Employer should pick SOC code based on job duties, not the employee’s degree, Murthy attorneys say
Key Takeaways
- It has been reported that Murthy attorneys advise SOC (Standard Occupational Classification) codes should reflect the job duties and employer’s position description, not the individual employee’s credentials.
- SOC choice matters because it drives the DOL prevailing wage classification (via O*NET/SOC) and can affect the H‑1B petition’s wage level and LCA (Labor Condition Application).
- An employee’s degree still matters for the “specialty occupation” and qualification analysis — e.g., whether the job requires a bachelor’s and whether a foreign degree is equivalent to a U.S. degree.
- Employers should document detailed duties, select the SOC/O*NET code that best matches the position, and obtain credential evaluations or legal advice when degree equivalency is an issue.
What an SOC code is and why it matters
SOC stands for Standard Occupational Classification — a numeric code used by the U.S. government (and O*NET) to categorize jobs by duties and tasks. For H‑1B work, employers use that classification when seeking a prevailing wage from the Department of Labor (DOL) and when preparing the Labor Condition Application (LCA). The SOC selection can change the wage level the employer must pay and can influence agency scrutiny, so getting it right matters for timelines, cost, and petition risk.
Murthy guidance: duties over diplomas
It has been reported that Sheela Murthy and other senior attorneys state that SOC determinations are typically made based on the position’s duties, supervision level, and requirements — not the specific employee’s educational background. In plain terms: describe the job you are offering, match it to the best SOC/O*NET occupation, and base the prevailing wage request on that description. The employee’s resume or degree does not normally drive which SOC code is correct.
When the employee’s degree still comes into play
That said, the employee’s credentials are central to other parts of the H‑1B analysis. USCIS (U.S. Citizenship and Immigration Services) and DOL assess whether a position is a “specialty occupation” (generally requiring at least a U.S. bachelor’s degree or equivalent) and whether the beneficiary actually holds the required degree or its foreign equivalency. If the beneficiary holds a foreign degree, a credential evaluation may be needed to demonstrate equivalency to a U.S. degree. Those evaluations affect eligibility but do not usually change the SOC code selection.
Practical steps for employers and applicants
For employers: craft a clear, detailed job description that lists core duties, minimum requirements, and supervision level; consult O*NET to find the best SOC match; and be prepared to justify the choice in any DOL review. For beneficiaries: provide degree documentation and, if foreign, a trusted evaluation showing U.S. equivalence. When in doubt, get immigration counsel involved — misclassification can lead to higher wage obligations, RFE (Request for Evidence), or delays that directly affect the employee’s ability to start or continue work.
Source: Original Article