roles. Life, Physical, and Social Science Occupations. Community and Social Service Occupations. Educational Instruction and Library Occupations.
Arts, Design, Entertainment, Sports, and Media Occupations.