dismissed H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-C- INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR.21,2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer consulting company, seeks to temporarily employ the Beneficiary as a 
"software engineer" under the H-1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101 (a)(I5)(H)(i)(b), 8 U.S.C. 
§ 110l(a)(l5)(H)(i)(b). The H-1B program allows a U.S. employer to temporarily employ a 
qualified foreign worker in a position that requires both (a) the theoretical and practical application 
of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the evidence of 
record does not establish that the Petitioner has specialty occupation work available for the 
Beneficiary for the entire requested H-1B validity period, and thus, that the proffered position 
qualities as a specialty occupation. 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred 111 her 
findings. Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act defines the term "specialty occupation" as an occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(/) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
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Matter of C-C- Inc 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted the term "degree'' in the criteria at 
8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a 
specific specialty that is directly related to the proposed position. See Royal Siam Cm]J. v. Chertoff; 
484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a specific specialty'' as "one 
that relates directly to the duties and responsibilities of a particular position"); Def'ensor v. Meissner, 
201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In its support letter, the Petitioner submitted the following duties for the proffered position: 
• Perform Software Development Life Cycle (SDLC), Quality Assurance, Quality 
Control, and Testing Plans & Procedures. 
• Perform software system testing and validation procedures, programming, and 
documentation. 
• Research, design, document and modify software specifications throughout the 
production lifecycle. 
• Confer with systems analysts, engineers, programmers and others to design 
system and to obtain information on project lir:nitations and capabilities, 
performance requirements and interfaces. 
• Support existing software to correct errors, or to improve its pert<m11ance. 
• Check Out user needs and software requirements to determine feasibility of 
design within time and budget. 
• Manipulate data for analysis of system capabilities and requirements. 
• Obtain and evaluate information on factors such as repmiing formats required, 
costs, and security needs to determine hardware configuration. 
• Track all environment requests throughout the organization, resolve issues and 
concludes each environment for the assigned projects. 
• Facilitate build requirement discussions, identify risks, and establish timelines to 
meet business milestones. 
• Respond to and resolve emergency build or release issues across ditlerent build 
platforms, while supporting users from different geographical sites. 
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Matter ofC-C- Inc 
• Identify risks within defined scope, quality and time. 
• Assist in improving development and support procedures (e.g. refining coding 
standards, code review checklist from time to time, preparing technical 
presentations etc.). 
According to the Petitioner, the proffered position requires at least a bachelor"s degree in computer 
science, information systems, engineering, business administration, or a related field of study. 
III. ANALYSIS 
For the reasons set out below, we have determined that the Petitioner has not demonstrated that the 
proffered position qualities as a specialty occupation. Specifically, the record ( 1) does not describe 
the position's duties with sufficient detail; and (2) does not establish that the job duties require an 
educational background, or its equivalent, commensurate with a specialty occupation.
1 
To establish eligibility, the Petitioner must describe the specific duties and responsibilities to be 
performed by the Beneficiary in the context of its business operations, demonstrate that a legitimate 
need for an employee exists, and substantiate that it has H-l B caliber work for the Beneficiary for 
the duration of the employment period requested in the petition. See Delensor v. Meiss-ner, 201 F.3d 
at 387; see generally 8 C.F.R. § 214.2(h)(4)(i)(A)(l), (iii)(B)(2), and (iv)(A). 
Here, the job description does not communicate: ( 1) the tasks that the Beneficiary would perform on 
a day-to-day basis; (2) the complexity, uniqueness and/or specialization of those responsibilities; and 
(3) the correlation between that work and a need for highly specialized knowledge and a pat1icular 
level of education in a specific specialty. See generally section 214(i)(l) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2) and (4). 
For example, the Petitioner stated that the Beneficiary will "research, design, document and modify 
software specifications throughout the production lifecycle"; "check out user needs and software 
requirements to determine feasibility of design within time and budget"; "track all environment 
requests throughout the organization, resolve issues and concludes each environment for the 
assigned projects"; and, "respond to and resolve emergency build or release issues across different 
build platforms, while supporting users from different geographical sites." The Petitioner's 
description does not sufficiently convey the substantive nature of the work that the Beneficiary 
would actually perform, or any particular body of highly specialized knowledge that would have to 
be theoretically and practically applied to perform it. 
In addition, the Petitioner provided a project plan that listed the team members that will work on the 
project, and neither the Beneticjary nor the position of software engineer is provided in the plan. 
1 
The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
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Matter ofC-C- Inc 
Without additional information and documentation establishing the specific duties the Beneficiary 
will perform on this project, and the required knowledge to perform these duties, we are unable to 
discern the substantive nature of the position and whether the position indeed qualities as a specialty 
occupation. 
The record of proceedings also lacks documentation regarding the Petitioner's business activities and 
the actual work that the Beneficiary will perform to sufficiently substantiate the claim that the 
Petitioner has H-1 B caliber work for the Beneficiary tor the period of employment requested in the 
petition. The Petitioner stated that the Beneficiary will primarily be working on a project to 
"develop a complete web-based point of care, administration and billing system developed 
specifically for home health agencies and hospice care - The Petitioner claimed that it 
expects the delivery and execution of this new application "within the next 2 years.'' However, it is 
not clear if the Beneficiary will only work on the development of the program, or continue to work 
on it after the delivery of the product. 
In addition, as noted by the Director , the documentation submitted by the Petitioner does not indicate 
any sales or potential clients of the new product. On appeal, the Petitioner submits two letters of 
intent from companies that were prepared approximately six months after the petition was tiled 
stating that they wish to move forward with the licensing of the product once it is 
completed. However, these appear to be general letters of interest and it is not clear if the sale of the 
product to the two companies would provide sufficient work for the Beneficiary as a software 
engineer for the requested H-1 B validity period. 2 
Thus, the Petitioner did not submit sut11cient evidence such as contracts or other corroborating 
evidence that this project will continue until July 2019. 
2 The agency made clear long ago that speculative employment is not permitted in the H-1 B program. For example, a 
1998 proposed rule documented this position as follows: 
Historically, the Service has not granted H-1 B classification on the basis of speculative, or 
undetermined, prospective employment. The H-1 B classification is not intended as a vehicle for an 
alien to engage in a job search within the United States, or for employers to bring in temporary foreign 
workers to meet possible workforce needs arising from potential business expansions or the 
expectation of potential new customers or contracts. To determine whether an alien is properly 
classifiable as an H-1 B nonimmigrant under the statute, the Service must first examine the duties of the 
position to be occupied to ascertain whether the duties of the position require the attainment of a 
specific bachelor's degree. See section 214(i) ofthe Immigration and Nationality Act (the "Act"). The 
Service must then determine whether the alien has the appropriate degree for the occupation. In the 
case of speculative employment, the Service is unable to perform either part of this two-prong analysis 
and, therefore, is unable to adjudicate properly a request for H-1 B classification. Moreover, there is no 
assurance that the alien will engage in a specialty occupation uponarrival in this country. 
Petitioning Requirements for the H Nonimmigrant Classification, 63 Fed. Reg. 30,419, 30,419-20 (proposed June 4, 
1998) (to be codified at 8 C.F.R. pt. 214). While a petitioner iscertainly permitted to change its intent with regard to 
non-speculative employment, e.g., a change in duties or job location, it must nonetheless document such a material 
change in intent through an amended or new petition in accordance with 8 C.F.R. § 214.2(h)(2)(i)(E). 
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Matter o.fC-C- Inc 
As observed above, we must review the actual duties the Beneficiary will be expected to perform to 
ascertain whether those duties require at least a baccalaureate degree in a specific specialty, or its 
equivalent, as required for classification as a specialty occupation. To accomplish that task in this 
matter, we must analyze the actual duties in conjunction with the specific project(s) to which the 
Beneficiary will be assigned. To allow otherwise, results in generic descriptions of duties that, while 
they may appear (in some instances) to comprise the duties of a specialty occupation, are not related 
to any actual services the Beneficiary is expected to provide. The Petitioner has not provided 
sufficient details regarding the nature and scope of the Beneficiary's employment or substantive 
evidence regarding the actual work that the Beneficiary would perform. Without a meaningful job 
description, the record lacks evidence sufficiently concrete and informative to demonstrate that the 
proffered position requires a specialty occupation's level of knowledge in a specific specialty. 
The Petitioner has not established the substantive nature of the work to be performed by the 
Beneficiary, which therefore precludes a finding that the proffered position satisfies any criterion at 
8 C.F.R. § 214.2(h)(4)(iii)(A), because it is the substantive nature of that work that determines (l) 
the normal minimum educational requirement for entry into the particular position, which is the 
focus of criterion 1; (2) industry positions which are parallel to the proffered position and thus 
appropriate for review for a common degree requirement, under the first alternate prong of criterion 
2; (3) the level of complexity or uniqueness of the proffered position, which is the focus of the 
second alternate prong of criterion 2; ( 4) the tactual justification for a petitioner normally requiring a 
degree or its equivalent, when that is an issue under criterion 3; and (5) the degree of specialization 
and complexity of the specific duties, which is the focus of criterion 4. 
IV. CONCLUSION 
As the Petitioner has not established that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A), it cannot be found that the proffered position qualities as a specialty 
occupation. 
ORDER: The appeal is dismissed. 
Cite as Maller o_fC-C- Inc, ID# 273265 (AAO Apr. 21, 2017) 
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