Who determines whether my position qualifies as a specialty occupation for H-1B?

The final word belongs to USCIS, the U.S. immigration service. Under the H-1B, the position must qualify as a specialty occupation, meaning a role that requires specialized knowledge, generally tied to a higher-education degree in the specific field. It is the government, not the employer, that decides whether the position fits that definition.

The employer plays an important but supporting role: it is responsible for gathering and submitting the documentation that demonstrates the position genuinely demands that level of qualification. Even with a strong case, however, the decision on whether to classify the role as a specialty occupation always rests with the immigration authority.

In its review, USCIS typically considers factors such as the complexity of the duties, the relationship between the required degree and the job functions, and industry practice for similar positions. It is a case-by-case evaluation based on the full record presented in the petition.

Because the criteria are detailed and can be interpreted in different ways, it is worth checking the current requirements on the official USCIS website and, if needed, working with a qualified professional to build a well-supported case.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.