Can USCIS deny if it suspects the position does not require a degree?

It is important to understand that, within the scope of the United States H-1B visa, the job position must be considered a “specialty occupation”. This means that the position needs to require, as a minimum qualification, a bachelor”s degree (or equivalent) in a specific field of knowledge for the role to be suitable for candidates holding that level of specialization.

If USCIS (United States Citizenship and Immigration Services) identifies indications that the job description could be performed without this level of education, it can indeed decide to deny the petition. This evaluation is based on the analysis of evidence provided by the company, such as detailed job descriptions, precise requirements, and the technical complexity of the work.

If this evidence is not sufficiently robust to demonstrate the necessity of the degree, the petition may be questioned. Therefore, it is essential that the submitted documentation is well-founded, showing how the nature of the role fits as a specialty occupation.

This careful preparation of documents helps avoid misunderstandings and maximizes the chances of a favorable decision. Besides strictly following the country”s immigration laws, it is recommended that applicants seek information through reliable sources and be careful not to be influenced by marketing campaigns that promise easy or guaranteed results.

Avoiding scams and seeking professional expert assistance when necessary is crucial for conducting a safe and transparent immigration process. Staying informed and complying with the legislation is always the best practice for any immigration procedure, allowing every step to be taken with caution and security.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.