In order to secure an H-1B visa, the position must meet one of the following criteria to qualify as a specialty occupation:
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s degree or higher.
If the individual has a Bachelor’s degree from a foreign university, the degree must be evaluated to be equivalent to a U.S. Bachelor’s degree as awarded by an accredited institution of higher education in the United States.
To accept a job offer in a specialty occupation, the foreign national must meet one of the following criteria:
- Have completed a bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university in the U.S.
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s degree or higher in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes the person to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of a bachelor’s degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty
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