Employment Based Immigration Handbook
I. H-1B Overview
I.2 Eligibility for H-1B Employment
Employment Must Be a Specialty Occupation
USCIS will review each H-1B request to ensure the minimum duties of the offered position qualify for a “specialty occupation.” The standard factors which USCIS typically uses to determine whether the petition merits an H-1B classification are the following:
1) A bachelor’s or higher degree (or its equivalent) that is related to the offered position is generally the minimum requirement for entry into the field;
2) The job duties are so complex or unique that a degree in a relevant field is required;
3) The degree requirement is common in the industry in similar positions among similar organizations; and
4) The employer can show that the organization normally requires a bachelor’s degree for this type of position.
Note: A job may not be automatically deemed a “specialty occupation” by USCIS standards solely based on the fact that The University of Toledo states that it requires a bachelor’s degree or above for the position.
Minimum Requirements
USCIS is concerned with the minimum requirements of the proposed position not the background of the proposed employee. However, any proposed Beneficiary must meet or exceed the proposed job duties and qualifications, and there must exist a logical nexus between the minimum requirements of the proposed position and qualifications of the proposed employee. The University of Toledo’s position description and requirements will be a deciding factor in whether or not a proposed position qualifies as a specialty occupation.
Fees
The sponsoring College or Department is responsible for all filing and processing fees associated with the H-1B petition. The prospective employee is not responsible and is not permitted to pay the fees associated with the petition. See website for current fees.
Note: In limited circumstances, an H-1B Beneficiary “may” pay the premium processing fee if it is required solely for the Beneficiary’s personal need and not the need of the University. For example, the prospective employee needs to travel abroad solely for personal reasons. In such cases, contact CISP to verify if this exception is applicable.
Go to the next section: I.3 The H-1B Application Process and Timeline