Statement of Specialty Occupation

On Department Letterhead:

[Date]
H-1B Temporary Worker Petition for [Applicant’s full name]

To the USCIS Adjudicating Officer:

This petition is for a (job title) position, which qualifies as a specialty occupation. It requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate or higher degree in a specific occupational specialty.

In this case, the minimum degree required is a XXX degree (e.g. Ph.D., Master's, Bachelor's, etc.) in (List Two Field of Study, one of which must be the field listed on applicant's diploma/transcripts) or a related field. This position requires (# ) years of related experience.

For Postdoctoral Fellow Research Associate and Faculty positions only: Include a Brief Job Description here (this document will serve as the main job description we send to USCIS, so be sure to adequately explain the job requirements).

Sincerely,

[Name, Title of Appropriate Departmental Official]
[Department name]
[Name of School or College]

For purposes of section 101(a)(15)(H)(i)(b), 101(a)(15)(E)(iii), and paragraph (2), the term "specialty occupation" means 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. The statutory definition requires not only at least a bachelor's degree, but a bachelor's degree "in the specific specialty." USCIS now seeks a near exact match between job offer title, duties, and candidate’s degree, only accepting alternative degrees ratified by the Department of Labor’s Occupational Outlook Handbook. USCIS has been denying H-1B Petitions where the industry and employers accept a wide range of ostensibly “disparate” degrees as prerequisites for entry into the position – on the basis that a position cannot be considered a “specialty occupation” where the employer does not require a specific enough specialty.

International Student
and Scholar Services

Statement of Specialty Occupation

Go back to Faculty, Staff and Researchers More in Specialty Occupation Evaluation

International Studentand Scholar Services

Go back to Faculty, Staff and ResearchersMore in Specialty Occupation Evaluation

International Student
and Scholar Services

Go back to Faculty, Staff and Researchers More in Specialty Occupation Evaluation