How does the USCIS determine whether a job is a specialty occupation for H-1B purposes?
When determining whether a specific position is a specialty occupation, the USCIS will look into the job title, the job duties to be performed by the foreign worker, and the complexity of the business, etc. It is not enough that an employer requires bachelors degree for a specific position. Pertinent laws set some objective standards for determining whether a specific occupation requires a bachelors degree for entry into the occupation.
