The H-1B visa is a very popular temporary-employment visa. It allows foreign workers to come to the U.S.and work for a specified employer in a specific employment position for a temporary period. It may also serve as a path to getting a green card.
To qualify for H-1B status, you must have a job offer from a U.S.employer. The job must be in a “specialty occupation.” But what is a specialty occupation?
U.S. Citizenship and Immigration Services (USCIS) will decide whether your proposed job is a specialty occupation. In making this determination, USCIS will look to whether:
For certain positions, it is easy to predict that USCIS will view the position as a specialty occupation – such as physician positions, which plainly require at least a bachelor’s degree. However, USCIS's decision on many types of jobs could go either way. This article will list the more common H-1B positions, as well as some positions that are notconsidered specialty occupations and therefore do not qualify for H-1B status.
The following is a non-exhaustive list of H-1B positions. This list is mainly compiled from Administrative Appeals Office (AAO) and Board of Immigration Appeals (BIA) cases where the immigration officials found that the position qualified as a specialty occupation, making the foreign worker qualified for H-1B status. Please note that if your occupation is not on this list, that does not mean that you do not qualify for an H-1B visa. Your occupation may qualify, but to be sure it is best to consult an experienced immigration attorney.
Accepted H-1B Positions:
Bear in mind that USCIS looks at the position’s duties to determine whether it is a specialty occupation -- not the position’s title. Therefore, if your duties are similar to the duties of a position on this list -- but your job title is different -- you may still qualify for an H-1B visa.
USCIS, the AAO, or the BIA have found that the following positions were not specialty occupations and did not qualify the foreign worker for H-1B status. However, the determination of whether a position qualifies as a specialty occupation can be very fact-specific, dependent on the specific job duties and other factors. As stated above, the job title alone is not going to make the difference in USCIS's decision. Therefore, this list should be taken as simple guidance; and should not be considered the final word on this matter.