1) Is the position a Specialty Occupation?
The position must require at least a 4 year Bachelor Degree in a field related to the occupation.
This must be the employer’s minimum requirement as well as the industry minimum requirement.
The employer must be prepared to provide evidence in the form of help wanted advertisements from both the company itself as well as the industry.
2) Is the offered salary equal to or above the prevailing wage?
You can check the prevailing wage here.
Enter the State where the work will be performed, click Continue.
Select the County, Select the Occupation, click Search,
(note that H-1B Occupations should have an O*Net™ JobZone of 4 or higher. This means that the DOL considers that position to be a Specialty Occupation).
You will see 4 wage levels.
The prevailing wage level is based on the employer’s minimum requirements for the position.
Bachelor Degree and 0-1 years of experience required should result in a Level 1 prevailing wage.
Bachelor Degree and 2 years of experience should result in a Level 2 prevailing wage.
Master Degree and no experience required should result in a Level 2 prevailing wage.
Bachelor Degree and 3 years of experience should result in a Level 3 prevailing wage.
Bachelor Degree and 4+ years of experience should result in a Level 4 prevailing wage.
The employer’s offered wage must be guaranteed salary (not commissions, bonuses or the monetary value of benefits).
3) Can I show that I have sufficient work for the Beneficiary?
USCIS will want to see that there is a bona fide need for the worker. This issue primarily affects IT and Engineering positions and always applies to IT staffing and IT consulting companies.
If the employee will work at a 3rd party client site then USCIS will required a copy of the MSA (Master Services Agreement), SOW/PO (Statement of Work or Purchase Order), and in some cases an end client letter confirming the employment.
If the employee will work in house, USCIS will require evidence of the in house project.