H-1B expert opinion letters / Speciality Occupation Expert Opinion Letters


H-1B expert opinion letters, also known as specialty occupation letters or expert opinion letters, are documents written by an independent expert to support an H-1B visa application. 

These letters are crucial for demonstrating that the offered position qualifies as a specialty occupation, which requires specialized knowledge and a bachelor’s degree or higher. The letter explains why the position necessitates expertise in a particular field and why the beneficiary’s qualifications are relevant.

The primary purpose of a specialty occupation letter is to determine whether a particular position qualifies as a specialty occupation for an H-1B petition. Such letters provide a detailed explanation of the educational background necessary to perform a position’s specialized duties. 

Experts in the field analyze the nature of the company and its industry, the position in the context of the company, and the background required for the position as determined by the industry. 

Taking into consideration the job duties required of the candidate, a specialty occupation letter clearly demonstrates that the proffered position is a specialty occupation requiring expertise in a particular field. Depending on the specific requirements of a case, specialty occupation letters can also be crafted to explain why a candidate’s particular background is relevant to the position at hand.

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Key Purposes of H-1B Expert Opinion Letters:

The primary function is to prove that the position meets the criteria for a specialty occupation, requiring a bachelor’s degree or higher in a specific field. 

  • Demonstrate Relevance of Qualifications:

The letter explains how the beneficiary’s education, experience, and skills align with the job requirements. 

  • Support H-1B Eligibility:

By providing a professional evaluation, the letter strengthens the H-1B petition and increases the likelihood of approval, according to evaluation companies. 

Expert opinion letters can be submitted in response to an RFE from USCIS, clarifying any doubts about the specialty occupation or the beneficiary’s qualifications. 

Documents Required

What Makes a Good Expert Opinion Letter?

  • Credentials of the Expert:
    • Must have academic qualifications or industry experience relevant to the position.
    • Should include the expert’s CV/resume and details about their authority to evaluate academic or occupational matters.
  • Detailed Job Analysis:
    • The letter must clearly describe the job duties and explain why a degree in a specific field is required.
  • Degree or Experience Equivalency Justification:
    • If evaluating education/experience, the letter must provide a step-by-step explanation of how the experience or foreign degree equates to a U.S. degree.
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Who can Issue It?

  • University professors with Ph.D.’s in the relevant field
  • Industry professionals with extensive experience and academic credentials
  • Agencies that specialize in academic/work evaluations for immigration purposes

What is Specialty Occupation for an H-1B?

The term “Specialty Occupation” is central to the H-1B visa and refers to a position that requires:

  • Theoretical and practical application of a body of highly specialized knowledge.
  • Attainment of a bachelor’s or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.


For an H-1B EOL (Expert Opinion Letter), the concept of “Specialty Occupation” is crucial because the letter aims to demonstrate to the U.S. Citizenship and Immigration Services (USCIS) that:

  1. The job being offered qualifies as a Specialty Occupation. This means the position’s duties are so complex and specialized that a bachelor’s degree or higher in a specific field is the standard minimum requirement for someone to perform the job. The expert opinion can analyse the job duties, industry standards, and typical educational requirements for similar roles to support this claim.
  2. The beneficiary (the foreign worker) has the necessary qualifications (i.e., the required degree or its equivalent through a combination of education and work experience) to perform the duties of that specialty occupation. The expert can evaluate the beneficiary’s credentials and explain how they meet or exceed the educational and experiential requirements of the position.

Required Documents for an H-1B Speciality Occupation Expert Opinion Letter (EOL)

  • RFE copy (not required for initial H-1B petitions)
  • Copy of the LCA
  • Petition support letter (LOS)
  • Job duties in detail (%Break down of duties)
  • All education credentials
  • Experience letters (if any handy)
  • Latest resume in word
  • Any other supporting documentation that’s being submitted to USCIS.
  • Certified English translations if the documents are in foreign language – We can help translate your documents or you can get them translated yourself before submitting to us.

Submit copies of all the documents in PDF to contact@aaeevaluations.com
We don’t need originals.

The fee for H-1B expert opinion letter is $475 with 5 to 6 business days turnaround.

H!B Expert opinion Letter

Expert help is available for H1B Expert opinion Letter as well as to interpret your credentials.

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FAQ

Quick QuestionS

11. What status would my spouse and children have when I am granted H-1B Status?
The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent.
Generally, H-4 visa holders, including spouses, are not permitted to work in the U.S. However, there are limited exceptions. A spouse on an H-4 visa may be eligible for work authorization if their H-1B spouse has an approved I-140 immigrant visa petition (green card application) or has been granted a post-sixth-year extension of H-1B status.

USCIS begins accepting H-1B visa petitions on April 1st, 2024, for the fiscal year 2025.

The Regular Quota Cap for H-1B visas in 2025 is 65,000.
When the H-1B Cap is reached within the first five days of the filing season, all petitions received will be subject to a computerized random selection process. The first selection is conducted for the Master’s Degree Cap, and any petitions not selected in this category are then included in another random selection process for the Regular Cap. If the Cap is reached after the initial five-day period and there are more petitions than available slots, a lottery will be conducted.
Individuals holding a U.S. Master’s degree or higher qualify for the Advanced Degree Cap. Those with U.S. Associate’s, Bachelor’s, or master’s degrees earned outside the U.S. do not qualify for this cap.
Once your H-1B Petition is approved, you can start working according to the employment period specified in the H-1B Approval Notice. For FY 2025, the employment period must be after October 1st, 2024. If your petition was filed from overseas, you are required to obtain an H-1B Visa stamp to enter the U.S. on an H-1B Visa. If your petition was filed as a change of status, you do not need to travel back for visa stamping.
Yes, foreign students pursuing their Bachelors, Masters, or PhDs from U.S. universities and working on Optional Practical Training (OPT) can file for an H-1B Change of Status Petition. Applying for a change of status from F-1 to H-1B allows the student to continue working after the expiration of OPT and start H-1B employment from October 1st without leaving the country. However, to maintain legal status in the U.S., the Change of Status application must be filed before the expiration of OPT.
If you are currently in H-1B Visa status, the H-1B Cap does not affect you. Your employer can file an H-1B Renewal/Extension Petition to extend your stay without being subject to the Cap/Quota.
An H-1B transfer, often called a “change of employer,” allows an H-1B visa holder to switch employers while already in the United States. Essentially, it’s a process where a new employer petitions for the H-1B worker to work for them, without the worker needing to go through the initial H-1B application process again. 

An H-1B extension refers to the process of extending the stay of a foreign national in the United States who is in H-1B status. The H-1B visa allows employers to temporarily employ foreign workers in specialty occupations that require a bachelor’s degree or higher. An H-1B visa is typically granted for an initial period of three years, which can be extended for a maximum of six years. 

1. What does a H-1B visa mean?

We can help translate your documents or you can get them translated yourself before submitting to us.

H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. A bachelor’s degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have this degree (or higher).

The H-1B is a Specialty Occupation work authorization visa with a cumulative maximum duration of 6 years. The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter.

After six years on an H-1B visa, the visa holder must either return to their home country for at least one year or seek an alternative visa status to remain in the U.S. One common path for staying in the U.S. is to pursue a Green Card through employment, often initiated by filing an I-140 petition (Immigrant Petition for Alien Worker). This I-140 allows for extensions of the H-1B visa, potentially until the Green Card is approved. 


The current annual regular cap for the H-1B category is 65,000.
The current annual regular cap for the H-1B category is 65,000.
A broad range of professional occupations qualify for H-1B status. Generally, professional-level occupations in Information Technology, engineering, biological, physical, social sciences, mathematics, and business administration will qualify for H-1B.

After receiving the certified Labor Condition Application (LCA) from DOL, the employer then submits a petition (application), with supporting documentation to the USCIS. There is a USCIS filing fee for all H-1B petitions as well as additional fees for certain H-1B petitions. Please see the USCIS (link is external) website on fee information.

Yes, it is possible for an employer to apply for the H-1B on your behalf while you are residing outside of the U.S. Once approved, you would obtain the H-1B visa stamp at an U.S. Embassy/Consulate and enter the U.S. in that status.

An attorney can help you and the employer present the best case for approval of the H-1B status application to the USCIS. However, an attorney cannot guarantee success of an H-1B application nor can an attorney obtain an H-1B for an unqualified person. In many cases, an attorney may be able to determine in advance whether or not your position and credentials would qualify for an H-1B.


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