H-1B Module 5: Meeting the Requirements: Specialty Occupation and the Beneficiary’s Degree
The alleged failure by petitioners to prove that an H-1B position qualifies as a “specialty occupation” is the number one reason cited by USCIS for H-1B RFEs the past few years. This module covers the specialty occupation, including the evidence required to show that the employer’s position (i.e., title and job duties) meets the statutory definition and regulatory criteria.
Faculty:
April A. Caminez Bentley (ML), Online Course Committee, Tallahassee, FL
Amy Erlbacher-Anderson, AILA Business Immigration Response Team, Omaha, NE Joseph John Shepherd, AILA USCIS Case Assistance Committee, New York, NY
Key:
Complete
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501: Overview of Module 5 and Defining “Specialty Occupation”
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Sample RFE: Specialty Occupation Template (Document)
Open to download resource.
Open to download resource.
502 Specialty Occupations and Professional Positions
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Select the "Watch Video" button to begin.
502 Quiz
1 Question | Unlimited attempts | 1/1 points to pass
1 Question | Unlimited attempts | 1/1 points to pass
H-1B: Specialty Occupations Outside the Box (Reading)
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Open to download resource.
JJ Shepherd et al., "H-1B: Specialty Occupations Outside the Box," Immigration Practice Pointers (2022-23 Ed.)
503 Documenting the Position as a Specialty Occupation
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503 Quiz
1 Question | Unlimited attempts | 1/1 points to pass
1 Question | Unlimited attempts | 1/1 points to pass
What’s New with H-1Bs (Reading)
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Open to download resource.
A. Golding, "What’s New with H-1Bs?" Immigration Practice Pointers (2024-25 Ed.).
Exercise: Drafting Effective Job Descriptions and Requirements
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Open to download resource.
Please read these instructions, complete the exercise on your computer, answer them in the course in the next component, and then download the Faculty Response to the exercise to compare your answers.
Exercise Faculty Response: Drafting Effective Job Descriptions and Requirements
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Open to download resource.
504 The Employee’s Professional Qualifications
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504 Quiz
1 Question | Unlimited attempts | 1/1 points to pass
1 Question | Unlimited attempts | 1/1 points to pass
505 U.S. Employer and Employer-Employee Relationship: Definitions and Ethics
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Select the "Watch Video" button to begin.
505 Quiz
1 Question | Unlimited attempts | 1/1 points to pass
1 Question | Unlimited attempts | 1/1 points to pass
506 U.S. Employer and Employer-Employee Relationship: Special Issues
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Select the "Watch Video" button to begin.
506 Quiz
1 Question | Unlimited attempts | 1/1 points to pass
1 Question | Unlimited attempts | 1/1 points to pass
USCIS Issues Updated Policy Guidance and Rescinds Two Policy Memos Regarding the Adjudication of Certain H-1B Petitions (Reading)
Open to download resource.
Open to download resource.
“USCIS Issues Updated Policy Guidance and Rescinds Two Policy Memos Regarding the Adjudication of Certain H-1B Petitions” (June 17, 2020), AILA Doc. No. 20061804
Cover Letter for H-1B Petition Package (Document)
Open to download resource.
Open to download resource.
Module 5 Hypotheticals (Answer Forum)
Make 2 discussion posts to continue.
Make 2 discussion posts to continue.
Answer both hypotheticals, each in a separate comment.
Discussion: Specialty Occupation and the Beneficiary's Degree (Question Sheet)
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Open to download resource.
Discussion: Specialty Occupation and the Beneficiary's Degree (Answer Forum)
Make 3 discussion posts to continue.
Make 3 discussion posts to continue.
Answer at least three of the questions on the Question Sheet, each in a separate comment and with the relevant question identified.
Module 5 Test
24 Questions | Unlimited attempts | 20/24 points to pass
24 Questions | Unlimited attempts | 20/24 points to pass