A “specialty occupation” qualifying for an H-1B classification is one that normally requires the “theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent.” Occupations in this category include software engineers, systems analysts, computer programmers, other computer professionals, engineers, architects, teachers, accountants, researchers, scientists, etc.

In recent times, a majority of H-1Bs were issued to jobs in the field of information technology industry.

We have instances where, after the Petition is filed, the USCIS comes back with a Request for Evidence (RFE) asking the employer to prove that the job qualifies for H-1B visa, i.e., it is a “specialty occupation.” This can be done by giving evidence of one (or more) of the following:

• A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that the particular position is so complex or unique that it can be performed only by an individual with a baccalaureate degree;

• The employer normally requires a baccalaureate degree or its equivalent for the position; or

• The specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
  

The above should be supported by extensive documentation.

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