H-1B Eligibility: Specialty Occupation and Degree Requirements

The H-1B is for a job that requires theoretical and practical application of specialized knowledge, and for a worker who has the matching qualifications. Both the job and the worker must meet the standard, and USCIS reviews each side.

The job: what makes an occupation “specialty”

A position qualifies when it normally requires at least a bachelor’s degree or higher in a specific specialty, or the equivalent. The degree requirement must be real and related to the duties. A job that can be done by people with many different degrees, or with no degree, is likely to be questioned. USCIS looks at the employer’s requirements, industry practice, the complexity of the duties and whether the employer normally requires such a degree.

The worker: degrees and experience

A U.S. bachelor’s degree or higher in the specialty, or a foreign degree that is equivalent.
Or a combination of education and progressive experience that is equal to the degree, which can be proven through an evaluation by a recognized expert or service.
Any required state license, if the occupation needs one.

Documents that support eligibility

Diplomas and transcripts, with a credential evaluation for foreign degrees.
Job description with duties, percentages of time and required knowledge.
Employer letter explaining why the position requires the degree.
Resume and experience letters.
Organization chart and evidence of the employer’s business.

Common reasons for requests for evidence

A generic job description or a title that sounds like a general role.
A degree that does not match the position.
Third-party worksite placement with unclear end-client details.
Wage level that does not fit the complexity of the job.
Questions about whether the employer has real work for the worker.

Fields where we see frequent H-1B filings

Software and data work, engineering, finance and accounting, health care administration and research, architecture, education and many science fields. Each field has its own wage data and documents that make the case clearer.

H-1B visas guide

How our firm helps with H-1B visas

We review the job, the degree match and the wage level before anything is filed, so the petition tells a clear specialty-occupation story.
We coordinate the registration, the labor condition application and the petition with your employer or the employer’s HR team.
We prepare the support letter, the evidence and any response to a request for evidence.
We plan transfers, extensions, amendments and the six-year clock so your status never lapses.
We map the route from H-1B to a green card early, so a backlog does not catch you by surprise.

Situations we handle

Workers not selected in the lottery who need a Plan B
Transfers and job changes with portability questions
Employers placing workers at client sites
Extensions beyond six years tied to a green card case

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with h-1b visas

Request a consultation to review your situation. Legal plan members can mention their plan when booking.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.