Specialty Occupation Is an Evidentiary Argument
USCIS does not accept that software engineering is inherently a specialty occupation. Each petition must demonstrate that the specific position requires theoretical and practical application of a body of highly specialized knowledge, and that a bachelor's degree in a specific field is the normal minimum entry requirement. For senior .NET and Java roles, that argument is usually winnable — but only if the job description is written in engineering terms rather than staffing terms.
A description that reads 'develop and maintain applications' is generic. A description that specifies domain-driven design of distributed services, transactional integrity across partitioned data stores, JVM performance tuning, or migration of WCF services to gRPC establishes the specialized knowledge the statute contemplates.
The Degree Nexus
The beneficiary's degree must connect directly to the duties. A computer science, computer engineering, software engineering, or closely related degree is straightforward. Degrees in unrelated fields require an evaluation establishing equivalency through coursework and progressive experience — three years of specialized experience per year of missing education under the standard formula.
- Map at least five specific duties to specific coursework or specialized experience.
- Include an expert opinion letter when the degree field is not obviously aligned.
- Avoid duty lists that mix architecture-level work with routine support tasks.
- Match the LCA wage level to the seniority actually described in the petition.
End-Client and Itinerary Evidence
Where the beneficiary will work at a client site, the petition needs contemporaneous evidence of the assignment: the master services agreement, the statement of work, a client letter confirming the role and duration, and an itinerary of services for the full validity period. The employer must also demonstrate the right to control the work — assignment, evaluation, supervision, and the ability to reassign.
Thin end-client evidence is the single most common reason enterprise developer petitions receive a Request for Evidence. Assembling it before filing is materially cheaper than assembling it under an RFE deadline.
Filing Mechanics
Registration for the cap lottery occurs in March, with selected registrations filed during a ninety-day window beginning April 1 for an October 1 start. Cap-exempt filings, extensions, amendments, and transfers can be filed year-round. Any material change in worksite or duties requires an amended petition before the change takes effect — a rule that catches consulting employers repeatedly when engineers rotate between client sites.