Does the beneficiary meet the requirements for the occupation?
First, the US employer must be seeking to fill a temporary position in a “specialty occupation.” The definition of a “specialty occupation” is “an occupation that requires (1) theoretical and practical application of a body of highly specialized knowledge, and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.” “Specialty Occupations” include accountants, computer analysts, programmers, database administrators, web designers, engineers, financial analysts, doctors, nurses, scientists, architects, lawyers, and more. It is important to note that the required degree must be reasonably related to the position. General degree requirements will often be challenged. The employer must be ready to demonstrate that a specific degree or narrow degree field is a legitimate prerequisite to doing the job. Second, the foreign national must possess the required bachelor’s degree or requisite experience to qualify fo
