dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 5790454 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 16, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
101(a)(15)(H)(i)(b), 8 U.S.C. § 110l(a)(15)(H)(i)(b). The H-lB 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 California Service Center denied the petition, concluding that the evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. On appeal, 
the Petitioner provides a brief and asserts that the Director erred in denying the petition. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 1 
I. LEGAL FRAMEWORK 
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. 
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 offered position 
must meet one of the following criteria to qualify as a specialty occupation: 
1 We follow the preponderance of the evidence standard. Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010) . 
(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). We construe the term "degree" 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. 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"). 
II. PROFFERED POSITION 
The Petitioner is engaged in the providing products and support for water and energy utilities, offering 
its customers "meters and edge devices, advanced metering infrastructure (AMI), headend and 
customer engagement software, installation services and provision of labor with a single point of 
accountability to utilities." 
On the labor condition application (LCA)2 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Network and Computer Systems 
Administrators" corresponding to the Standard Occupational Classification (SOC) code 15-1142. 3 It 
seeks to employ the Beneficiary as a "system administrator - SGS" (SA-SGS), and submitted 
information about the proffered job duties, which we will summarize here for the sake of brevity. For 
instance, in response to the Director's request for evidence (RFE), the Petitioner also provided an 
updated job description for the proffered position, as follows:4 
2 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1 B worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the employer 
to other employees with similar experience and qualifications who are performing the same services. Section 212(n)(l) 
of the Act; 20 C.F.R. § 655.73l(a). 
3 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). A wage 
determination starts with an entry level wage and progresses to a higher wage level after considering the experience, 
education, and skill requirements of the Petitioner's job opportunity. 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. 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/pdti'NPWHC _Guidance_ Revised_ I I_ 2009 .pdf 
4 We acknowledge that the Petitioner submitted additional information for the job duties, which, for the sake of brevity, 
have not been included herein. However, this material has been closely reviewed and considered, as with all evidence in 
2 
• Install and configure internal corporate servers that support local and remote end­
users; 
• Act as Tier 1 Helpdesk single point of contact for SGS [Smart Grid Solutions]; 
• Work all assigned Tier 1 tickets through to resolution using ITSM [IT Service 
Management] tool; 
• Work all assigned Tier 2 tickets through to resolution using ITSM tool; 
• Mobile device management and coordinate repairs via multiple hardware repair 
channels to ensure minimal impact to field installers; 
• Work with management team and Finance to align business needs and coordinate 
procurement of various mobile devices; 
• Perform ad hoc remote security audits to ensure security standards align with 
customer contracts; 
• Responsible for all asset management from procurement, support & repair, to 
project tumdown; 
• As part of a mobility support team, will analyze mobile device failures and trends; 
monitor both hardware and software to insure minimal impact to field ops 
productivity 
• Install, configure and manage SGS Development server environments to support 
internal test and development for SGS proprietary software []; 
• Setup and administer SGS secure File Transfer Protocol (FTP) servers to support 
ongoing test environments; 
• Ensure Change Control procedures [are] in place and accord with ITIL standards; 
• Provide basic SQL support to development team; 
• Server backup in enterprise environment; 
• Maintain and update technical documentation, including server information, 
instructional network of documentation and any other hardware/software on 
network. 
The Petitioner also provided a high level description about the scope of the proffered position within 
its IS managed support team, noting: 
[The] Beneficiary will work 40 hours a week, as part of a managed IS mobility support 
team that supports 1,000+ multiplatform hardware devices (e.g., Panasonic, Zebra, 
CAT S 60, etc.) over 11 + U.S. states [] with contracts ranging from 1 to 5 years in 
duration for the end purpose of utility meter installation; additionally the Beneficiary 
will work alongside our internal IT group in the capacity of Tier 1 (Helpdesk) and Tier 
2 (Server Administration). The percentage of Tier 1 versus Tier 2 may be subject to 
change [as] needed. In general, it will require 75% devoted to Tier 1 and 25% devoted 
to Tier 2. 
the record. For instance, the Petitioner included descriptions of the information technology tools and knowledge needed 
for various job duties, such as "skills required include Windows server administration (2012 R2 and 2016 R2), back-end 
architecture, including databases, data backup methodology, and scripts for specific applications and user needs." It also 
provided general knowledge requirements for the position, such as ·'excellent written and oral communication skills as 
well as remote and video conferencing knowledge and ability to interact in a positive manner with customers." 
3 
The Petitioner stated that the minimum requirement to perform these duties is a "[b ]achelor' s degree 
or equivalent in Computer Science or a related field (or its equivalent)." 
III. ANALYSIS 
For the reasons set out below, we determine that the proffered position does not qualify as a specialty 
occupation. Specifically, the record provides insufficient information regarding the proffered position, 
which in tum precludes us from understanding the position's substantive nature and the determination 
of whether the proffered position qualifies as a specialty occupation. 5 
A crucial aspect of this matter is whether the Petitioner has sufficiently described the duties of the 
proffered position such that we may discern the nature of the position and whether the position actually 
requires the theoretical and practical application of a body of a highly specialized knowledge attained 
through at least a baccalaureate degree in a specific discipline. The Petitioner has not provided this 
evidence. 
When discussing H-lB employment, the Petitioner's job description must be comprehensive enough 
to properly ascertain the minimum educational requirements necessary to perform those duties. Here, 
the Petitioner did not provide adequate detail for the Beneficiary's duties specific to his assignment 
on the IS managed support team to establish the complexity or uniqueness of the job duties, the 
independent judgment required, or the amount of supervision received. Therefore, the Petitioner has 
not distinguished the proffered position as more complex or unique from other positions that can be 
performed by persons without such a degree. For example, the Petitioner stated that the Beneficiary 
would spend 75% of his time devoted its Tier 1 helpdesk, and the other 25% of his time devoted to its 
Tier 2 server administration function. Though requested by the Director in her RFE it did not identify 
the percentage of time, or overall frequency of the position's job duties, or otherwise indicate which 
of the tasks listed above would be performed under the Tier 1 helpdesk or Tier 2 server administration 
functions, beyond noting that the Beneficiary would be responsible for"[ w ]ork[ing] all assigned [Tier 
1 and Tier 2 tickets] through to resolution using ITSM tool." Therefore, we conclude that the 
Petitioner did not provide sufficient information with regard to the order of importance or frequency 
of occurrence ( e.g., regularly, periodically, or at irregular intervals) with which the Beneficiary will 
perform the duties. Thus, the record does not specify which tasks are major functions of the proffered 
position. 
Additionally, the Petitioner's description of the position's responsibilities and duties is non-specific. 
For instance, the Beneficiary's duties of"[e]nsure Change Control procedures [are] in place and accord 
with ITIL standards," "[ m ]obile device management and coordinate repairs via multiple hardware 
repair channels .... ," and "[p ]rovide basic SQL support to development team" are insufficient. These 
descriptions do not provide the information necessary to determine the actual tasks performed and if 
the tasks are low-level tasks, tasks that may require a postsecondary technical certificate or an 
associate's degree, or tasks that actually require a bachelor's level of knowledge in a specific specialty 
5 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. 
4 
to perform the work. 6 Such general descriptions do not illuminate the substantive application of 
knowledge involved or any particular educational requirement associated with such duties. 
Generalized descriptions of the duties do not establish a necessary correlation between the proffered 
position and a need for a particular level of education, or its equivalency, in a body of highly 
specialized knowledge in a specific specialty. 
Moreover, the material in the record suggests that the Petitioner hires individuals at varying levels for 
different computer systems administration roles. For example, the Petitioner submitted one of its job 
announcements indicating that the advertised position is a "Senior System Administrator - Saas 
Operations." While the Director in the RFE requested organization charts that would delineate the 
Petitioner's staffing hierarchy, the Petitioner did not provide the requested evidence, or otherwise 
sufficiently address this aspect. The Petitioner did not specify the level of the position it proffers, 
though we note that the Petitioner designed the position as appropriate for the Level I wage within the 
LCA. 7 We also observe that server maintenance and systems support duties, such as "[ s ]erver backup 
in enterprise environment," [i]nstall and configure internal corporate servers that support local and 
remote end-users," and "[ m ]aintain and update technical documentation" duties stated by the 
Petitioner, could also be performed by a computer network support specialist or a similar support role. 8 
These aspects of the proffered position suggest that it may be a computer network support specialist 
role rather than a network and computer systems administrator position. Therefore, we are unable to 
determine complexity and specialization of the proffered position in relation to the other system 
administrator positions within the Petitioner's business operations. 
The Petitioner relies on the opinion letter written by I I Associate Professor at theO 
I I College of TechnologyJ I to support its assertion that the 
proffered position "requires a Bachelor's degree in a specific specialty as the normal, minimum 
requirement for entry into the role." The professor concludes that the duties of the SA-SGS position 
"could not possibly be performed without a Bachelor's Degree ... Even a graduate degree of a 
bachelor's program in a general business or science field would be unable to handle the required job 
duties because he or she would lack the educational underpinning necessary to execute the highly 
quantitative and technical [] duties .... " However, his level of familiarity with the actual job duties 
as they would be performed in the context of the Petitioner's business has not been substantiated. For 
example, the professor states that the proposed position involves "highly specialized duties" and that 
in the role of the Petitioner's SA-SGS, the Beneficiary "would play an instrumental role in the 
6 For example, the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) states that some employers 
may require only a postsecondary certificate or an associate' s degree for a network and computer systems administrator 
position. Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Network and Computer 
Systems Administrators, on the Internet at https://www.bls.gov/ooh/computer-and-information-technology/print/network­
and-computer-systems-administrators.htm (last visited Jan. 15, 2020). 
7 On appeal, the Petitioner asse1is that wage level I does not preclude a proffered position from classification as a specialty 
occupation and cites to our nonprecedent decisions. We agree that the wage level designation may be a relevant factor but 
is not itself conclusive evidence that a proffered position meets the requirements of section 214(i)(l) of the Act. 
8 For example, the Handbook states that computer network support specialists "play an important role in the routine 
maintenance of their organization's networks," "may assist computer users through phone, email, or in-person visits," and 
often work under network and computer systems administrators who handle more complex issues. Bureau of Labor 
Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Computer Support Specialists, on the Internet at 
https://www.bls.gov/ooh/computer-and-information-technology/print/computer-support-specialists.htm (last visited Jan. 
15, 2020). 
5 
development of innovative and transformative technology solutions for Company clients. . . ." 
However, the professor does not discuss the varying levels of the system administration positions 
within the Petitioner's business operations and to which level the proposed duties correspond. The 
professor's statements raise questions regarding his claimed familiarity with the Petitioner's company, 
as well as the proffered position. 
In his analysis of the proffered position, the professor repeats the list of the Beneficiary's duties as 
submitted by the Petitioner and follows it with a discussion of the coursework involved in obtaining a 
typical bachelor's degree in computer science. The professor then links some of the Beneficiary's 
duties in the proffered position to a course of study in the computer science bachelor's degree program. 
While we acknowledge that the professor may be attempting to demonstrate how an established 
curriculum of courses leading to a bachelor's degree in a specific specialty is required to perform the 
duties of the proffered position, we cannot agree with his analysis. Here, the professor confuses the 
ability of a degreed computer science person to perform the duties of the proffered position with a 
degree requirement in order to perform the duties. While the professor may draw inferences that 
computer science related courses may be beneficial in performing certain duties of the position, we 
disagree with his inference that such a degree is required in order to perform the duties of the proffered 
position. Put simply, stating that a person with a bachelor's degree in computer science could perform 
the duties of the proffered position is not the same as stating that such a degree is required to perform 
those duties. As such, the professor's analysis misconstrues the statutory and regulatory requirements 
of a specialty occupation. 
Further, the professor states that "[ a ]mong industry professionals, it is widely recognized that 
individuals holding a position such as the [SA-SGS] position herein necessarily must have at least a 
bachelor's-level degree in Computer Science, or a related field," but he does not specify the source of 
his information about typical hiring practices for parallel positions within the industry. The professor's 
opinion letter does not substantiate his conclusions, such that we can conclude that the Petitioner has 
met its burden of proof 
We may, in our discretion, use opinion statements submitted by the Petitioner as advisory. Matter of 
Caron Int 'l, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). However, where an opinion is not in accord 
with other information or is in any way questionable, we are not required to accept or may give less 
weight to that evidence. Id. For the sake of brevity, we will not address other deficiencies within the 
professor's analyses of the proffered position. 
In summary, the Petitioner asserts that the described duties fall within the occupational classification 
of a network and computer systems administrator occupation and that this position requires at least a 
bachelor's degree in computer science, or a related field. However, without a more complete 
description and specific information detailing what role the Petitioner expects the Beneficiary to play 
within its organization, we cannot conclude that the Beneficiary's actual position and overall level of 
responsibility require the theoretical and practical application of a body of highly specialized 
knowledge, and the attainment of a baccalaureate or higher degree in the specific specialty as the 
minimum for entry into the occupation. 
6 
Without probative documentation detailing the work the Beneficiary will perform, as well as evidence 
establishing that the work requires a bachelor's degree in a specific discipline, or its equivalent, the 
Petitioner has not established that the proffered position qualifies as a specialty occupation. 9 In other 
words, without demonstrating the substantive nature and requirements of the position, the Petitioner 
has not shown 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: (1) the normal minimum educational 
requirement for 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 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. 
As the Petitioner has not established that it satisfies any of the criteria at 8 C.F.R. § 2 l 4.2(h)( 4)(iii)(A), 
it has not established that the proffered position qualifies as a specialty occupation. 10 
IV. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
9 Tt is the Petitioner's burden to prove by a preponderance of evidence that it is qualified for the benefit sought. Matter of 
Chawathe, 25 T&N Dec. at 376. In evaluating the evidence, eligibility is to be determined not by the quantity of evidence 
alone but by its quality. Id. 
10 As the lack of probative evidence in the record precludes a conclusion that the proffered position is a specialty occupation 
and is dispositive of the appeal, we will not further discuss the Petitioner's assertions on appeal regarding the criteria under 
8 C.F.R. § 214.2(h)(4)(iii)(A). 
7