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Marco Scanu, CEO of Visa Business Plans, recently returned from the AILA RDC EMEA Spring Conference in Geneva, Switzerland. For a few days, he was in a room with U.S. immigration attorneys from across Europe, the Middle East, and beyond, listening to how cases are actually being reviewed today.
This blog is part of a series where we’re sharing what came out of those conversations. Not just legal updates, but the real patterns attorneys are seeing in adjudications right now. The kind of insights that don’t always show up in official guidance but are shaping outcomes every day.
One of those conversations kept coming back to H-1B cases.
If you’ve been around H-1Bs long enough, you already know the standard question: Is this a specialty occupation?
That question still matters. But what became clear in Geneva is that it’s no longer enough on its own.
There’s another question officers are asking, sometimes directly, sometimes indirectly. And once you hear it, you start to see why certain cases struggle.
Who is handling the non-qualifying duties?
On paper, an H-1B role must require specialized knowledge and at least a bachelor’s degree in a specific field. That part hasn’t changed. But what attorneys kept pointing out is that officers are looking beyond the description and into how the role actually plays out day to day.
In real businesses, especially smaller or growing ones, roles rarely consist solely of high-level tasks. There’s always a mix. Some responsibilities require specialized expertise. Others are more routine, operational, or administrative.
And that’s where things start to break down.
If there’s no clear explanation of how those routine tasks are handled, the assumption becomes simple. The H-1B employee will do them. And once that assumption is made, the position starts to lose its strength as a specialty occupation.
This is one of the most common gaps attorneys discussed. Not because the role itself isn’t qualified, but because the structure around it isn’t clearly explained.
You might have a strong title. You might have a well-written job description. But if the company doesn’t show who is taking care of the non-specialty work, the case can quickly become vulnerable.
What a strong case does differently is that it doesn’t try to ignore this reality. It leans into it and explains it clearly.
It shows how the role fits into the company. It breaks down responsibilities in a way that reflects how work is actually done. It makes it clear who is responsible for what, including the routine and support tasks that are part of every business.
Instead of saying “the employee will manage projects,” it goes a step further and explains what that actually means. What level of decision-making is involved. What kind of work sits below that level. And who is handling it.
That level of clarity is what officers are responding to more and more.
This is exactly why being in Geneva mattered. These weren’t theoretical discussions. They were real examples from attorneys dealing with cases under current scrutiny.
Visa Business Plans was the only company focused on immigration business plans attending the conference. Being part of those conversations allows us to stay aligned with how adjudications are evolving and to continuously adapt how business plans are structured so they reflect what officers are actually looking for today.
At the end of the day, an H-1B case is not just about proving that a job is specialized.
It’s about proving that the person in that role will actually spend their time doing specialized work.
And that only works when everything around that role is clearly accounted for. A business plan can help do this.
In the next article, we’ll share another insight from Geneva that is starting to shape how cases are being evaluated in practice.
Contact us today to get startedThe information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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