H-1B Positions – Degree Requirements

As the employer, you are required to provide your minimum degree requirements for the offered H-1B Visa position.

Failure to comply may lead to an RFE (Request for Evidence) and potentially a denial of your H-1B petition.

In the current climate of BAHA (Buy American / Hire American) it is more important than ever to ensure that you are doing everything in your power to obtain the H-1B approval.

Here are some tips on ensuring that your minimum degree requirements are in compliance with USCIS regulations.

Breadth – Majors must be specific, and not overly broad:

The major required must be related to the position offered.

ie: A Bachelor’s Degree in English would not be acceptable for a Software Developer position.

A Bachelor’s Degree in Computer Science would be acceptable for a Software Developer position.

The Minimum Degree requirement cannot be too broad.

Engineering Degrees:

You must state the specific Engineering major(s) that you would accept.

ie “Bachelor’s Degree in Engineering” would not be accepted for a Mechanical Engineering position.

Bachelor’s Degree in Mechanical Engineering would be accepted for a Mechanical Engineering position.

Business Administration:

USCIS has indicated that a Bachelor’s Degree in Business Administration is not an acceptable minimum degree for an H-1B position.

The degree must be occupation specific.

Example. For a Market Research Analyst position, the major must be Marketing. (ie Bachelor’s Degree in Marketing).

Related – Majors must be related to each other:

If you have multiple degrees as your minimum degree requirements, such as: Bachelor’s Degree in Computer Science, Technology, or MIS, all of the degrees must be related.

Example:

For a Software Developer position: Bachelor’s Degree in Computer Science, Technology, or Biology would not be accepted.

Bachelor’s Degree in Computer Science, Technology, or MIS, would be accepted.

Source: h1b now