Employer Guidance: Do an H‑1B Beneficiary’s Degree Credentials Affect the SOC Code for the Job?
Key Takeaways
- SOC (Standard Occupational Classification) codes are chosen based on the job duties and position details, not the individual employee’s degree.
- A beneficiary’s degree still matters for H‑1B eligibility (specialty occupation and the beneficiary’s qualifications), but that is a separate analysis from SOC selection.
- SOC selection affects prevailing wage and the Labor Condition Application (LCA); a wrong code can trigger RFEs or wage errors.
- It has been reported that Sheela Murthy and other senior attorneys provide guidance clarifying this distinction for employers preparing H‑1B petitions.
Job classification is position‑driven, not person‑driven
SOC codes are intended to describe the occupation itself. When preparing an H‑1B petition, employers (and their immigration counsel) should select the SOC code that best matches the job duties, supervisory level, and industry context of the open position. This classification feeds into the Department of Labor’s prevailing wage process and the Labor Condition Application (LCA) and therefore can materially affect wage level determination and compliance.
Degrees matter for beneficiary eligibility, but separately
That said, the employee’s own degree still matters for a different legal question: whether the beneficiary meets the H‑1B “specialty occupation” criteria and the required minimum education/experience to perform the job. In plain terms, the SOC code answers “what is the job?” while the beneficiary’s credentials answer “is this person qualified?” USCIS (U.S. Citizenship and Immigration Services) and DOL (Department of Labor) evaluate those lines independently, so an employer should document both the job’s requirements and the employee’s qualifications.
Practical steps and the human impact
For employers and applicants, the takeaway is practical: pick the SOC code that fits the job description, obtain the correct prevailing wage, and separately assemble proof that the beneficiary’s degree and experience meet the role’s requirements. Mistakes in classification can lead to wage miscalculations, RFEs, delays, or even denials—outcomes that directly affect workers waiting on H‑1B petitions. It has been reported that Murthy Law Firm attorneys emphasize careful documentation and, when in doubt, consulting experienced immigration counsel before filing.
Source: Original Article