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How Computer Programmers Applying for H-1B Visa Status Can Prevent Specialty Occupation Issues 1
How Computer Programmers Applying for H-1B Visa Status Can Prevent Specialty Occupation Issues According to Forbes, about two-thirds of annual H-1B cap-subject visas are awarded to beneficiaries in computer occupations. As of June 2021, there were over 1 million computer positions actively vacant. However, H-1B applicants working as computer programmers have been hit the hardest by specialty occupation issues in their petitions.
A few years back, a H-1B visa approval trend emerged wherein occupations that are listed in the US Department of Labor’s Occupational Outlook Handbook as normally but not always requiring a bachelor’s degree minimum were adjudicated to not meet the specialty occupation requirement.
There are three other ways to meet the specialty occupation requirement: • The minimum bachelor’s degree requirement is the industry norm for the position in question, or this position is uniquely complex. • The H-1B employer always requires a bachelor’s degree minimum for this position. • The nature of the job is uniquely complex as to require a bachelor’s degree at minimum.
A picture is worth a thousand words If the position in question does not ALWAYS require a bachelor’s degree minimum as stated in the US Department of Labor’s Occupational Outlook Handbook, you will need to prove that it meets at least one of the three alternatives.
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