Understanding H-1B Specialty Occupation Standards

H-1B STEM petition success hinges on proving specialty occupation status. The position must require theoretical and practical application of highly specialized knowledge. Attaining a bachelor or higher degree in the specific specialty must be minimum entry requirement into the occupation in the United States.

H-1B specialty occupation requirements use four alternative criteria established by USCIS. Meeting any one criterion establishes specialty occupation status. First, bachelor degree in specific specialty is normal minimum entry requirement for the position. Second, the requirement is common to the industry in parallel positions among similar organizations. Third, the employer normally requires the degree for the position. Fourth, the duties are so specialized and complex that knowledge required is usually associated with bachelor or higher degree.

STEM H-1B documentation must clearly articulate which criterion applies and provide supporting evidence. Don't rely on generic job descriptions. Provide detailed duty breakdowns showing specialized knowledge application. Explain why tasks require degree-level expertise rather than general knowledge or on-the-job training.

September 2025 brought major changes. New H-1B petitions filed after September 21, 2025 require $100,000 additional payment for beneficiaries outside the US unless qualifying for national interest exceptions. This fundamentally changed petition economics for many employers.

Beyond Border helps employers navigate 2025 H-1B requirements including fee assessments, exemption evaluations, and specialty occupation documentation strategies.

Labor Condition Application Preparation

H-1B Labor Condition Application certification precedes petition filing. Employers submit Form ETA-9035 to Department of Labor attesting to four conditions. First, paying H-1B worker the greater of actual wage paid to similarly employed workers or prevailing wage for the occupation in the geographic area.

Second attestation confirms working conditions won't adversely affect US workers similarly employed. Third attests no applicable strike or lockout exists. Fourth confirms notice of LCA filing provided to bargaining representative or posted at employment location.

Determining prevailing wage requires care. Use Department of Labor's Foreign Labor Certification Data Center wage library or request prevailing wage determination. The wage level (I-IV) depends on job requirements, experience needed, supervision received, and judgment exercised. Most H-1B positions fall in Level II or Level III.

H-1B bachelor degree requirement links directly to wage level determination. Level I positions require basic understanding and limited experience. Level II requires moderate understanding. Level III requires sound understanding and ability to function with limited supervision. Level IV requires advanced expertise and authority over significant functions.

LCA approval takes 7-10 business days typically. USCIS requires certified LCA before accepting Form I-129 petitions. LCA validity lasts three years. Employers must maintain public access files with LCA documentation, wage data, and attestation supporting evidence.

Beyond Border assists with LCA preparation, prevailing wage determinations, and maintaining compliant public access files throughout H-1B employment.

Beneficiary Qualification Documentation

Proving beneficiary meets H-1B degree equivalency proof requirements demands careful documentation. US bachelor degree or foreign equivalent in specialty field forms the foundation. Submit official transcripts, diplomas, and degree certificates.

Foreign degrees require credential evaluation from qualified evaluators. Submit evaluations from NACES or AICE member organizations. Evaluations must conclude foreign degree equals US bachelor degree in specific specialty. General equivalency statements don't suffice. The evaluation must specify degree specialty matches position requirements.

Alternative qualification through H-1B bachelor degree requirement combinations works when beneficiaries lack four-year degrees. Three years specialized training plus experience equals one year college. Progressive experience in specialty counts. Provide detailed employment letters describing duties, dates, specialized knowledge gained, and progressive responsibility.

Professional licenses strengthen STEM H-1B documentation packages. Engineering licenses, architecture registrations, CPA certifications, or other specialized credentials demonstrate qualification. Include license certificates, continuing education records, and examination results.

Resume formatting matters. Organize chronologically showing clear progression. Detail accomplishments, technologies mastered, projects completed, and skills developed. Avoid generic descriptions. Quantify achievements where possible. Show depth of knowledge in specialty area.

Beyond Border evaluates beneficiary credentials, coordinates credential evaluations, and compiles compelling qualification evidence packages.

Specialty Occupation Evidence Strategy

Strong H-1B specialty occupation requirements documentation requires multiple evidence types. Industry documentation includes published standards, professional association guidelines, or government occupational databases showing degree requirements. Bureau of Labor Statistics Occupational Outlook Handbook provides excellent support for many positions.

Advisory opinion letters from industry experts bolster petitions. Find recognized authorities in the field willing to opine that positions like the proffered one normally require bachelor degrees. Letters should discuss industry standards, technical complexity, and specialized knowledge needed.

Employer-specific evidence matters when using criterion three claiming employer normally requires degree. Provide organizational charts, personnel files, job postings, and employment records showing incumbent position holders possess required degrees. New positions need extra justification explaining why degree requirement makes business sense.

Position complexity documentation proves criterion four. Provide detailed job descriptions, project documentation, technical specifications, or workflow diagrams showing specialized nature of duties. Expert letters explaining why tasks require degree-level training strengthen arguments.

H-1B petition evidence checklist should include Form I-129 with H Classification Supplement, certified LCA, degree evidence, employer support letter, organizational documentation, financial evidence, and specialty occupation proof. Premium processing adds $2,805 for 15-day adjudication.

Beyond Border develops comprehensive evidence strategies addressing strongest specialty occupation criteria for your specific position and industry.

Navigating 2025 Fee Requirements

September 2025's $100,000 fee dramatically changed H-1B STEM petition economics. The fee applies to new H-1B petitions for beneficiaries outside the US filed after September 21, 2025. Extensions, amendments, and changes of status for persons already in the US initially avoid the fee though later departures may trigger requirements.

National interest exceptions exist. USCIS may waive fees when Secretary of Homeland Security determines the worker's presence serves national interest, no American worker is available, worker poses no threat, and requiring payment would significantly undermine US interests. This extremely high threshold rarely applies.

Cap-exempt employers including universities, nonprofit research organizations, and government research entities avoid many H-1B restrictions. These positions don't count against annual caps and may qualify for different fee structures. If your research or educational institution qualifies as cap-exempt, confirm your exempt status through USCIS guidance.

H-1B Labor Condition Application requirements and petition filing standards remain consistent regardless of fee obligations. All petitions need certified LCAs, specialty occupation proof, and beneficiary qualification evidence. The fee represents an additional payment beyond standard USCIS filing fees.

Strategic planning around the fee includes timing considerations for status changes versus new petitions, evaluating cap-exempt positions, or considering alternative visa categories like O-1 or L-1 not subject to these restrictions.

Beyond Border provides fee analysis, exemption evaluations, and strategic guidance on H-1B petitions under 2025 regulations.‍

Frequently Asked Questions

What qualifies as a specialty occupation for H-1B? Specialty occupations require theoretical and practical application of highly specialized knowledge with bachelor degree or higher in the specific specialty as minimum entry requirement into the occupation.

How do I prove my foreign degree equals a US bachelor degree? Foreign degrees require credential evaluation from NACES or AICE member organizations concluding the degree equals US bachelor degree in the specialty field matching position requirements.

When does the $100,000 H-1B fee apply? The $100,000 fee applies to new H-1B petitions filed after September 21, 2025 for beneficiaries outside the US who don't have valid H-1B visas, with limited national interest exceptions.

Can experience substitute for a bachelor degree on H-1B? Yes, three years progressive specialized training and experience in the specialty can equal one year college education, allowing qualification with relevant work history even without four-year degrees.

How long does Labor Condition Application approval take? Labor Condition Applications typically receive Department of Labor certification within 7-10 business days after submission through the iCERT system.