The U.S. Department of Homeland Security (DHS) has finalized revisions to the regulatory definition of a specialty occupation for H-1B visa eligibility. These changes, codified in 8 CFR 214.2(h)(4)(ii), aim to clarify what qualifies as a specialty occupation while maintaining flexibility for evolving fields like AI, cybersecurity, and data science.

For employers and H-1B applicants, understanding these updates is crucial to ensuring compliance with USCIS requirements. In this blog, we break down the key changes and their impact on H-1B petitions.

What Is a Specialty Occupation Under the New Rule?

A specialty occupation still refers to a job that requires:

• Theoretical and practical application of highly specialized knowledge
• A bachelor’s degree or higher in a directly related specific specialty (or its equivalent)

However, USCIS has clarified that:

• A position must require specialization—a general degree alone is insufficient.
• A range of related degree fields can qualify, as long as each has a logical connection to the job duties.
  There is no requirement for an exact one-to-one match between degree names and job titles.

These refinements align with USCIS’s existing adjudication practices while accommodating emerging industries with interdisciplinary degree requirements.

Key Points from the DHS Revisions

1. Degrees Must Be Specialized – General Degrees Are Not Enough

• A general degree in business administration or liberal arts is not automatically sufficient.
• If a degree includes a major, minor, or concentration in a specialized field, it may still qualify—but the petitioner must prove its relevance to the job.
• Example: A bachelor’s in business administration (BBA) with a concentration in finance may qualify for a financial analyst position, but a general BBA without specialization likely will not.

2. No “Exact Match” Required Between Degree and Job Title

• USCIS acknowledges that degree names vary across universities and evolve over time.
• The focus is on whether the degree logically connects to the job’s required skills.
• Example: A computer science or data analytics degree could both qualify for a machine learning engineer role.

3. Emerging Fields Like AI and Cybersecurity Are Included

• New and evolving industries may not always have a single “standard” degree.
• Employers must demonstrate that the job requires a specialized body of knowledge and that the degrees listed have a direct relationship to the job.
• Example: A cybersecurity analyst may qualify with degrees in cybersecurity, information systems, or computer science—all of which are logically connected to the role.

4. Employers Must Prove the Direct Relationship

• The burden remains on the H-1B petitioner (the employer) to prove that the position requires specialized knowledge and that the degree fields listed are directly related to the job duties.
• This may require detailed job descriptions, expert opinions, or documentation

Do you need help navigating your H-1B case under these new guidelines? Contact Emandi Law today for expert immigration guidance.

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