4 ms·
To quote from the document (top of page 3): https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.p
by ssivark 10y ago
To quote from the document (top of page 3): https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf https://www.uscis.gov/sites/default/files/files/nativedocume...
> The [previous] memorandum also does not properly explain or distinguish an entry-level position from one that is, for example, more senior, complex, specialized, or unique. This is relevant in that, absent additional evidence to the contrary, the [Occupational Outlook] Handbook indicates that an individual with an associate’s degree may enter the occupation of computer programmer. As such, while the fact that some computer programming positions may only require an associate’s degree does not necessarily disqualify all positions in the computer programming occupation (viewed generally) from qualifying as positions in a specialty occupation, an entry-level computer programmer position would not generally qualify as a position in a specialty occupation because the plain language of the statutory and regulatory definition of “specialty occupation” requires in part that the proffered position have a minimum entry requirement of a U.S. bachelor’s or higher degree in the specific specialty, or its equivalent.
---
Question: BTW, does this mean that a candidate would necessarily need at least a Bachelor's degree in a CS ("in the specific specialty"), in order to qualify? Or does "equivalent" apply to Bachelor's or higher degrees in other (technical?) fields as well?
- vmarsy 10y agoTo answer your question: No, a foreign candidate either needs the BS in CS or they can use work equivalency [1]. However if you worked your whole life in a different field and have no relevant degree, I would assume you are not eligible. Otherwise it'd basically make 7 billion people eligible for the H1-B. If your other technical field is let's say petroleum engineering, you could surely get a H-1B as a petroleum engineer, but not as a programmer or a lawyer for instance, which I think makes total sense. (Unless you're good looking, then you could get a H-1B as a fashion model :) ) Check out the wikipedia definition for "specialty occupation" : requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor [2] [1] http://www.shihabimmigrationfirm.com/h-1b-degree-equivalency-using-work-experience-and-specialized-tr.html http://www.shihabimmigrationfirm.com/h-1b-degree-equivalency... [2] https://en.wikipedia.org/wiki/H-1B_visa https://en.wikipedia.org/wiki/H-1B_visa