Understanding Specialty Occupations
Why does a business analyst fall into the specialty occupation category and other jobs don’t? The answer is how much education is required to do the work. As defined by the Department of Labor (DOL) and USCIS, specialty occupations require at least a bachelor’s degree in a field directly related to the job opening and a predetermined set of skills and experience.
To qualify to extend the position of a business analyst or other specialty job, the employer must submit a Labor Condition Approval request to the DOL. This request proves that the job can only be completed by someone with a large skillset and education and that the employer attempted to hire a US national but was unable to fill the position.
The employer then sponsors a foreign worker and begins the process of petitioning for an H-1B visa. Provided the worker meets the job qualifications of the business analyst as determined by USCIS, they can enter the lottery pool for that year’s H-1B visa.
What You Need To Be Approved for a Business Analyst H-1B Visa
USCIS uses the Immigration and National Act to determine which roles meet the criteria of “specialty positions.” According to section 214(i)(1) and 8 CFR 214.2(h)(4)(ii)(A), business analysts are specialty jobs, but not anyone can fill this position.
Applicants for the role must meet each of the following factors:
● They must have a bachelor’s degree or higher or an equivalent (although the equivalent designation is in question with current legislation).
● The degree they hold is common to the industry in similar jobs and among other companies, or the position the employer is advertising for is unique and complex, and the applicant is one of the only people with the skills required to do the job.
● The applicant has an H-1B visa sponsor, as they cannot sponsor themselves (except in rare circumstances). The employer who offers the position must be willing to sponsor the applicant and pay all affiliated processing fees.
If all of this is applicable, the employer can begin the process of petitioning for the H-1B visa. The first step is to file the LCA form with the DOL. When that is approved, the employer starts an application with USCIS by filling out Form I-129 and paying the associated fees.
H-1B Visa Business Analysts By the Numbers
In 2022, business analysts had a 99.85% approval rate for H-1B visas, as compared to the 98.72% rate in 2015.
The average prevailing wage for the position was about $90,000. This varies based on the company hiring the H-1B employer and the geographic location of the job. Many companies are willing to pay more for top talent.
Note that current legislation is attempting to move away from the lottery system and give visa preference to positions making six figures or higher, which would put business analysts at the bottom of the list. To ensure your petition is given the best chance, use an immigration expert like Visa2US before you file your H-1B visa application.
Processing the H-1B Visa for Business Analysts
H-1B visas are in high demand, and there are many restrictions in place on these documents. Because of the process, which includes a per-country cap by birthplace and a lottery system, the journey from application to approval can be quite lengthy.
Once your petition has been selected in the lottery (if applicable), then you and your legal expert complete the rest of the application. This is sent to a processing center. The workload of that center determines how long it takes to receive approval, rejection, or request for more evidence (RFE). In general, California and Nebraska’s service centers have a turnaround time of 2.5 to 4.5 months, while Vermont’s centers can take anywhere from 12-15 months.
If time is crucial, consider expediting the processing with H-1B’s premium visa processing fee. This is designed for employers who don’t want to wait months or over a year for their beneficiary’s petition to get finalized. Premium processing ensures the petition is processed within 15 days of submission.
The employer agrees to pay all visa filing fees for the sponsoring business analyst employee. These fees add up to around $5,000 (not including legal fees). Costs vary, but employers can expect to pay fees for each form they file, as well as anti-fraud fees. Optional premium processing adds another $2,500 to this cost.
What’s Next?
Are you a business analyst looking for an H-1B visa to continue your professional career path, or an employer hoping to fill a vacancy with a foreign worker? Then you need Visa2US to help streamline your interactions with the United States government.
As you deal with the Department of Labor and USCIS, the steps become increasingly complex. At Visa2US, we’ll help you navigate those processes, ensure everything you submit is accurate, and advise you as to your next steps.
Contact us today online or over the phone and schedule your consultation. Find out how we can increase your chances of getting an H-1B business analyst visa without the hassle and complicated red tape.
