H1B RFE: Specialty Occupation
Specialty Occupation
You must establish that the beneficiary’s proffered position is a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
its equivalent, as a minimum for entry into the occupation in the United States.
To satisfy this requirement, you submitted:
- A description of the beneficiary’s duties; and
- A certified Labor Condition Application (LCA).
Qualifying Criteria: To qualify as a specialty occupation, the position must meet at least one of the following criteria.
- A bachelor’s 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 its particular position 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; or
- The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
USCIS will discuss each of the qualifying criteria for specialty occupation below. With your response, identify which of the specialty occupation qualifying criteria you believe has been satisfied. If you believe the offered position satisfies multiple criteria, identify the evidence that you believe satisfies each criterion.
1. Degree is Normally Minimum Requirement
You may establish eligibility by showing that a bachelor’s degree or higher in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position. You did not submit any evidence for this criterion. Thus, you have not established eligibility under this criterion. You provided information from the U.S. Department of Labor’s ONET website. ONET provides only general information about the tasks and work activities associated with a particular occupation. ONET is not designed to assess the specialty occupation status of either occupations or particular positions within them. Rather, ONET and its Job Zone and Specific Vocational Preparation (SVP) ratings are meant to indicate only the total number of years of vocational preparation required for a particular position. ONET does not describe how those years are to be divided among training, formal education and experience. In addition, ONET makes no references to a degree requirement in a specific field of study. As such, you have not sufficiently established that a bachelor’s degree or higher in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position. You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
- Relevant documentation from an informative career resource, such as the Department of Labor’s Occupational Outlook Handbook (OOH), which describes the duties, work environment, education, training, skills, and other qualification requirements for the occupation. Include a statement describing how the particular position relates to the occupation listed in the career guide and how the information in the career guide demonstrates that a bachelor’s or higher degree in a specific specialty or its equivalent is normally the minimum requirement for the particular position.
- Any evidence you believe will establish that a bachelor’s or higher degree or its equivalent is normally the minimum requirement for entry into the particular position.
2.a. Degree Common to the Industry
You may establish eligibility by showing that the degree requirement of a bachelor’s degree or higher in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar organizations.
You did not submit any evidence for this criterion. Thus, you have not established eligibility under this criterion.
You may still submit evidence to establish eligibility under \hi\s criterion. Evidence may include, but is not limited to:
Job postings or advertisements showing a degree requirement of a bachelor’s degree or higher in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar organizations. Any job postings or advertisements should be supported by documentation of the following:
- The date and source of the job posting or announcement;
- A detailed description of the duties of the position and the educational, training, and experience requirements of the position;
- The company or firm offering the position in these job postings or announcements is within your industry and is similar to your organization; and
- The job postings or advertisements represent the industry standards for the position.
Letters from an industry-related professional association indicating that similar organizations routinely employ and recruit only individuals with a bachelor’s degree or higher in a specific specialty, or its equivalent for parallel positions.
Copies of letters or affidavits from firms or individuals in the industry attesting that similar organizations routinely employ and recruit only individuals with a bachelor’s degree or higher in a specific specialty, or its equivalent for parallel positions. Any letter or affidavit should be supported by documentation of the following:
- The writer’s qualifications as an expert;
- How the writer’s conclusions were reached; and
- The basis for the writer’s conclusions, supported by copies or citations of any materials used.
2.b. Position So Complex or Unique
You may establish eligibility by showing that the particular position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent.
You did not submit any evidence for this criterion. Thus, you have not established eligibility under this criterion.
As evidence that the proffered position is so complex or unique that it can only be performed by an individual with a bachelor’s or higher degree in a specific specialty, or its equivalent, you submitted a description of the job duties for the beneficiary’s proffered position.
In your letter of support that the beneficiary will be designing "intuitive and engaging user interfaces for digital products". You cited many of the different stages of the design processes and indicate you are "in immediate need of a UX Designer who can harness UX Designering principles to innovate and improve our Web 3.0 applications." An attachment for what appears to be a login page for "welcome to cruise" was included and "Product - AtomeOcean" described as an internet forum for job seekers. However, this platform already appears to have been developed. You provided no specific details of how the beneficiary will contribute to this project. Further a Form 941 for 2024: Employer's QUARTERLY Federal Tax Return, Quarter 1, which indicates you have 0 number of employees who received wages, tips, or other compensation for the pay period. Therefore, the job duties, as described, do not appear to be of such complexity or uniqueness as to require the attainment of a bachelor’s degree or higher degree in a specific specialty, or its equivalent. The evidence of record does not establish that the proffered position is significantly different from other positions within the occupational category of a Web and Digital Interface Designer.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
- Letters from an industry-related professional association indicating that the position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent.
- Copies of letters or affidavits from firms or individuals in the industry attesting that the position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent. Any letter or affidavit should be supported by documentation of the following:
- The writer’s qualifications as an expert;
- The writer’s knowledge of your business;
- How the writer’s conclusions were reached; and
- The basis for the writer’s conclusions, supported by copies or citations of any materials used.
- Copies of trade publications or other articles within your industry which demonstrate and highlight the specific complex or unique functions of the position, which can only be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent.
3. Employer Normally Requires Degree or its Equivalent
You may establish eligibility by showing that you normally require a bachelor’s degree or higher in a specific specialty, or its equivalent, for the position.
You did not submit any evidence for this criterion. Thus, you have not established eligibility under this criterion.
While you claim that the offered position requires a degree, your opinion alone cannot establish the position as a specialty occupation. The critical element is not the title of the position or an employer’s self-imposed standards, but whether the position actually requires the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty, as the minimum for entry into the occupation as required by the Act.
If USCIS was limited solely to reviewing a petitioner’s self-imposed requirements, then any individual with a bachelor’s degree could be brought to the United States to perform any occupation as long as the employer required the individual to have a bachelor’s or higher degree.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
An organizational chart showing your hierarchy and staffing levels with corresponding educational and experience requirements for the positions. The educational requirements should include the field of study (e.g. computer science) in addition to the educational level (e.g. bachelor’s degree).
Copies of present and past job postings or announcements for the proffered position showing that you require applicants to have a minimum of a bachelor’s or higher degree in a specific specialty or its equivalent.
Documentary evidence of your past employment practices for the position, including:
- Documentation which lists the number of employees hired in the most recent two years for the position;
- Copies of employment or pay records identifying past and present employees in this position;
- Copies of degrees and/or transcripts to verify the level of education and field of study of each individual hired for this position in the last two years. Additionally, provide evidence to establish the duties that the individuals performed, such as official position descriptions, job offer letters, job postings, or performance reviews; and
- An organizational chart or diagram, showing your organizational structure and staffing levels.
Documentation that lists the educational, experience, training, and skills requirements of the offered position, such as official position descriptions, job offer letters, or job postings.
4. Nature of Duties So Specialized and Complex
You may establish eligibility by demonstrating that the nature of the specific duties of the offered position are so specialized and complex that the knowledge required to perform these duties is usually associated with the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent.
You did not submit any evidence for this criterion. Thus, you have not established eligibility under this criterion.
The job duties, as described, do not appear to be of such specialization or complexity as to require at least the attainment of a bachelor's degree in a specific specialty, or its equivalent. You have not sufficiently detailed how the duties of the proffered position are more specialized and complex as compared to the duties normally associated with a Web and Digital Interface Designer.
As discussed above, you have not established how each of the qualifying fields of study that you have listed for the proffered position is directly related to the duties and responsibilities of the position (stated another way, the body of highly specialized knowledge required to perform the job). Accordingly, it is not apparent that the nature of the specific duties of the offered position are so specialized and complex that the knowledge required to perform these duties is usually associated with the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, based on your own educational requirements.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
An explanation of the specific duties, as they relate to your products and services, and how the nature of those duties of the offered position are so specialized and complex, that they are usually associated with the attainment of a bachelor’s degree or higher in a specific field of study; provide an explanation of what differentiates your products and services from other employers in the same industry. Be specific and provide documentation to support any explanation of specialization and complexity.
Copies of letters or affidavits from firms, individuals, professional associations, or customers attesting that the nature of your products and services are so specialized and complex that a bachelor’s level of education, or higher, in a specific field of study is a prerequisite for entry into the offered position. Any letter or affidavit should be supported by documentation of the following:
- The writer’s qualifications as an expert;
- How the writer’s conclusions were reached; and
- The basis for the writer’s conclusions, supported by copies or citations of any materials used.
Copies of trade publications or other articles about your company that highlights the nature of your products and services and demonstrates that the specific duties of the offered position are so specialized and complex that a bachelor’s level of education, or higher, in a specific field of study is a prerequisite for entry into the position.
