dismissed H-1B Case: Software

U.S. Citizenship 
and Immigration 
Services 
MATTER OF I- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 4, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a document management software design firm, seeks to temporarily employ the 
Beneficiary as a "support engineer" 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-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 Petitioner did 
not establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits a 
brief and asserts that the Director erred in denying the petition . 
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 as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
Matter of I- LLC 
(]) 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 described itself as "[ o ]ne of the largest providers of high-value information 
management systems to the legal, banking and finance, government, and telecommunications vertical 
markets." The Petitioner stated that the Beneficiary will work as a "support engineer" "to provide 
remote service, customer access, and pre-sales, post-sales, and service delivery." 2 On the labor 
condition application (LCA)3 submitted in support of the H-lB petition, the Petitioner designated the 
proffered position under the occupational category "Computer Systems Analysts" corresponding to 
the Standard Occupational Classification (SOC) code 15-1121, at a Level I wage.4 
In response to the Director's request for evidence (RFE), the Petitioner provided a description of the 
proffered position as follows (verbatim): 
• Troubleshoot program and system malfunctions to restore normal functioning. 
(25%) 
2 The Petitioner most recently employed the Beneficiary through STEM-related post-completion optional practical 
training, and has provided copies of wage statements for his employment with the Petitioner. 8 C.F.R. 
§§ 274.a.12(c)(3)(i)(C), 214.2(t)(l0)(ii)(C). 
3 A petitioner submits the LCA to the U.S. Department of Labor 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 duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. 
§ 655.73l(a). 
4 A prevailing 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. See U.S. Dep't of Labor, Emp't & 
Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009); 
http://flcdatacenter.com/download/NPWHCGuidance _Revised_ 11 _ 2009 .pdf 
2 
Matter of I- LLC 
On a day-today basis, [the Beneficiary] fields support calls from the IT departments of 
our customers around the world. For each call, [the Beneficiary] must acquire details 
on the technical issue the customer is experiencing, use acquired product expertise to 
analyze important findings, and make recommendations to resolve the problem. The 
most severe product issues can disrupt a customer's business, so timely intervention 
from Support Engineers like [the Beneficiary] is critical. [The Beneficiary] is required 
to be familiar with C# and Java programming languages to understand system error 
messages and must act to resolve the issue by coding customizations and/or extensions 
using proprietary [Petitioner] tools, such as Application Designer and Object Modeler. 
• Analyze, diagnose, and resolve software and configuration issues in complex multi-
tiered application environments. (20%) 
[The Beneficiary] supports software that involves client, server, and database layer 
applications. Incoming support calls can involve anything from desktop client 
application errors on an end-user's Windows 10 laptop, to service crashes on a middle­
tier Windows Server or database performance issues. A variety of software 
configurations can be set at each layer across an installed system, and so [the 
Beneficiary] must be able to quickly identify key settings relevant to a given support 
call. In addition, [the Beneficiary] must be familiar with Windows operating system 
configurations on both the client and server-side. 
• Collaborate with customer engineers and systems integrators to support complex 
system deployment projects. (15%) 
[The Beneficiary] must regularly work with network, security, and other IT engineers 
from a customer organization. This is common when a product issue is found to be 
impacted by system environmental factors. For example, [the Beneficiary] typically 
must work with IT security staff to identify configurable inbound and outbound 
network ports to allow for product functionality through a customer's firewall. 
Likewise, she frequently collaborates with consulting teams to make suggestions 
surrounding system design and best practices to optimize customer experience. 
• Resolve technical issues (hardware and software) from incoming internal or 
external businesses and end user's contacts and proactive notification systems. 
(15%) 
[The Beneficiary] must engage and help [the Petitioner's] internal departments, not just 
external customers. [The Petitioner's] employees from the Sales and Professional 
Services departments often engage [the Beneficiary] to assist with critical projects and 
hit target milestones. Whether [the Beneficiary] is assisting with troubleshooting 
hardware (such as portable handheld scanners) or installed software, [the Beneficiary] 
must draw on her training, past experiences, and own critical thinking to resolve any 
problems. 
3 
Matter of I- LLC 
• Develop, document, and publish best practice methods, technical white papers, 
biogs, and solutions. (15%) 
[The Beneficiary] must identify issue trends on a weekly and monthly basis, and read 
knowledge-base publications to help identify common solutions, consultants, and 
internal teams. 
• Respond to service, product, technical, and customer relations questions on subjects 
such as features, specifications, and repairs on current and discontinued products, 
parts, and options, based on customer entitlement (warranty through mission­
critical). ( 10%) 
Occasionally, customer inquiries to the support team are not specifically related to 
technical malfunctions. Instead, they are technical requests for software, 
documentation, and/or general information surrounding the design of a product. These 
kinds of requests often drive important future decisions by our customers. Ensuring 
positive early interactions with new customers can mitigate future issues down the road, 
and so [the Beneficiary] must rely on both her technical knowledge of proprietary 
software and her customer service skills to interact with customer contacts and facilitate 
a beneficial experience for all. 
The Petitioner indicated that the minimum educational requirement for the proffered position is at least 
a bachelor's degree in computer science, information technology, or a related field. In response to the 
Director's RFE, the Petitioner clarified that "no quantifiable experience is required for this entry-level 
position." 
III. 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 Petitioner has not sufficiently established the substantive nature of the work the 
Beneficiary will perform during the intended period of employment, which precludes the 
determination that the proffered position qualifies as a specialty occupation. 5 
A crucial aspect of this matter is whether the Petitioner has submitted sufficient and consistent 
evidence describing 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 highly specialized knowledge attained through at least a baccalaureate degree in a specific 
discipline. Here, the record does not establish that the job duties require an educational background, 
or its equivalent, commensurate with a specialty occupation. 
5 The Petitioner submitted documentation to support the H- IB 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 
Matter of I- LLC 
As noted above, the Petitioner is seeking to employ the Beneficiary as a "support engineer" and has 
designated the proffered position as corresponding to "Computer Systems Analysts" on the LCA. 
However, the record does not establish that the duties of the proffered position sufficiently correspond 
to "Computer Systems Analysts." To determine the duties and requirements for the occupational 
category, we reviewed the U.S. Department of Labor's (DOL) Occupational Outlook Handbook 
(Handbook)'s chapter on "Computer Systems Analysts," which indicates: 6 
Computer systems analysts, sometimes called systems architects, study an 
organization's current computer systems and procedures, and design solutions to help 
the organization operate more efficiently and effectively. They bring business and 
information technology (IT) together by understanding the needs and limitations of 
both. 
Computer systems analysts typically do the following: 
• Consult with managers to determine the role of IT systems in an organization. 
• Research emerging technologies to decide if installing them can increase the 
organization's efficiency and effectiveness. 
• Prepare an analysis of costs and benefits so that management can decide if IT 
systems and computing infrastructure upgrades are financially worthwhile. 
• Devise ways to add new functionality to existing computer systems. 
• Design and implement new systems by choosing and configuring hardware and 
software. 
• Oversee the installation and configuration of new systems to customize them for the 
organization. 
• Conduct testing to ensure that the systems work as expected. 
• Train the systems' end users and write instruction manuals. 
Most computer systems analysts specialize in computer systems that are specific to the 
organization they work with. For example, an analyst might work predominantly with 
financial computer systems or with engineering computer systems. Computer systems 
analysts help other IT team members understand how computer systems can best serve 
an organization by working closely with the organization's business leaders. 
The Petitioner provided job duties for the proffered position which may comport, in part, with the 
tasks described in the "Computer Systems Analysts" occupational category. On the other hand, many 
of the job tasks described by the Petitioner appear to involve duties typically associated with a help­
desk technician position, to include: 
• [F]ield[] support calls from the IT departments of our customers around the world. 
6 We recognize the Handbook as an authoritative source on the duties and educational requirements of the wide variety of 
occupations that it addresses. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. All of our references to the Handbook may be accessed at the Internet site http://www.bls.gov/ooh/. 
5 
Matter of I- LLC 
• [Respond to] incoming support calls can involve anything from desktop client 
application errors on an end-user's Windows 10 laptop, to service crashes on a middle­
tier Windows Server or database performance issues. 
• [ A ]cquire details on the technical issue the customer is experiencing, use acquired 
product expertise to analyze important findings, and make recommendations to resolve 
the problem. 
• Resolve technical issues (hardware and software) from incoming internal or external 
businesses and end user's contacts and proactive notification systems. 
• [R]espond to service, product, technical, and customer relations questions on subjects 
such as features, specifications, and repairs on current and discontinued products, parts, 
and options, based on customer entitlement (warranty through mission-critical). 
• [Field] customer inquiries to the support team are not specifically related to technical 
malfunctions. Instead, they are technical requests for software, documentation, and/or 
general information surrounding the design of a product. 
These duties appear to include tasks that align more closely to the "Computer User Support Specialists" 
occupation, corresponding to SOC code 15-1151,7 and/or to the "Computer Network Support 
Specialists," occupation corresponding to SOC code 15-1152.8 For example, the Handbook's chapter 
on "Computer Support Specialists" state the following: 
Computer support specialists provide help and advice to computer users and 
organizations. These specialists either support computer networks or they provide 
technical assistance directly to computer users. 
Computer user support specialists typically do the following: 
• Pay attention to customers' descriptions of their computer problems. 
• Ask customers questions to properly diagnose the problem. 
• Walk customers through the recommended problem-solving steps. 
• Set up or repair computer equipment and related devices. 
• Train users to work with new computer hardware or software, such as printers, 
word-processing software, and email. 
• Provide other team members and managers in the organization with information 
about what gives customers the most trouble and about other concerns customers 
have. 
Computer user support specialists, also called help-desk technicians, usually provide 
technical help to non-IT computer users. They respond to phone and email requests for 
7 See O*NET Summary Report for "Computer User Support Specialists," at https://www.onetonline.org/link/summary/l 5-
1151 (last visited Aug. 29, 2019). 
8 See O*NET Summary Report for "Computer Network Support Specialists," at 
https://www.onetonline.org/link/summary/l 5-l 152 (last visited Aug. 29, 2019). 
6 
Matter of I- LLC 
help. They can usually help users remotely, but they also may make site visits so that 
they can solve a problem in person. 
Help-desk technicians may solve a range of problems that vary with the industry and 
the particular firm. Some technicians work for large software companies or for support 
service firms and must give instructions to business customers on how to use business­
specific programs such as an electronic health records program used in hospitals or 
physicians' offices. Sometimes they work with other technicians to resolve problems. 
We acknowledge that the Petitioner provided a relative time percentage breakdown for the duties of 
the "support engineer" position. However, this material does not provide clarity regarding the 
predominant job functions of the position. For instance, the Petitioner indicated that the Beneficiary 
will spend 25% of his worktime "[t]roubleshoot[ing] program and system malfunctions to restore 
normal functioning," which requires the Beneficiary to field calls in order to diagnose the "the 
technical issue the customer is experiencing, use acquired product expertise to analyze important 
findings, and make recommendations to resolve the problem." These tasks appear to involve help 
desk technician functions that may require some information technology knowledge but do not 
establish that at least a bachelor's degree in a specific specialty is required to perform these tasks. The 
Petitioner has not established through these vague task descriptions which duties will encompass the 
predominant job functions of the proffered position, and which duties will be incidental to the 
Beneficiary's employment. 
Collectively considering the material presented in the record, we conclude that the Petitioner has not 
submitted sufficient, consistent, and probative evidence regarding the proposed duties for us to 
conclude that the duties are that of a "computer systems analyst," or actually correspond to other 
occupational categories, which precludes an understanding of the substantive nature of the proffered 
position. 9 It is the Petitioner's burden to prove by a preponderance of evidence that it is qualified for 
the benefit sought. Matter of Chawathe, 25 I&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. 
Further, the Petitioner does not provide sufficient information to establish that performing the duties 
outlined in the petition requires the theoretical and practical application of highly specialized 
knowledge and attainment of at least a bachelor's degree in a specific specialty or its equivalent. 10 
For example, the Petitioner states that the Beneficiary will "assist[] [ internal customers] with 
troubleshooting hardware (such as portable handheld scanners) or installed software." 
9 It may also preclude approval on another eligibility ground, which is that the ceitified LCA does not support this petition. 
10 We also observe that that the "Computer User Support Specialist" and the "Computer Network Support Specialists" 
occupations are Job Zone Three occupations as described in the O*NET Education level for Job Zone Three states"[ m Jost 
occupations in this zone require training in vocational schools, related on-the-job experience, or an associate's degree." 
See O*NET Online Help, https://www.onetonline.org/help/online/zones#zone3 (last visited Aug. 29, 2019). According to 
the O*NET, these occupations do not require at least a bachelor's degree. 
7 
Matter of I- LLC 
The Petitioner also noted: 
[The Beneficiary] typically must work with IT security staff to identify configurable 
inbound and outbound network ports to allow for product functionality through a 
customer's firewall. Likewise, she frequently collaborates with consulting teams to 
make suggestions surrounding system design and best practices to optimize customer 
expenence. 
However, the Petitioner has not adequately explained how troubleshooting handheld scanner devices, 
or identifying inbound and outbound customer network ports to allow for the functionality of the 
Petitioner's products requires the knowledge inherent in a bachelor's degree in a specific specialty or 
its equivalent. 
We also observe that the Petitioner stated in response to the Director's RFE, "[t]he Beneficiary's] 
duties are appropriately complex, given her education, experience, and skills." However, the test to 
establish a position as a specialty occupation is not the education or experience of a proposed 
beneficiary, but whether the position itselfrequires at least a bachelor's degree in a specific specialty, 
or its equivalent. 11 
Moreover, the Petitioner has not provided evidence that sufficiently details the organizational 
hierarchy that will encompass the Beneficiary's role in the proffered position, in order to establish the 
specialization and complexity of the support engineer position relative to others employed within the 
Petitioner's "Customer Success" division. Notably, the Director requested evidence in her RFE 
regarding the organizational hierarchy in which the Beneficiary would be employed, to include an 
organizational chart that would illustrate the staffing levels and the Beneficiary's relative location 
therein, her prospective supervisory and reporting chain, and other similar information. In response, 
the Petitioner provided an organization chart which indicates the "Customer Success" division 
employs 121 individuals, and that the Beneficiary reports to a senior support manager, who in tum 
reports to a customer care director. 
The Petitioner emphasized in the response to the Director's RFE that the Beneficiary will liaise or 
participate as a member in a wide variety of software development teams and stakeholder groups, to 
include: 
• Collaborate with customer engineers and systems integrators to support complex 
system deployment project. 
• Collaborate with consulting teams to make suggestions surrounding system design 
and best practices to optimize customer experience. 
11 Further, we are required to follow long-standing legal standards and determine first, whether the proffered position 
qualifies for classification as a specialty occupation, and second, whether the Beneficiary was qualified for the position at 
the time the nonimmigrant visa petition was filed. Cf Matter of Michael Hertz As.mes., 19 l&N Dec. 558, 560 (Comm'r 
1988) ("The facts of a beneficiary's background only come at issue after it is found that the position in which the petitioner 
intends to employ him falls within [a specialty occupation]."). 
8 
Matter of I- LLC 
• [Help] employees from the Sales and Professional Services departments [who] 
often engage [the Beneficiary] to assist with critical projects and hit target 
milestones. 
Even though the Petitioner has provided narrative about the job duties of the position, the evidence 
does not show the operational structure within this multi-faceted cohort in a manner that would 
establish the Beneficiary's relative role amid the other individuals employed within the various teams, 
departments, and stakeholder groups alluded to in the record. For example, the material does not 
delineate the scope and complexity of the tasks that the Beneficiary will be specifically assigned to 
perform when she "collaborate[s] with customer engineers and systems integrators." While the 
Petitioner notes that she will "work with IT security staff to identify configurable inbound and 
outbound network ports to allow for product functionality through a customer's firewall," it is not 
apparent what services she will provide as she "works" with these external stakeholders on this task. 
Here, the job duties do not serve to demonstrate the claimed complexity, uniqueness, or specialization 
of the work performed by the Beneficiary. These general statements, along with the Petitioner's 
inconsistent narrative descriptions about the nature of the job duties, do not provide sufficient insight 
into the Beneficiary's actual duties to show that they require the theoretical and practical application 
of any particular educational level of highly specialized knowledge in a specific specialty directly 
related to the duties of the proffered position. 
For the reasons discussed, the record contains insufficient and inconsistent information about the 
proffered position's duties and level of responsibility within the organizational hierarchy. The job 
descriptions do not adequately communicate (1) the actual work that the Beneficiary would perform 
on a day-to-day basis; (2) the complexity, uniqueness and/or specialization of the tasks; and/or (3) the 
correlation between that work and a need for a particular level education of highly specialized 
knowledge in a specific specialty. 
The Petitioner has not established 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 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 eligibility under 
any criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not demonstrated that the proffered position qualifies 
as a specialty occupation. 12 
12 As the lack of probative and consistent 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 at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
9 
Matter of I- LLC 
IV. CONCLUSION 
The Petitioner has not established the proffered position is a specialty occupation. In visa petition 
proceedings, it is a 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. 
Cite as Matter of 1-LLC, ID# 4265895 (AAO Sept. 4, 2019) 
10