Why Do Job Duties Matter More Than Titles?
Job duties determine legal requirements because they describe what work the H-1B worker actually performs. The Department of Labor bases prevailing wage determinations on duties, not titles. Two positions with identical titles but different responsibilities can have vastly different wage requirements.
USCIS uses job duties to evaluate whether a position qualifies as a specialty occupation. The specialty occupation test focuses on whether the duties require theoretical and practical application of a body of highly specialized knowledge normally obtained through a bachelor's degree or higher. Title alone cannot establish this requirement.
A job titled "Senior Technical Specialist" could describe duties ranging from basic support work to advanced engineering. Only the actual duties reveal whether the position requires specialized education and what prevailing wage applies.
What Role Does the Job Title Serve?
Job titles serve primarily administrative purposes. They appear on the LCA, the I-129 petition, and various employment records. Titles help organizations categorize positions and communicate roles internally.
However, titles do not bind the legal analysis. If a title suggests senior expertise but duties describe entry-level work, the duties control. If a title sounds generic but duties require advanced specialized knowledge, the position can still qualify.
Choose titles that reasonably reflect the position's function. Significant disconnects between titles and duties invite scrutiny, even though duties ultimately determine compliance.
How Do Job Duties Affect SOC Code Selection?
The SOC code assigned to a position should match the actual duties being performed. The Bureau of Labor Statistics provides detailed descriptions of each occupation code, including typical tasks, required knowledge areas, and common activities.
When completing the LCA, employers must select the SOC code that best represents the position's duties. A software developer who primarily writes code fits a different code than a computer systems analyst who primarily evaluates organizational systems. The code determines which prevailing wage data applies.
Selecting an incorrect SOC code to access lower prevailing wages is a compliance violation. The DOL can audit LCA filings and require correction and back payment if duties do not match the selected code.
Can One Position Fit Multiple SOC Codes?
Many positions involve duties that span categories. A technical lead might perform software development, project management, and system design. In these cases, select the code representing the primary function or where the worker spends most of their time.
Document the rationale for code selection. If audited, employers need to explain why the chosen code accurately reflects the position. Having written justification prepared in advance supports compliance efforts.
When duties genuinely span multiple specialty areas equally, some employers request a prevailing wage determination from the DOL's National Prevailing Wage Center. This formal determination provides more certainty than self-selection.
How Does USCIS Evaluate Job Duties?
USCIS examines job duties to determine whether the position meets the specialty occupation standard. According to 8 CFR 214.2(h)(4)(ii), a specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and attainment of at least a bachelor's degree in a specific specialty.
Adjudicators analyze whether the described duties are complex enough to require degree-level knowledge. Generic duties like "perform technical work" or "assist with projects" do not demonstrate specialty requirements. Specific duties that clearly require specialized education strengthen the petition.
USCIS may issue a Request for Evidence asking for more detailed job duties, evidence that similar positions in the industry require degrees, or explanation of why the specific degree requirement is appropriate for the duties described.
What Level of Detail Should Job Duties Include?
Job duties should be specific enough to demonstrate the complexity and specialized nature of the work. Include the types of problems solved, technologies or methodologies used, analysis performed, and decisions made.
Instead of "develops software," write descriptions like "designs and implements microservice architectures using Java and Spring Boot, analyzes performance bottlenecks using distributed tracing tools, and develops solutions for high-availability requirements in cloud environments."
The level of detail should make clear that performing these duties requires specialized education, not just general skills or on-the-job training.
What Problems Arise from Title-Duty Mismatches?
When job titles suggest senior or complex roles but duties describe basic tasks, both DOL and USCIS may question the filing. A title like "Senior Data Scientist" with duties limited to "generates reports and creates charts" creates an obvious inconsistency.
Mismatches can result in Requests for Evidence, prevailing wage audits, or petition denials. USCIS may conclude that the employer is attempting to artificially inflate the position to meet specialty occupation requirements while actually offering simpler work.
The DOL Wage and Hour Division can investigate employer LCA filings and require corrections if actual duties do not match what was certified. Penalties can include back wages, fines, and potential program debarment.
How Can Employers Avoid Mismatch Issues?
Draft job duties first, then select an appropriate title that reasonably reflects those duties. Review the completed LCA to ensure internal consistency between the title, duties, SOC code, and wage level.
If existing company titles do not fit H-1B requirements well, consider whether a modified or clarified title would be more accurate. The goal is alignment between what the job is called and what the worker actually does.
Have someone outside the drafting process review the complete petition for consistency. Fresh eyes often catch disconnects that become invisible to people who worked closely on the documents.
How Should Duties Be Written for Strong H-1B Petitions?
Strong duty descriptions are specific, detailed, and clearly connected to degree requirements. Each major duty should explain what the worker does, why specialized knowledge is required, and what outcomes result from the work.
Use industry-standard terminology that demonstrates familiarity with the field. Reference specific tools, methodologies, or frameworks where relevant. Avoid jargon that obscures meaning, but do include technical terms that accurately describe the work.
According to USCIS policy guidance, adjudicators evaluate whether duties are those typically performed by professionals in the specialty field. Duties should read like descriptions that would appear in industry job postings for positions requiring the relevant degree.
Should Duties Match the Degree Requirement Exactly?
The duties should require the specific degree field listed in the petition. If the petition states that a bachelor's degree in computer science is required, the duties should be activities that computer science programs prepare graduates to perform.
Generalized duties that could be performed by graduates of many different fields weaken the connection between the degree requirement and the position. Specific duties that clearly draw on knowledge from the required field strengthen this connection.
This alignment matters for the specialty occupation analysis. USCIS questions petitions where the claimed degree requirement does not logically connect to the actual work being performed.
