Background: The Specialty Occupation Requirement
For an H-1B petition to be approved, the offered position must qualify as a "specialty occupation," defined as one that requires:
- Theoretical and practical application of highly specialized knowledge
- Attainment of a bachelor's or higher degree (or equivalent) in a specific specialty as a minimum requirement for entry into the occupation
⚠️ Educational notice: This content is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance specific to your situation.
What the 2025 Policy Memo Changes
The 2025 memo clarifies three key points that deviate from earlier, more permissive interpretations:
1. Industry Norm Is Insufficient
The fact that many people in an industry happen to have a degree does not make the specific position a specialty occupation. USCIS must find that this particular role requires degree-level knowledge.
2. "Directly Related" Is Strict
A computer science degree is not automatically "directly related" to a business analyst or project manager position. The field of study must connect to the core duties of the specific role.
3. Multiple Acceptable Degrees Narrows the Path
If an employer claims that any of several unrelated degrees are acceptable (e.g., "CS, finance, or liberal arts"), this is taken as evidence that no specific specialized degree is truly required.
Affected Job Categories
| Role | Risk Level | Key Issue |
|---|---|---|
| Software Engineer (core dev) | Low | Clear CS degree link |
| Data Scientist (ML/AI focus) | Low | Clear STEM link |
| Business Analyst | High | Broad degree acceptance |
| IT Consultant (generalist) | High | Role may not require degree |
| Product Manager | High | Broad acceptable degrees |
| Financial Analyst | Medium | Depends on specific duties |
| UX/UI Designer | Medium | Design degree vs. any bachelor's |
How to Strengthen a Specialty Occupation Case
- Define a narrow, specific degree requirement in the job description (e.g., "Bachelor's in Computer Science or Computer Engineering")
- Document internal job posting requirements, offer letters, and comparable roles at peer companies
- Use OOH (Occupational Outlook Handbook) and professional organization standards to show industry norm
- Provide employer declaration explaining why the specific degree is required for the specific duties