Some of the Top Occupations Pursued by Employers in H-1B Filings are Also the Ones Most Heavily Scrutinized by USCIS
February 18, 2019 |
Immigration Blog
The DOL recently released statistics on the top occupations pursued by employers in H-1B Labor Condition Application (LCA) filings in FY 2019 YTD.
Among the top 10 are Computer Systems Analysts (9.5%), Computer Occupations, All Other (7.0%), Operations Research Analysts (4.1%) and Management Analysts (2.0%)--Total of 22.6%.
Interestingly, these occupations happen to be ones that are most heavily scrutinized by USCIS right now when adjudicating H-1B petitions. USCIS uses the Occupational Outlook Handbook (OOH) to challenge these positions under specialty occupation criteria.
In my opinion, reliance on the OOH as the focal point of specialty occupation eligibility is misplaced, as the OOH itself confirms in its Disclaimer that it should not be used for any legal purposes.
I also believe that USCIS' current interpretation that specialty occupation primarily means a position whose degree requirement is only in one field is equally misplaced. A specialty occupation does not mean a degree in only one field. It may justify several common or related degree fields that are part of the same body of knowledge.
Among the top 10 are Computer Systems Analysts (9.5%), Computer Occupations, All Other (7.0%), Operations Research Analysts (4.1%) and Management Analysts (2.0%)--Total of 22.6%.
Interestingly, these occupations happen to be ones that are most heavily scrutinized by USCIS right now when adjudicating H-1B petitions. USCIS uses the Occupational Outlook Handbook (OOH) to challenge these positions under specialty occupation criteria.
In my opinion, reliance on the OOH as the focal point of specialty occupation eligibility is misplaced, as the OOH itself confirms in its Disclaimer that it should not be used for any legal purposes.
I also believe that USCIS' current interpretation that specialty occupation primarily means a position whose degree requirement is only in one field is equally misplaced. A specialty occupation does not mean a degree in only one field. It may justify several common or related degree fields that are part of the same body of knowledge.
Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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