Specialty Occupation
You must establish that the beneficiary’s proffered position is a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
To satisfy this requirement, you submitted:
e A letter of support for your petition;
e A formal position description for your offered position of Java Developer;
e An expert position evaluation from Dr. Subarna Samanta, Professor at The College of New Jersey, dated March 26, 2019; and
e A certified Labor Condition Application (LCA) with an Occupation Title of Software Developers, Applications.
Specialty Occupation Determination
You must establish that the proffered position is a specialty occupation as defined above. USCIS interprets "a bachelor’s degree or higher in a specific specialty” as used above as “one that relates directly to the duties and responsibilities of a particular position.” See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007).
You have not consistently identified the minimum educational requirements for the proffered position. For instance, you state in your letter of support that the skills for a Java Developer "can be acquired through the successful pursuit of at least a Bachelor’s degree in Computer Science, Computer Information Systems, a relevant field of Engineering, or the equivalent in education and experience’.
On page | of your formal position description, you indicate the position of Java Developer requires “at least a bachelor’s degree in Computer Science, Computer Applications, or education/experience equivalent of a degree in the relevant field.” On page 2 of the position description, you indicate a “Bachelor’s degree in Engineering or a related IT field” is required.
You submitted an expert position evaluation from Dr. Samanta specifically evaluating your offered position. In his/her evaluation, a number of websites were cited, such as the U.S. Department of Labor’s Occupational Outlook Handbook (OOH), O*NET Online, careerbuilder.com, and other online job announcements supporting the evaluation, but none of them were included as evidence.
Dr. Samanta opines a number of undergraduate degrees may qualify an individual for your offered position, in which he/she concludes the position “requires the services of person [sic] with advanced training through an undergraduate programs [sic] in Computer Science/Information Technology/ Engineering (any) or directly related fields or graduate programs with experience in the offered positions.” In addition, Dr. Samanta also cites Applied Mathematics and the Physical Sciences as qualifying fields of study in the body of his/her evaluation, but excludes these fields of study in his/her conclusion statement.
The minimum entry requirements indicated for the proffered position are a wide variety of disparate fields of study, as the offered position requires a bachelor’s degree in Computer Science, Information Systems, Computer Applications, any IT related field, any Engineering field, and perhaps Applied Mathematics and the Physical Sciences. However, there must be a close correlation between the required “body of highly specialized knowledge” and the position. A minimum entry requirement of a bachelor’s degree in disparate fields of study, would not meet the requirement that the position requires a degree “in the specific specialty (or its equivalent)” unless you establish how each field is directly related to the duties and responsibilities of the particular position.
The evidence you submitted is insufficient to establish how each field is directly related to the duties and responsibilities of the particular position, and therefore, that the position is a specialty occupation.
You indicate that one of the minimum entry requirements for the proffered position is a degree in any Engineering without further specialization or explanation. You have not explained how this generalized field is a “body of highly specialized knowledge” that is directly related to the duties and responsibilities of the proffered position and/or how each of the fields of study under this generalized heading would relate to the duties and responsibilities of the proffered position.
It is not apparent from these inconsistent statements, what the actual educational requirements are for your offered position of Java Developer. When there are inconsistencies in the record, it is the responsibility of the petitioner to resolve any such inconsistencies by using independent, objective evidence.
Accordingly, on the basis of the position’s educational requirements alone, you have not established that the position is in a specialty occupation as defined above.
You may still provide evidence to meet this requirement. Evidence may include, but is not limited to:
e A letter explaining how each field of study listed as a qualifying field for the proffered position is directly related to the duties and responsibilities of the position.
e An expert opinion letter discussing how each field of study listed as a qualifying field for the proffered position is directly related to the duties and responsibilities of the position.
Qualifying Criteria To qualify as a specialty occupation, the position must meet at least one of the following criteria.
USCIS will discuss each of the qualifying criteria for specialty occupation below. With your response, identify which of the specialty occupation qualifying criteria you believe has been satisfied. If you believe the offered position satisfies multiple criteria, identify the evidence that you believe satisfies each criterion.
- Degree is Normally Minimum Requirement
You may establish eligibility by showing that a bachelor’s degree or higher in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position.
The evidence you submitted is insufficient to establish eligibility under this criterion. You submitted a certified Labor Condition Application (LCA) which lists an Occupation Title of software developers, applications.
USCIS routinely consults the OOH for information about the educational requirements of particular occupations. The OOH states the following regarding the training and educational requirements for software developer positions:
“Software developers usually have a bachelor’s degree, typically in computer science, software engineering, or a related field.”
The OOH language indicates that these are the minimum entry requirements for this occupation generally; however, you state that your particular position requires a bachelor’s degree, or the equivalent, in Computer Science, Information Systems, Computer Applications, any IT related field, any Engineering field, and perhaps Applied Mathematics and the Physical Sciences. The degree requirements for your position are substantively different from those listed in the OOH. Accordingly, you have not established how the OOH listing for software developers relates to your particular position or demonstrates that a bachelor’s degree in a specific specialty is normally the minimum requirement for entry into your particular position.
Moreover, as discussed above, you have not established how each of the qualifying fields of study that you have listed for the proffered position is directly related to the duties and responsibilities of the position. Therefore, you have not established that a bachelor’s degree or higher in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position by your own educational requirements.
As such, you have not sufficiently established that a bachelor’s degree or higher in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
e Relevant documentation from an authoritative career resource, such as the OOH, which list the duties, work environment, education, training, skills, and other qualification requirements for the occupation. Include a statement describing how the particular position relates to the occupation listed in the career guide and how the information in the career guide demonstrates that a bachelor’s or higher degree in a specific specialty or its equivalent is normally the minimum requirement for the particular position.
e Any evidence you believe will establish that a bachelor’s or higher degree or its equivalent is normally the minimum requirement for entry into the particular position.
2.1 Degree Common to the Industry You may establish eligibility by showing that the degree requirement of a bachelor’s degree or higher
in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar organizations. You did not submit any evidence for this criterion.
Moreover, as discussed above, you have not established how each of the qualifying fields of study that you have listed for the proffered position is directly related to the duties and responsibilities of the position. Accordingly, it is not apparent how a bachelor’s degree or higher in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar organizations, if it is not the requirement of your own position.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
e Job postings or advertisements showing a degree requirement of a bachelor’s degree or higher in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar organizations. Any job postings or advertisements should be supported by documentation of the following:
e The date and source of the job posting or announcement;
e A detailed description of the duties of the position and the educational, training, and experience requirements of the position;
e The company or firm offering the position in these job postings or announcements is within your industry and is similar to your organization; and
e The job postings or advertisements represent the industry standards for the position.
e Letters from an industry-related professional association indicating that similar organizations routinely employ and recruit only individuals with a bachelor’s degree or higher in a specific specialty, or its equivalent for parallel positions.
e Copies of letters or affidavits from firms or individuals in the industry attesting that similar organizations routinely employ and recruit only individuals with a bachelor’s degree or higher in a specific specialty, or its equivalent for parallel positions. Any letter or affidavit should be supported by documentation of the following:
e The writer’s qualifications as an expert;
e How the writer’s conclusions were reached; and
e The basis for the writer’s conclusions, supported by copies or citations of any materials used.
2.2 Position So Complex or Unique
You may establish eligibility by showing that the particular position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent.
The evidence you submitted is insufficient to establish eligibility under this criterion. As evidence that the proffered position is so complex or unique that it can only be performed by an individual with a degree in a specific specialty, you submitted a description of the job duties for the position of Java Developer. However, the job duties, as described, do not appear to be of such complexity or uniqueness as to require the attainment of a bachelor’s degree in a specific specialty that consisted of the theoretical and practical application of a body of highly specialized knowledge. The evidence of record does not establish that the proffered position is significantly different from other positions within the occupational category of software developers. Further, you have not provided evidence, such as industry publications or letters, which highlight the complex and unique nature of your products or services for which the beneficiary will be engaged while in H-1B nonimmigrant status.
The expert position evaluation acknowledges a wide variety of degrees may qualify a candidate for your offered position, including an otherwise undifferentiated degree in Engineering.
Moreover, as discussed above, you have not established how each of the qualifying fields of study that you have listed for the proffered position is directly related to the duties and responsibilities of the position. Accordingly, it is not apparent that the particular position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent, based on your own educational requirements.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
e Letters from an industry-related professional association indicating that the particular position ’ is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent.
e Copies of letters or affidavits from firms or individuals in the industry attesting that the particular position is so complex or unique that it can be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent. Any letter or affidavit should be supported by documentation of the following:
e The writer’s qualifications as an expert;
e The writer’s knowledge of your business;
e How the writer’s conclusions were reached; and
e The basis for the writer’s conclusions, supported by copies or citations of any materials used.
e Copies of trade publications or other articles within your industry which demonstrate and highlight the specific complex or unique functions of the particular position, which can only be performed only by an individual with a bachelor’s degree or higher in a specific specialty, or its equivalent.
Employer Normally Requires Degree or its Equivalent
You may establish eligibility by showing that you normally require a bachelor’s degree or higher in a specific specialty, or its equivalent, for the position. You did not submit any evidence for this criterion.
Moreover, as discussed above, you have not established how each of the qualifying fields of study that you have listed for the proffered position is directly related to the duties and responsibilities of the position. Accordingly, you have not established that you normally require a bachelor’s degree or higher in a specific specialty, or its equivalent, based on your own educational requirements.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
e An organizational chart showing your hierarchy and staffing levels with corresponding educational and experience requirements for the positions. The educational requirements should include the field of study (e.g. computer science) in addition to the educational level (e.g. bachelor’s degree).
e Copies of present and past job postings or announcements for the proffered position showing that you require or, if the beneficiary will perform services for an end-client, the end-client requires applicants to have a minimum of a bachelor’s or higher degree in a specific specialty or its equivalent.
e Documentary evidence of your past employment practices for the position, including:
e Documentation which lists the number of employees hired in the most recent two years for the position;
Copies of employment or pay records identifying past and present employees in this position; and
e Copies of degrees and/or transcripts to verify the level of education and field of study of each individual hired for this position in the last two years. Additionally, provide evidence to establish the duties that the individuals performed, such as official position descriptions, job offer letters, job postings, or performance reviews.
e Documentation which lists the educational, experience, training, and skills requirements of the offered position, such as official position descriptions, job offer letters, or job postings.
Nature of Specific Duties So Specialized and Complex
You may establish eligibility by demonstrating that the nature of the specific duties of the offered position are so specialized and complex that the knowledge required to perform these duties is usually associated with the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent.
The evidence you submitted is insufficient to establish eligibility under this criterion. The job duties, as described, do not appear to be of such specialization or complexity as to require the attainment of a bachelor’s degree in a specific specialty that consisted of theoretical and practical application of a body of highly specialized knowledge. You have not sufficiently detailed how the duties of the proffered position are more specialized and complex as compared to the duties normally associated with the software developers occupation. Further, you have not provided evidence such as industry publications or letters, which highlight the specialized and complex nature of your products or services for which the beneficiary will be engaged while in H-1B nonimmigrant status.
Moreover, as discussed above, you have not established how each of the qualifying fields of study that you have listed for the proffered position is directly related to the duties and responsibilities of the position. Accordingly, it is not apparent that the nature of the specific duties of the offered position are so specialized and complex that the knowledge required to perform these duties is usually associated with the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, based on your own educational requirements.
You may still submit evidence to establish eligibility under this criterion. Evidence may include, but is not limited to:
e An explanation of the specific duties, as they relate to your products and services, and how the nature of those duties of the offered position are so specialized and complex, that they are usually associated with the attainment of a bachelor’s degree or higher in a specific specialty; provide an explanation of what differentiates your products and services from other employers in the same industry. Be specific and provide documentation to support any explanation of specialization and complexity.
e Copies of letters or affidavits from firms, individuals, professional associations, or customers attesting that the nature of your products and services are so specialized and complex that a bachelor’s level of education, or higher, in a specific specialty is a prerequisite for entry into the offered position. Any letter or affidavit should be supported by documentation of the following:
e The writer’s qualifications as an expert;
e How the writer’s conclusions were reached; and
e The basis for the writer’s conclusions, supported by copies or citations of any materials used.
Copies of trade publications or other articles about your company that highlights the nature of your products and services and demonstrates that the specific duties of the offered position are so specialized and complex that a bachelor’s level of education, or higher, in a specific specialty is a prerequisite for entry into the position.
Specialty Occupation - Availability of Work
USCIS does not determine whether the beneficiary will perform services in a specialty occupation and whether the job offered qualifies as a specialty occupation based solely on the job title of the position. The specific duties of the proffered position combined with the nature of the petitioning entity’s business operations are factors that USCIS considers.
Based on the initial information provided, it could not be determined that the proffered position could
be considered a specialty occupation requiring at least a bachelor’s degree in a specific specialty. You have not established that there is sufficient specialty occupation work available for the requested H-1B validity period of October 1, 2019 to September 11, 2022.
As evidence of specialty occupation employment, you provided a letter of support for your petition, a Sub-Vendor Agreement between your company and XXX, and a Fieldglass work order for the beneficiary’s services at XXX. You indicate that the beneficiary will be assigned to work off-site at XXX in XXX, XXX.
USCIS occasionally contacts clients of petitioners involved with employment-based petitions in order to verify that the information presented to USCIS by the petitioner is accurate and valid. The Department of Homeland Security has the right to verify any information you submit to establish eligibility for the immigration benefit you are seeking at any time. Our legal right to verify this information is in 8 U.S.C. 1103, 1155, 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities USCIS may verify information before or after your case has been decided.
On May 21, 2019, USCIS contacted XXX. On May 22, 2019, USCIS received a written reply from an authorized official of XXX, stating the beneficiary’s services will be required through 2020. Further, the Fieldglass work order shows the beneficiary’s assignment will be completed on December 31, 2019. Given this information, it is not apparent from the record that your company has specialty occupation work available to the beneficiary on October 1, 2019 or for the duration of the requested validity period.
In order to establish that there will be specialty occupation work available to the beneficiary for the requested H-1B validity period, your response should include documentation of the work to which the beneficiary will be assigned and should demonstrate how the duties and responsibilities relate to that work.
The following list includes suggested evidence that may be submitted to establish that you have specialty occupation work available for the requested H-1B validity period. This list is not exclusive; you may submit any and all evidence you feel would establish sufficient specialty occupation work. —
e Copy of relevant portions of valid contracts, statements of work, work orders, service agreements, and letters between you/your client and the authorized officials of the ultimate end-client companies to whom the end product or services worked on by the beneficiary will be delivered, which demonstrates that you have specialty occupation work available to the beneficiary on October 1, 2019 and for the duration of the requested validity period;
e A detailed description of the project(s) to which the beneficiary will be assigned; and/or
MOLINA e Any other evidence which demonstrates that you have specialty occupation work available to the beneficiary on October 1, 2019 and for the duration of the requested validity period.
Note that an H-1B validity period may be granted only for the time period for which the evidence of record establishes the availability of specialty occupation employment. Additionally, the record should establish that you were eligible for the requested benefit at the time of filing the petition and will continue to remain eligible for the requested benefit through adjudication.