Background
According to the Immigration and Nationality Act (INA), a “specialty occupation” is defined as a job that necessitates both the theoretical and practical application of highly specialized knowledge, accompanied by the attainment of a bachelor’s degree or higher. Therefore, in order to successfully navigate the H-1B application process, it becomes imperative to not only meet these criteria but also to effectively communicate the uniqueness and significance of the specialty occupation.
VisaNation Case Strategy
Our client, the owner of a software development, consulting, and integration firm, specializes in applications and game development for platforms such as iPhone, Android, and Windows. The dynamic nature of their work demanded a keen understanding of business needs, processes, and organizational efficiency. Seeking to enhance their team, our client aimed to bring in a new employee from India to serve as a business analyst.
In this role, the prospective employee’s core responsibilities would revolve around identifying and addressing the intricate business requirements, processes, and overall efficiency of the organization. Recognizing the need for specialized expertise, our client approached us with the goal of securing an H-1B visa for the prospective employee, designating them under the specialized position of a business analyst.
In our client’s case, the individual met the outlined criteria by holding a bachelor’s degree that was not only relevant but also commonplace within the industry. However, to strengthen the case further, we had to emphasize the distinctive nature of the proposed position. The argument was constructed on the premise that the role required a specific degree and that the duties associated with the business analyst position were inherently complex.
Within the realm of H-1B cases, it is crucial to demonstrate the specialty occupation.
Verdict
In this instance, we successfully explained that the job was not only reliant on the possession of a specific degree but also required a profound understanding of the intricate tasks associated with the role. This strategic approach was critical in demonstrating that the position, while tied to a common industry degree, was indeed unique and could only be effectively performed by an individual possessing specialized knowledge in the field. By highlighting the specific and intricate demands of the business analyst role, we ensured that our client’s H-1B application not only met the statutory requirements but also conveyed the exceptional nature of the position within the broader industry context. Within two months, our client’s case was approved.
