Employment classification
H-1B Specialty Occupation
H-1B requires that the position qualify as a specialty occupation and that the beneficiary hold the required degree in a directly related field. The 2025 rulemaking tightened the 'directly related' language and made the specific-position analysis more important than generic occupational classification. Most H-1B RFEs turn on the relationship between the degree field and the actual duties, or on wage-level and LCA consistency.
Governing standard
Specialty occupation criteria plus beneficiary qualification
8 CFR 214.2(h)(4)(iii)(A)
- Denial rate after RFE
- 11.4%
- Median processing
- 68 days
- Form
- I-129
- Initial RFE rate
- 14.0%
- Median exhibit pages
- 120
- Manual assembly
- 8 hrs
- On Docket Build
- 22 min
Statutory criteria
What the record has to establish.
Each element below is a mapped criterion in the Docket Build criteria pack, with its citation and the evidence types that satisfy it.
Degree normally the minimum requirement
(h)(4)(iii)(A)(1)
- OOH excerpt
- Industry standards
- Job posting analysis
Degree requirement common to the industry
(A)(2)
- Comparable postings from similar employers
- Industry association statements
Employer normally requires the degree
(A)(3)
- Hiring history for the role
- Job description archive
- Organisational chart
Duties so specialised and complex
(A)(4)
- Detailed duty breakdown with time allocation
- Project documentation
- Technical expert letter
Failure modes
What actually draws a request on a H-1B.
Compiled from the request language our customers record on their own matters and from published AAO decisions in this classification.
Full RFE trends hub- Wage level 1 paired with duties described as senior or complex
- SOC code on the LCA that does not match the duties in the support letter
- Degree field described as 'or related field' without specifying the relation
- Third-party placement with no end-client documentation chain
- Worksite address on the LCA differing from the I-129
Document checklist
What a complete filing carries.
Full printable checklist →Employer and position
Certified LCA (ETA-9035)
Wage level, SOC code and worksite must match the petition exactly
Employer support letter
Duties with percentage time allocation, not a generic description
Organisational chartwhere applicable
Showing reporting lines and the position in context
Employer evidence
Incorporation, FEIN verification, website and financials
Beneficiary qualification
Degree certificate and transcripts
In a field directly related to the duties
Credential evaluationwhere applicable
For foreign degrees or the three-for-one experience equivalency
Licence or certificationwhere applicable
Where the occupation requires one
Resume reconciled to the petition
Dates and titles must match the support letter
Third-party placement
End-client letterwhere applicable
Confirming the role, duration and supervision
Statement of work and master services agreementwhere applicable
Complete chain from petitioner to end client
Itinerary of serviceswhere applicable
Where work occurs at multiple worksites
Forms
Form I-129 with H supplement
Cross-checked against the LCA and support letter
Form G-28
Executed by petitioner and attorney
Fee schedule check
ACWIA, fraud prevention and any applicable surcharges
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