According to the Foreign Affairs Manual, this is what Consular Officers are looking for when they interview prospective H-1B applicants:
- The prospective employer must have already filed a labor condition application (LCA) with the Department of Labor (DOL) prior to the H-1B application.
- The filing of a labor condition application does not constitute that the occupation in question is a specialty occupation.
- DHS is responsible for determining whether the application involves a specialty occupation and whether the applicant for whom H-1B status is sought qualifies to perform services in that occupation.
- A specialty occupation requires that the employee has attained a bachelor’s or higher degree in the specific specialty (or its equivalent) for entry into the occupation.
- A worker seeking a position in a specialty occupation must have completed such a degree or have experience in the specialty equivalent to the completion of the degree and have expertise in the specialty through progressively responsible positions relating to the specialty.
- Evidence of employment/job training that the beneficiary met the certification’s minimum employment and job training requirements, if any are prescribed, as of the date of the filing of the labor certification application.
- Evidence of education and other training with evidence that the beneficiary met all of the certification’s post-secondary education and other formal training requirements
- A non-immigrant must be coming to fill a position that is temporary in nature.