On July 1, the Foreign Labor Certification Data Center officially changed over to a new set of Standard Occupational Classification (SOC) codes published by the O*NET database. While the O*NET updated the SOC code some time ago, the new codes had not yet become available for filing Labor Condition Applications (LCA), since the FLC Data Center had not changed over. This resulted in a time period when H-1B petitioners were forced to file LCAs using old, outdated SOC codes, even though the O*NET reflected new codes for all positions. Now that the FLC Data Center has officially changed over, the old codes can no longer be used and only the new codes will be available for LCA filing. This is good news, as it will result in less confusion and streamline the process.
The Occupational Outlook Handbook (“OOH”), which USCIS considers an authoritative source, has similarly been updated. In amending the OOH to reflect the new occupational categories outlined by the O*NET, the OOH has also revised the degree requirements for several positions. This is very important since USCIS regularly consults the OOH to determine whether a position is a specialty occupation based on the degree requirement listed.
While most of the SOC codes remain the same substantively, with the only change being a new identifying code number, there are some significant changes H-1B Petitioners should be aware of. First, the OOH updates have changed many of the previous degree requirements, which has specialty occupation implications. For example, most of the IT-related SOC codes have been updated to include math and/or general engineering as an acceptable degree for many positions. Since USCIS has regularly targeted general engineering as well as math requirements in the past, we could see this come up in Requests for Evidence (RFEs). However, since the OOH specifically says, “or a related field like engineering or mathematics,” it would be difficult for USCIS to claim these are unrelated fields. USCIS has always considered the OOH to be an authoritative source, so the fact the OOH specifically deems these fields “related” should prevent any inquiry. Still, it’s something to be aware of, since this is a clear shift from the previous degree requirements listed.
On that same note, since many of the OOH profiles have been updated, Petitioners should be careful to choose the SOC code that best corresponds to the position, rather than defaulting to the “stronger” codes based on the previous OOH profiles. For several years, Software Developer was considered the best IT-related SOC code, based on the profile in the OOH which showed a bachelor’s degree in a very narrowly tailored set of fields. However, the education requirement listed in the Software Developer OOH profile is now nearly identical to most of the other IT-related positions, such as Computer Programmer. As such, it is better to choose the SOC code that best matches the position, rather than trying to fit a position under what is perceived as a stronger code. In other words, if it really a programmer role, use the Computer Programmer SOC code, rather than the code for Software Developer. Failing to use the most appropriate SOC code can result in an RFE or even denial, as the LCA must be filed with the code that best matches the position. Since the degree requirements are now largely identical for IT-related codes, the best practice is to identify the position’s responsibilities and requirements and then decide on the best SOC code, rather than the other way around.
Finally, the updates to the O*NET rolled out some new SOC codes, which did not previously exist. This is particularly helpful for IT-related H-1B petitioners, as we are seeing an expansion of the past categories, to add new codes and titles which were not previously covered by the O*NET or which previously fell into a generic “all other” SOC code category. For example, the O*NET has given Database Architect its own SOC code under 15-1243 and Software Quality Assurance Analysts and Testers are now covered by 15-1253, which is included in the OOH. Formerly, Quality Assurance related roles fell under 15-1199.01, a generic, all-other category that was not covered by the OOH. As the O*NET has now expanded the IT-related occupational categories, it will be easier for H-1B Petitioners to file LCAs with an SOC code that closely matches the position. This will increase success with the H-1B program.
If you have any questions about the new SOC codes or what the O*NET/OOH changes mean for H-1B Petitioners, please reach out to an ILBSG attorney today. We are here to help.
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