Overcoming USCIS Scrutiny of Engineering Degrees in H-1B Petitions

By Shela Ward

A common issue we see in H-1B RFEs arises in specialty occupation cases in which the candidate’s qualifying degree is described simply as “engineering.” USCIS frequently views a broad engineering degree requirement as evidence that the position does not require a sufficiently specialized body of knowledge. If a role can be filled by graduates from numerous engineering disciplines, USCIS may conclude that the position lacks the degree specificity required for H-1B classification. Therefore, the burden of establishing how any engineering degree provides highly specialized knowledge directly related to the job duties falls squarely on the petitioner.

At Park, our experts have developed several strategies for overcoming this regulatory hurdle by carefully defining the relationship between the position offered and the candidate’s engineering education. Rather than treating “engineering” as an overly generic field of study, our expert opinion letters can explain that accredited engineering programs share a rigorous core of specialized knowledge and demonstrate that the position relies on knowledge common to all engineering graduates.

One tactic we use to address USCIS’s concerns is to provide expert letters explaining why the position accepts candidates with engineering degrees alongside candidates with degrees in other closely related fields. In a recent letter, our expert paired the engineering degree requirement with degrees in fields such as business, computer science, and mathematics. Rather than treating these degree requirements as evidence that the position lacks specialization, we demonstrated how each qualifying field provides a distinct but relevant body of specialized knowledge necessary to perform the job. Our letter explained how the position’s duties draw on competencies developed through each educational pathway and why graduates of these disciplines are academically prepared for the role. In this way, we helped USCIS understand that the position remains a specialty occupation even though it is not limited to a single degree field.

Although pairing engineering with other closely related fields is the recommended approach, clients occasionally must work with an existing filing that lists only engineering as the degree requirement. In cases where engineering is the sole qualifying degree field, our experts can draft opinion letters explaining how engineering is not a collection of unrelated fields but rather a recognized academic discipline built on a common foundation of knowledge in areas such as physics, design methodology, systems analysis, and engineering principles.

Whether your client’s position accepts candidates with degrees in multiple specialized fields or identifies engineering as a general qualifying discipline, a well-crafted expert opinion letter can make all the difference. Our experienced subject matter experts can prepare detailed, persuasive letters tailored to the unique facts of your client’s case. If you have an H-1B petition involving engineering, contact us to learn how our experts can help strengthen your case.