dismissed H-1B Case: Electrical Engineering

MATTER OF Z-T- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 20, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an applied electronics technology company, seeks to temporarily employ the 
Beneficiary as an "electrical engineer" under the H-IB nonimmigrant classification for specialty 
occupations. See section IOI(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. § IIOI(a)(l5)(H)(i)(b). The H-IB 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, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner had not demonstrated that it would employ the Beneficiary in a specialty occupation 
position. 
The matter is now before us on appeal. In its appeal, the Petitioner asserts that the evidence is 
sufficient to meet its burden and that the visa petition should be approved. 
Upon de novo review, we will dismiss the appeal. 
I. SPECIALTY OCCUPATION 
A. Law 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), 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. 
Matter ofZ-T- LLC 
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: 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(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). U.S. Citizenship and Immigration Services (USCIS) has 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 Corp. v. Chertojj; 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"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
B. Proffered Position 
In the H-IB petition, the Petitioner stated that the Beneficiary would serve as an "electrical 
engineer." In a letter submitted with the visa petition, the Petitioner stated: "[The Beneficiary's] job 
duties include: Research, design, test, or supervise the manufacturing and installation of electrical 
equipment, components, or systems for commercial use." 
In a job description provided in response to a request for evidence (RFE), the Petitioner described 
the duties of the proffered position as follows: 
Responsibilities: 
• Design and Develop (30%, accounting for 30% of all work time) -
Regular work 
• Develop and validate applications circuits of LED products including 
LED modules and controls. 
• Design constant-current drive systems for high brightness LED, 
including analog and digital circuitry with embedded systems. 
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Matter of Z-T- LLC 
• Design and develop commercial LED array layouts and perform 
circuit simulations. 
• Supervise (20%)- Regular Work 
• Supervise the production process for products in cooperation with a 
factory in China, through communication via email and telephone; 
assist in solving potential technical problems; ensure projects are 
completed satisfactorily, on time, and within budget. 
• Analyze the feasibility of development methods for new products 
provided by the cooperating factory, as well as analyze the technical 
reliability of the product prototypes before producing the new products 
in large quantities. 
• Test and Evaluate (20%) --Regular work 
• Test and evaluate the nature, craftsmanship, quality and endurance of 
sample products provided by suppliers. Provide purchase suggestions 
for employer to reduce and mitigate procurement risks. 
• Research (20%)- Regular Work 
• Investigate and analyze products with high return rates. IdentifY the 
root causes of return. Provide suggestions to improve products and 
discuss solutions with cooperating factory or suppliers. 
• Investigate feedback from customers or the public, evaluate problems, 
recommend solutions, and propose new ideas and concepts for 
continuous improvement in new product development with the goal of 
creating cost effective and reliable products. 
• Diagnose and eliminate faults (10%)- Regular work 
• Diagnose and eliminate faults of hardware and software of return 
products, including electrical elements, control circuits, driver chips, 
and components of embedded systems. 
According to the Petitioner, the position requires a bachelor's degree in electrical engineering. 
C. Analysis 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
Specifically, the record (1) does not describe the position's duties with sufficient detail; and (2) does 
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Matter ofZ-T- LLC 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation.' 
On the labor condition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Electrical Engineers" 
corresponding to the Standard Occupational Classification code 17-2071. However, the Director 
found that the proffered position is an electrical engineering technician position, and denied the 
petition on the basis of her determination that such positions generally do not merit classification as 
specialty occupation positions. On appeal, the Petitioner objects to that characterization of the 
proffered position, and reiterates its assertion that the proffered position is in fact an electrical 
engineering position. 
However, in establishing the position as a specialty occupation, the Petitioner must describe the specific 
duties and responsibilities to be performed by the Beneficiary in the context of the Petitioner's business 
operations. users looks at the nature of the business offering the employment and the description of 
the specific duties of the position as it relates to the particular employer, as described in the Form 1-129, 
Petition for a Nonimmigrant Worker, and the documents filed in support of the petition. It is only in 
this manner that the agency can determine the exact position offered, the location of employment, the 
proffered wage, and other salient aspects of the proposed employment. 
Thus, a crucial aspect of this matter is whether the Petitioner has adequately described the duties of the 
proffered position within the context of the Petitioner's operations, such that users may discern the 
nature of the position and whether the position indeed requires the theoretical and practical application 
of a body of highly specialized knowledge attained through at least a baccalaureate degree in a specific 
discipline. We find that the Petitioner has not done so here. 
To inform this inquiry, we refer to the U.S. Department of Labor's (DOL) Occupational Outlook 
Handbook (Handbook) as an authoritative source on the duties and educational requirements of the 
wide variety of occupations that it addresses? The Handbook states the following pertinent to the 
duties of electrical engineers: 
Electrical engineers design, develop, test, and supervise the manufacturing of 
electrical equipment, such as electric motors, radar and navigation systems, 
1 The Petitioner submitted documentation to support the H-1 8 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. 
2 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USC IS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
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Matter of Z- T- LLC 
communications systems, or power generation equipment. Electrical engineers also 
design the electrical systems of automobiles and aircraft .... 
Duties 
Electrical engineers typically do the following: 
• Design new ways to use electrical power to develop or improve 
products 
• Perform detailed calculations to develop manufacturing, construction, 
and installation standards and specifications 
• Direct the manufacture, installation, and testing of electrical equipment 
to ensure that products meet specifications and codes 
• Investigate complaints from customers or the public, evaluate 
problems, and recommend solutions 
• Work with project managers on production efforts to ensure that 
projects are completed satisfactorily, on time, and within budget 
Electronics engineers typically do the following: 
• Design electronic components, software, products, or systems for 
commercial, industrial, medical, military, or scientific applications 
• Analyze customer needs and determine the requirements, capacity, and 
cost for developing an electrical system plan 
• Develop maintenance and testing procedures for electronic 
components and equipment 
• Evaluate systems and recommend design modifications or equipment 
repmr 
• Inspect electronic equipment, instruments, and systems to make sure 
that they meet safety standards and applicable regulations 
• Plan and develop applications and modifications for electronic 
properties used in parts and systems in order to improve technical 
performance 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Electrical and Electronics Engineers," http://www.bls.gov/ooh/architecture-and-engineering/ 
electrical-and-electronics-engineers.htm#tab-2 (last visited July 19, 20 16). 
The Handbook describes the duties of electrical and electronics engineering technicians as follows: 
Electrical engineering technicians typically do the following: 
• Put together electrical and electronic systems and prototypes 
• Build, calibrate, and repair electrical instruments or testing equipment 
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Matter of Z-T- LLC 
• Visit construction sites to observe conditions affecting design 
• Identify solutions to technical design problems that arise during the 
construction of electrical systems 
• Inspect designs for quality control, report findings, and make 
recommendations 
• Draw diagrams and write specifications to clarify design details of 
experimental electronics units 
Electrical engineering technicians install and maintain electrical control systems and 
equipment, and modify electrical prototypes, parts, and assemblies to correct 
problems. When testing systems, they set up test equipment and evaluate the 
performance of developmental parts, assemblies, or systems under simulated 
conditions. They then analyze test information to resolve design-related problems. 
Electronics engineering technicians typically do the following: 
• Design basic circuitry and draft sketches to clarity details of design 
documentation, under engineers' direction 
• Build prototypes from rough sketches or plans 
• Assemble, test, and maintain circuitry or electronic components 
according to engineering instructions, technical manuals, and 
knowledge of electronics 
• Adjust and replace defective circuitry and electronic components 
• Make parts, such as coils and terminal boards, by using bench lathes, 
drills, or other machine tools 
Electronics engineering technicians identify and resolve equipment malfunctions and 
then work with manufacturers to get replacement parts. They also calibrate and 
perform preventative maintenance on equipment and systems. 
These technicians often need to read blueprints, schematic drawings, and engineering 
instructions for assembling electronic units. They also write reports and record data 
on testing techniques, laboratory equipment, and specifications. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Electrical and Electronics Engineering Technicians,'' http://www.bls.gov/ooh/architecture-and­
engineering/electrical-and-electronics-engineering-technicians.htm#tab-2 (last visited July 19, 20 16). 
On appeal, the Petitioner stated that the proffered position is clearly an electrical engineer position, 
because it involves designing modules and controls rather than repairing them. Specifically, the 
Petitioner asserts "'technician' jobs are more on the repair side instead of design side. They cannot 
design, but only repair." However, the Handbook does not support the distinction urged by the 
Petitioner. According to the Handbook, technicians also design basic circuitry, assemble electrical 
and electronic systems and prototypes, and build electrical instruments or testing equipment. The 
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Matter of Z-T- LLC 
design/repair dichotomy urged by the Petitioner is not supported by the Handbook or by any other 
evidence in the record. 
We further note that the record of proceedings does not contain sufficient evidence regarding the 
Petitioner's business operations. For H-IB approval, the Petitioner must demonstrate a legitimate 
need for an employee exists and to substantiate that it has H-1 B caliber work for the beneficiary for 
the period of employment requested in the petition. It is incumbent upon the Petitioner to 
demonstrate it has sufficient work to require the services of a person with at least a bachelor's degree 
in a specific specialty, or its equivalent, to perform duties at a level that requires the theoretical and 
practical application of at least a bachelor's degree level of a body of highly specialized knowledge 
in a specific specialty for the period specified in the petition. 
The Petitioner submitted some documents regarding its business operations including a company 
brochure and Internet printouts from its website. However, the documents only provide a list of 
LED products and do not provide sufficient information regarding the nature of the Petitioner's 
operation. The Petitioner also submitted purchase orders from vendors and asserted that "the nature, 
craftsmanship, quality and endurance of sample products provided by suppliers need to be tested and 
evaluated before purchase." The record also contains a cooperation agreement between the 
Petitioner and a company in China (supplier) which states that "[the Petitioner] shall provide design 
schemes to [the supplier]; [the supplier] shall manufacture and provide customized products for [the 
Petitioner]." However, the organization chart indicates that the Petitioner currently employs two 
sales personnel, a bookkeeper, and a general manager. Notably, the duties of these positions do not 
involve designing and testing products. The Petitioner has been in business since 2008; it is not 
clear how the Petitioner has been testing, evaluating and designing products, when it does not have 
any personnel to perform such function. Further, the record does not contain corporate tax returns to 
substantiate its operations or photographs of its physical premises to accommodate proposed duties 
such as "design and develop commercial LED array layouts and perform circuit simulations." We 
find that the record of proceeding 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 I B caliber work for the Beneficiary for the period of employment requested in the 
petition. 
Further, the Petitioner indicated that the proffered position is an entry-level position on the LCA. 
However, the Petitioner also indicated that the Beneficiary's position involves supervisory and 
decision-making duties that require exercising judgement and independent evaluation. For example, 
the Petitioner stated that the Beneficiary will "supervise the production process," "analyze the 
feasibility of development methods for new products," and "test and evaluate the nature, 
craftsmanship, quality and endurance of sample products. However, according to the "Prevailing 
Wage Determination Policy Guidance" issued by the U.S. Department of Labor (DOL), a Level I 
wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to 
have a basic understanding of the occupation. This wage rate indicates: (I) that the Beneficiary will 
be expected to perform routine tasks that require limited, if any, exercise of judgment; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he 
will receive specific instructions on required tasks and expected results. The Petitioner's designation 
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Matter of Z-T- LLC 
of the proffered position as a Level I, entry-level position further undermines the reliability of the 
description of the proffered position.3 
As discussed above, the evidence of record contains inconsistencies and deficiencies with respect to 
the proffered position and the Petitioner's operations. These inconsistencies and deficiencies 
preclude us from discerning the substantive nature of the proffered position. We are therefore 
precluded from finding that the proffered position satisfies any criterion at 8 C.P.R. 
§ 214.2(h)(4)(iii)(A), because it is the substantive nature of that work that determines (I) the normal 
minimum educational requirement for the particular position, which is the focus of criterion I; 
(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 factual 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. 
For the reasons related in the preceding discussion, the Petitioner has not established that it has 
satisfied any of the criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A) and, therefore, it cannot be found that 
the proffered position qualifies as a specialty occupation. The appeal will therefore be dismissed on 
that basis. 
II. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation.4 The burden is on the 
Petitioner to show eligibility for the immigration benefit sought. Section 291· of the Act, 8 U.S.C. 
§ 1361; Matter of Otiende, 26 l&N Dec. 127, 128 (BIA 20 13). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofZ- T- LLC, ID# I 7220 (AAO July 20, 20 16) 
3 See U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _ 
Guidance_Revised_ll_2009.pdf. 
4 As this matter precludes approval of the petition, we will not address any of the additional deficiencies we observe in 
the record of proceedings. However, if the Petitioner is able to overcome this matter, USCIS must explore the following 
issues before approving the petition: (I) whether the Beneficiary is qualified to perform the duties of the proffered 
position; and (2) whether the LCA supports and corresponds to the petition. 
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