In determining whether a position is a specialty occupation, the USCIS looks at various factors:
- the nature and complexity of the specific job duties
- the job description for the position
- the qualifications of other persons employed in the position
- the advertisements used to recruit for the position
- the advertisements and job orders used by employers in the same industry in seeking to fill the postion and
- the positions requirement as reflected in the Department of Labor's Occupational Outlook Handbook.