H-1B RFE · Specialty Occupation

USCIS says the offered H-1B position is not a specialty occupation?

A specialty occupation RFE focuses on the position itself. The response should establish what the beneficiary will actually do, why the duties require highly specialized knowledge, and why entry into the occupation requires at least a bachelor’s degree in a directly related specific specialty or its equivalent.

Start with the actual duties, not the job title.

Under the current H-1B framework, a specialty occupation requires the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree in a directly related specific specialty, or its equivalent, as a minimum for entry into the occupation.

A general degree without further specialization is not sufficient merely because the employer prefers college graduates. At the same time, a position may accept more than one qualifying degree field when each field has a logical connection to the duties.

The RFE question is about the offered position: what knowledge do the duties actually require, and what specialized academic preparation provides that knowledge?

Why USCIS may issue a specialty occupation RFE.

The duties are too generic.

Descriptions copied from occupational sources or internal job templates may not explain what the beneficiary will actually do for this petitioner.

The degree requirement appears too broad.

USCIS may question a position that accepts unrelated degree fields or a general degree without explaining the logical connection between each qualifying field and the duties.

The employer’s business does not explain the work.

The response may need to place the position within the petitioner’s actual products, services, projects, clients, technology or organizational structure.

The LCA and petition do not appear to correspond.

USCIS may compare the duties, occupational classification, wage level and other petition evidence to determine whether the certified LCA supports the position described.

Evidence should explain the particular position USCIS is adjudicating.

The response should use evidence that helps USCIS understand both the substantive duties and the specialized knowledge required to perform them.

  • A detailed duty description identifying the actual functions, responsibilities and expected work product;
  • An explanation connecting each major duty to the specialized knowledge required to perform it;
  • Evidence explaining why the qualifying degree field or fields are directly related to the duties;
  • Organizational charts and evidence showing where the position fits within the petitioner’s operations;
  • Project, product, technical, business or client documentation that corroborates the described work;
  • Evidence of the petitioner’s normal hiring requirements where relevant;
  • Reliable industry or occupational evidence addressing educational requirements for comparable work; and
  • Evidence confirming that the LCA corresponds to the position actually described in the petition.

Do not answer the RFE by arguing that the occupational title alone proves specialty occupation.

The response should move from the beneficiary’s actual duties to the specialized body of knowledge needed to perform them and then to the directly related academic preparation. Generic occupational evidence is more useful when it is tied to the specific position.

The beneficiary’s qualifications should be analyzed separately. A highly educated beneficiary does not convert a nonqualifying position into a specialty occupation.

Failure to establish the position can result in denial even if the beneficiary is fully qualified.

Specialty occupation and beneficiary qualifications are independent parts of the H-1B analysis. Evidence of an advanced degree does not cure a finding that the offered position itself does not qualify.

If USCIS denies the petition, the decision should be compared with the RFE response to determine whether the officer overlooked evidence, applied the current specialty occupation standard incorrectly, or identified an evidentiary defect that may be better addressed in a new petition.

Primary authoritiesINA §§ 101(a)(15)(H)(i)(b), 214(i); 8 C.F.R. § 214.2(h)(4); current USCIS Form I-129 instructions.

Related H-1B RFE, revocation and denial issues.

H-1B Beneficiary Qualifications RFEResponding when USCIS questions whether the worker is qualified for the specialty occupation.H-1B Degree Requirement RFEResponding when USCIS questions the connection between qualifying degree fields and the job duties.H-1B Third Party Worksite RFEResponding to bona fide position, client work and third party evidence issues.H-1B Maintenance of Status RFEResponding when an extension or amendment raises prior status and employment compliance issues.H-1B Notice of Intent to RevokeReview issues that arise when USCIS proposes revocation of an approved H-1B petition.H-1B DeniedReview options after USCIS denies an H-1B petition.