Specialty Occupation

The term "specialty occupation" refers to 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.

Specialty Occupation Letter Template

Specialty Occupation Evaluation

H-1B and E-3 petitions must include documentation that corroborates the assertion that the job is in a specialty occupation that establishes by a preponderance of the evidence that the occupation meets the statutory definition of "specialty occupation". It is not sufficient to argue that entry into the occupation requires "any" bachelor's or higher degree. The petitioner must establish that the job is in an occupation where "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." And it must also be shown that the beneficiary possesses such a degree or its equivalent.