Immigration Solutions

H-1B Specialty Occupation RFE for Bachelor Degree in Business Administration

If you list the minimum Degree requirement as a Bachelor’s Degree in Business Administration, it is possible that you will receive an RFE (Request for Evidence) questioning the Specialty Occupation aspect of the Degree requirement.

The following is the typical language used by USCIS when issuing a Specialty Occupation RFE when the minimum Degree requirement is a Bachelor’s Degree in Business Administration:

Specialty Occupation Determination:

You must establish that the proffered position is a specialty occupation as defined above.

You indicate that the minimum entry requirements for the proffered position are a wide variety of disparate fields of study, such as business administration.

However, there must be a close correlation between the required “body of highly specialized knowledge” and the position.

A minimum entry requirement of a bachelor’s degree in disparate fields of study, would not meet the requirement that the position requires the theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, unless you establish how each field is directly related to the duties and responsibilities of the particular position (stated another way, how each field relates to the body of highly specialized knowledge required to perform the job).

The evidence you submitted is insufficient to establish how each field is directly related to the duties and responsibilities of the particular position, and therefore, that the position is a specialty occupation.

You indicate that one of the minimum entry requirements for the proffered position is a degree in business administration without further specialization or explanation.

You have not explained how this generalized field is a “body of highly specialized knowledge” that is directly related to the duties and responsibilities of the proffered position and/or how each of the fields of study under this generalized heading would relate to the duties and responsibilities of the proffered position.

Since there must be a close correlation between the required specialized studies and the position, the requirement of a degree with a generalized title, such as business administration or liberal arts, without further specification, does not establish eligibility. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm’r 1988).

As such, an educational requirement that may be satisfied by an otherwise undifferentiated bachelor’s degree in business administration is not sufficient to establish a requirement of a minimum of a bachelor’s degree in a specific specialty.

Further, you stated that the offered position’s educational requirements includes management, which is a non-specific term covering numerous specialties and vocations.

Accordingly, as the offered position’s requirements include generic degrees in management and business administration, without further specification, you have not established a close correlation to the duties of the offered position and those degrees.

Accordingly, on the basis of the position’s educational requirements alone, you have not established that the position is in a specialty occupation as defined above.

You may still provide evidence to meet this requirement. Evidence may include, but is not limited to:

  • A letter explaining how each field of study listed as a qualifying field for the proffered position is directly related to the duties and responsibilities of the position.
  • An expert opinion letter discussing how each field of study listed as a qualifying field for the proffered position is directly related to the duties and responsibilities of the position.

How to answer the Specialty Occupation RFE when the minimum Degree requirement is a Bachelor’s Degree in Business Administration

8 CFR § 214.2(h)(4)(ii) defines a specialty occupation to mean:
… an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s degree or higher in a specific
specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

InspectionXpert Corporation (IXC)

Taylor Made Software

“If the DOL Occupational Outlook Handbook shows the majority of U.S. workers in the field have a degree in the specific specialty, then the position will qualify. “

OOH – Management Analysts

A bachelor’s degree is the typical entry-level requirement for management analysts. However, some employers prefer to hire candidates who have a master’s degree in business administration (MBA).

The definition of typical is a characteristic or behavior that is normal and expected for a given person or thing or in a given situation.

O*Net Management Analysts