H-1B RFE · Directly Related Degree Fields
USCIS says the H-1B degree requirement is too broad or not directly related to the duties?
The current specialty occupation definition allows a range of qualifying degree fields, but each field must be directly related to the duties. “Directly related” means there is a logical connection between the degree, or its equivalent, and the duties of the position.
More than one degree field can qualify, but unrelated degrees do not become acceptable simply because they are listed together.
A position is not disqualified merely because an employer accepts several academic specialties. The important question is whether each accepted specialty provides the body of specialized knowledge needed to perform the actual duties.
An RFE often arises when the petition lists a broad series of degrees without explaining their relationship to the job, or when it states that any bachelor’s degree is sufficient.
Common degree requirement RFE concerns.
The petition accepts a general degree.
A general degree without further specialization may not establish the specialized academic preparation required for a specialty occupation.
The listed degree fields appear unrelated.
USCIS may question a requirement that lists academic fields with no apparent common body of specialized knowledge relevant to the duties.
The employer uses “or related field” without explanation.
The response should explain what related fields qualify and why they have a logical connection to the offered duties.
The degree requirement and actual hiring evidence differ.
Job advertisements, prior hiring records, organizational documents or other evidence may suggest a broader or different requirement than the petition states.
Explain the relationship between curriculum and duties rather than relying on degree names.
A strong response can show the common specialized knowledge shared by the qualifying fields and how that knowledge is used in the position.
- A detailed breakdown of the major job duties and the specialized knowledge each requires;
- An explanation of the academic subjects or competencies supplied by each qualifying degree field;
- Representative university curricula or course descriptions where useful;
- Expert analysis explaining the logical connection between the accepted academic specialties and the duties;
- Evidence of the employer’s actual degree requirements for comparable positions where relevant;
- Industry evidence showing the academic preparation normally associated with similar work;
- Organizational or project evidence corroborating the technical or specialized nature of the duties; and
- A clear distinction between acceptable related specialties and an impermissibly general degree requirement.
Avoid treating “related field” as self explanatory.
If the petition accepts several specialties, the response should identify why each one is related. A coherent explanation of shared specialized coursework can be stronger than simply listing additional degree titles.
The focus should remain on the duties of the offered position. The beneficiary’s personal degree may illustrate the issue, but the specialty occupation definition concerns the minimum educational preparation required for entry into the occupation.
An overly broad degree requirement can undermine the specialty occupation finding.
If USCIS concludes that the position can be performed with a general or unrelated degree, the petition may be denied even when the beneficiary happens to possess a highly specialized degree.
The response should therefore resolve both the legal standard and the factual evidence concerning what academic preparation the job actually requires.