Recent Changes to the Definition of a Specialty Occupation for H-1B Visas

On January 17, 2025, the U.S. Department of Homeland Security (DHS) implemented a final rule that significantly updates the definition of a “specialty occupation” under the H-1B visa program. This modernization effort aims to align the program with current workforce needs, providing greater clarity for employers and employees alike.
Key Changes to the Specialty Occupation Definition:
- Clarification of Degree Requirements:
- The revised definition specifies that a position may qualify as a specialty occupation if it “normally” requires a bachelor’s degree or higher in a specific specialty, even if such a degree is not “always” mandatory. This change acknowledges that while a degree is typically required, there can be exceptions based on industry standards.
- Direct Relationship Between Degree and Job Duties:
- Employers can specify a range of acceptable degree fields for a position; however, each field must be “directly related” to the job duties. The term “directly related” is defined as having a logical connection between the required degree and the responsibilities of the position.
- Emphasis on Specialized Knowledge:
- The updated definition reinforces that a specialty occupation requires the application of highly specialized knowledge. Positions that can be performed with a general degree without further specialization do not qualify as specialty occupations under the H-1B program.
Implications for Employers and Applicants:
- For Employers:
- Job Descriptions: It’s crucial to clearly define job roles and specify the specialized knowledge and skills required. Ensure that the educational qualifications listed are directly related to the job duties.
- Documentation: Maintain thorough documentation to substantiate that the position meets the specialty occupation criteria, including evidence of industry standards and the necessity of a specialized degree.
- For H-1B Applicants:
- Educational Alignment: Ensure that your educational background aligns with the specific requirements of the position you’re applying for. Degrees in fields directly related to the job duties will be essential under the new definition.
- Professional Experience: Highlight any specialized experience that complements your educational qualifications, demonstrating your expertise in the specialty occupation.
These updates aim to provide greater flexibility and clarity in the H-1B program, ensuring it effectively addresses the evolving needs of the U.S. labor market while maintaining the integrity of the immigration system.