Simply put, the purpose of the H-1B visa is to attract skilled foreign workers who can benefit US employers. To apply for this visa, a candidate must have a job offer from a US employer, who will handle the necessary paperwork. It’s important to note that the job must meet the H-1B guidelines, which require the position to be a “specialty occupation” that involves the practical and theoretical application of highly specialized knowledge. Additionally, the job must require a minimum of a bachelor’s degree (or its equivalent) in a specific specialty.

Moreover, for a job to qualify as a “specialty occupation,” it must fulfill one of the following four conditions:

1. Typically, a bachelor’s degree or its equivalent is the minimum requirement for the position.
2. The degree requirement is common in the industry for comparable positions in similar organizations, or the job is so intricate or exceptional that only an individual with a degree can perform it.
3. The employer usually mandates a degree or its equivalent for the position.
4. The specific duties of the job are so specialized and complex that a bachelor’s degree or higher is typically needed to possess the necessary knowledge to execute them.

To clarify, it is not safe to assume that a position will automatically qualify as a specialty occupation in the eyes of the US Citizenship and Immigration Services (USCIS). Even if the job title or industry may appear specialized at first glance, you will still need to provide exhaustive evidence regarding why and how the job necessitates highly specialized knowledge, what the industry’s standard requirements are, and similar details.

Regarding the foreign worker, they need to establish their eligibility to perform specialized services by fulfilling any of the following requirements:

1. Possess a U.S. bachelor’s degree from an accredited college or university, which is mandatory for the specialty occupation.
2. Hold a foreign degree equivalent to a U.S. bachelor’s degree or higher from an accredited college or university.
3. Have an unrestricted state license, registration, or certification that enables them to immediately and completely practice the specialty occupation in the relevant jurisdiction.
4. In the absence of a U.S. or foreign degree, have similar education, specialized training, and/or experience, and receive recognition of expertise in the specialty through progressively responsible positions directly associated with the specialty.

Since none of these criteria are precise, there are various methods to satisfy them, which can depend on the employer’s situation, the business’s nature, and the foreign worker’s background. This is why the customized approach of Azure Brio Associates is so crucial.