dismissed H-1B Case: Information Technology

MATTER OF F -S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 19, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology services firm, seeks to temporarily employ the Beneficiary 
as a network administrator under the H-1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(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 of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
On appeal, the Petitioner asserts that the Director erred i~ denying the petition. 
Upon de novo review, we will dismiss the appeal. 
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 proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter of F-S-
(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 have consistently interpreted 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. Cherto.ff;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). 
II. PROFFERED POSITION 
In response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the proffered position: 
• Provide strategic technical direction, roadmap design, installation, and configuration 
of all IP-based PBX telephone systems/services 
• Maintain back-ups of all network configurations 
• Provide third level support for Technical Support and Application Support teams 
• Provide proactive monitoring of network components 
• Ensure that the network infrastructure meets security requirements 
• Install computer networks such as local area networks (LANs), wide area networks 
(WANs), in Internet, intranets, and other data communications systems. 
• Install server hardware and software infrastructure. 
• Set up user accounts and passwords. 
• Interact and negotiate with vendors, outsourcers, and contractors to secure network 
products and services. 
• Conduct research on network products, services, protocols, and standards in support 
of network procurement and development efforts. 
• Manage servers, including e-mail, print, internal services for source control, wiki and 
issue tracking and maintain and verify backup servers/systems. 
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Matter ofF-S-
• Ensure effective capacity planning 
• Maintain and manage network services including DNS and email 
The Petitioner went on to list several activities the Beneficiary will perform on a daily basis, under 
the umbrellas of network, check firewall logs, check server event logs, backup/restore, review the 
VOIP devices functioning, system update checks, and development. The Petitioner listed several 
activities the Beneficiary will perform on a weekly basis, under the umbrellas of update the 
anti-virus for servers as well as workstations, physical check of servers, maintenance check of 
routers/hubs/switches, free disk space, and create weekly incident reports. The Petitioner then listed 
several activities the Beneficiary will perform on a monthly basis, under the umbrellas of update 
inventory, user audit for servers, and miscellaneous. Finally, the Petitioner listed several activities 
the Beneficiary will perform on a yearly basis, under the umbrellas of design/upgrade and 
documentation. 
In its initial letter of support, the Petitioner stated that the minimum entry requirement for the 
proffered position is a bachelor's degree in computer science, or a closely related technical field of 
study, as well as some relevant experience. 
III. ANALYSIS 
We have determined that the profiered position does not qualify as a specialty occupation. 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 
We note that the Director found that the Petitioner did not demonstrate "that there will be specialty 
occupation work available for the [B]eneficiary for the requested validity period," and as such, the 
Petitioner did not establish "that the duties of the proffered position for the beneficiary require a 
specialty occupation and that it has sufficient work for the requested period of intended 
employment." The Director further found that the evidence does not establish that the otTer of 
employment is "authentic." On appeal, the Petitioner asserts that the Beneficiary will not work on 
external projects for its customers. Rather, the Beneficiary will support the Petitioner's internal IT 
systems. 
The Petitioner's initial letter of support specifically stated that the Beneficiary will work "in-house" 
at its offices in California; however, based on the lack of evidence regarding the actual 
project(s) that the Beneficiary will be working on, in-house or offsite, we agree with the Director 
that the Petitioner did not establish that the duties of the proffered position require a specialty 
occupation. The Petitioner submitted a list of general network administrator duties and a brochure 
discussing the Petitioner's IT staffing, managed IT, and business process outsourcing services. The 
record of proceedings does not, however, contain any evidence of actual work that is available for 
the Beneficiary to perform. There is no evidence of any outstanding or active projects that the 
Beneficiary could work on. 
Matter of F-S-
The Director's RFE specifically requested evidence that the Petitioner has "sufficient specialty 
occupation work that is immediately available upon the [B]eneticiary's entry into the United States 
through the entire request H-1B validity period .... " The Director provided a list of evidence that 
the Petitioner could provide ·such as a "detailed description of the in-house projects that the 
[B]eneficiary would be involved in," photographs of the U.S. business premises, and copies of 
contracts or statements of work. While photographs of the U.S. premises were· submitted, no 
evidence of actual projects was submitted. As such, the record of proceedings does not contain 
sufficient evidence of the actual duties the Beneficiary will be expected to perform on a day-to-day 
basis, nor is there a detailed explanation regarding the demands, level of responsibilities, complexity, 
or requirements necessary for the performance of these duties. 
Overall, the evidence of record is insufficient to establish the substantive nature of the work to be 
performed by the Beneficiary. We are therefore precluded from 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 (1) the normal minimum educational requirement tor entry into the patiicular 
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. 
§ 214.2(h)( 4)(iii)(A), it cannot be found that the proffered position qualities as a specialty 
occupation. Therefore, the appeal must be dismissed and the petition denied tor this reason. 
IV. CONCLUSION 
The appeal must be dismissed because the Petitioner did not establish that the proffered position is a 
specialty occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter of F-S-, ID# 325925 (AAO Apr. 19, 20 17) 
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