Does the position offered to the foreign worker have to be a ‘specialty occupation’?

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Yes. In essence this means that either: a bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position; the degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position; the employer normally requires a degree or its equivalent for the position; or the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.