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H1B VISA – WHAT IS A SPECIALTY OCCUPATION?, Immigration Lawyer in California


Everybody my name is Jacob Sapochnick and
I’m an immigration attorney based in San Diego California. In this video, we’re gonna talk about the
H1B Visa and what is a Specialty Occupation. Very often you hear the term a Specialty Occupation
for an H1B Visa and those that are filing for this visa are often confused with what
it means and why is it so important to understand this term while applying for the H1B Visa. Well, H1B Visa is a Specialty Occupation. Specialty Occupation means that the job requires
in a minimum a bachelor degree. The employer that is hiring for the job is
often requiring people with bachelor degrees for this position. And that the position itself is common in
the industry to require a bachelor degree and filling that the job is so complex and
specialized that a degree is required. Those four elements are very very important
when filling for an H1B Visa because if we don’t meet the requirements, those four elements,
then there’s a high likelihood that the U.S. immigration are going to issue a request for
evidence and those requirements are getting very very difficult these days and once that
issued it’s almost impossible to answer those and many of them result in denials. When drafting an H1B job description, it’s
very important to keep in mind the definition of specialty occupation. And again, remember that the job requires
a bachelor degree at a minimum that this employer requires a bachelor degree for this position. It’s common in the industry to require a bachelor
degree for this position and filling that the job is so complex and unique that a bachelor
degree is required. If you keep those elements in mind, you’ll
be very successful in your H1B application because your job description will have those
elements in it and they’ll be very difficult for the Immigration Service to attack the
position and fight it and deny those cases. So it’s very important when filling for H1B
Visa to keep the specialty occupation definition in mind and craft the Job Description and
the whole entire case around this definition. I wish you success in your H1B application
this year, if you have any questions leave your comments below and make sure to subscribe
to our Channel right here. Thanks for watching and see you the next video

5 Replies to “H1B VISA – WHAT IS A SPECIALTY OCCUPATION?, Immigration Lawyer in California”

  • My question is
    When my wife receive conditional a greencard (2years) and we remove the condition on the greencard.. When we applying for citizenship does that 2 years count? Because she is eligible for nationalization after 3 years

  • It means you aren’t going to steal an Americans job or inhibit an Americans opportunity to get a job. Unfortunately U.S. companies have abused the h-1b visa as well as student visas to hire cheaper foreigners thus laying off American I.T. workers and denying opportunities to Americans just graduating from college and keeping I.T. wages stagnant for nearly 2 decades.

    And once an Indian h-1b becomes a manager he imposes his caste system in the workplace and Americans are at the bottom. H-1b should be abolished because it’s too broken to be fixed.

  • Hi I got RFE for extension and amendment for my job title change…
    They ask me to give theoretical and practical application of body of specialized knowledge
    Technical document they expecting for current project…
    What do I need to create what points it should cover?

  • Hi sir,
    Completed secondary school education only 48 years old and 20 years experiance in watchrepairing( watchmaker) but no bachelor degree .So that am i eligible for work visa in USA ?

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