dismissed H-1B Case: Supply Chain Software

U.S. Citizenship 
and Immigration 
Services 
In Re: 8705322 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 20, 2020 
The Petitioner, a professional services and software solutions for supply chain applications provider, 
seeks to temporarily employ the Beneficiary as a "solutions engineer" under the H-lB nonimmigrant 
classification for specialty occupations. Immigration and Nationality Act (the Act) 
section 10l(a)(15)(H)(i)(b), 8 U.S.C. § 110l(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 of the California Service Center denied the petition, concluding that the record did not 
establish that the Petitioner provided a certified labor condition application (LCA) for the occupation 
in which the Beneficiary will be employed. 8 C.F.R. § 214.2(h)(4)(i)(B)(l). See also section 
212(n)(l)(D) of the Act. 
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 novo review, we will dismiss the appeal.' 
I. ANALYSIS 
In this matter, the Petitioner designated the proffered position of solutions engineer as being located 
within the "industrial engineers" standard occupational classification (SOC) code 17-2112 at a Level 
I wage. The Director's decision explained that a comparison of the duties associated with the industrial 
engineers occupation from the Occupational Information Network (O*NET) did not correspond to the 
duties provided for the proffered position. 
Upon consideration of the entire record 2, including the arguments made on appeal, we adopt and affirm 
the Director's decision with the comments below. See Matter of P. Singh, Attorney, 26 I&N Dec. 623 
(BIA 2015) (citing Matter of Burbano, 20 I&N Dec. 872, 874 (BIA 1994); see also Chen v. INS, 87 
1We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec . 369 , 375- 76 
(AAO 2010) . 
2 While we may not discuss every document submitted , we have reviewed and considered each one. 
F.3d 5, 7-8 (1st Cir. 1996) ("[I]f a reviewing tribunal decides that the facts and evaluative judgments 
prescinding from them have been adequately confronted and correctly resolved by a trial judge or 
hearing officer, then the tribunal is free simply to adopt those findings" provided the tribunal's order 
reflects individualized attention to the case). 
The purpose of the LCA wage requirement is "to protect U.S. workers' wages and eliminate any 
economic incentive or advantage in hiring temporary foreign workers." 3 It also serves to protect H-1B 
workers from wage abuses. A petitioner submits the LCA to the Department of Labor (DOL) 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). While DOL certifies the LCA, U.S. Citizenship and Immigration Services (USCIS) 
determines whether the LCA's content corresponds with the H-1B petition. See 20 C.F.R. 
§ 655.705(b) ("DHS determines whether the petition is supported by an LCA which corresponds with 
the petition, .... "). 
According to DOL's Prevailing Wage Determination Policy Guidance (the Policy Guidance)4: 
In determining the nature of the job offer, the first order is to review the requirements of the 
employer's job offer and determine the appropriate occupational classification. The O*NET 
description that corresponds to the employer's job offer shall be used to identify the appropriate 
occupational classification. The NPWHC can identify the appropriate O*NET occupation 
using O*NET OnLine (http://online.onetcenter.org/) and entering the employer's job title5 to 
search for the appropriate O*NET-SOC occupation and code. 
In the initial petition, the Petitioner provided the following duties: 
• Assists customers with supply chain software implementations, with the focus of enhancing 
their operational efficiency. 
• Works with customers using the JDA (RedPrairie) Warehouse Management System (WMS) 
and complimentary applications to understand their operations, processes, and challenges. 
• Establishes best practices and processes for customers, configuring supply chain management 
systems to fit the needs of individual clients. 
• Documents requirements, solutions summaries, functional and technical designs, and test 
plans. 
• Creates and executes test plans. 
• Provides support to the customer for implementing, upgrading and extending the WMS. 
• Develops extensions to the JDA WMS and complimentary applications. 
3 See Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1 B Visas in Specialty 
Occupations and as Fashion Models; Labor Certification Process for Pennanent Employment of Aliens in the United 
States, 65 Fed. Reg. 80,110, 80, 110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56). 
4 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/pdt; 
NPWHC _Guidance_ Revised_ 11 _ 2009 .pdf 
5Notably, when we enter "solutions engineer" into the search bar using O*NET, industrial engineers is almost 70th on the 
list of related occupations. 
As explained by the Director, these duties, along with those provided in response to the request for 
evidence, combined with the information regarding the Petitioner's business operations, indicate that 
the position relates to providing computer software solutions to clients. 
For example, the duties for "software developers, applications" and "computer systems analysts" 
closely align with the provided duties. According to O*NET, the duties of software developers 
include: 
• Develop, create, and modify general computer applications software or specialized utility 
programs. 
• Analyze user needs and develop software solutions. 
• Design software or customize software for client use with the aim of optimizing operational 
efficiency. 
• Design, develop and modify software systems, using scientific analysis and mathematical 
models to predict and measure outcome and consequences of design. 
• Develop and direct software system testing and validation procedures, programming, and 
documentation 
• Coordinate software system installation and monitor equipment functioning to ensure 
specifications are met. 
• Consult with customers about software system design and maintenance. 
• Analyze information to determine, recommend, and plan computer specifications and layouts, 
and peripheral equipment modifications. 
The duties of computer systems analysts include: 
• Analyze science, engineering, business, and other data processing problems to implement and 
improve computer systems. 
• Analyze user requirements, procedures, and problems to automate or improve existing systems 
and review computer system capabilities, workflow, and scheduling limitations. 
• May analyze or recommend commercially available software. 
• Test, maintain, and monitor computer programs and systems, including coordinating the 
installation of computer programs and systems. 
• Expand or modify system to serve new purposes or improve work flow. 
• Develop, document and revise system design procedures, test procedures, and quality 
standards. 
• Assess the usefulness of pre-developed application packages and adapt them to a user 
environment. 
While we do not find all of the Petitioner's arguments on appeal persuasive, we do agree that some of 
the expanded duties provided in response to the Director's request for evidence may relate to the 
industrial engineers occupation as described in O*NET. However, the Policy Guidance clearly states 
that: 
If the employer's job opportunity has worker requirements described in a combination of 
O*NET occupations, the NPWHC should default directly to the relevant O*NET-SOC 
occupational code for the highest paying occupation. For example, if the employer's job offer 
is for an engineer-pilot, the NPWHC shall use the education, skill and experience levels for 
the higher paying occupation when making the wage level determination. 
In addition, we note the following from the Frequently Asked Questions Section of the DOL's Office 
of Foreign Labor Certification website 6 regarding when the National Prevailing Wage Center (NPWC) 
considers a position to include a combination of occupations: 
While there are common skill sets that may be applied to more than one occupation, the NPWC 
looks to the job duties, the employer's requirements, and conditions of employment to 
determine the occupational SOC code and assess a wage level in that occupation. In principle, 
when skill sets cross disciplines a point is added on the worksheet in Appendix C of the 
Prevailing Wage Determination Policy Guidance - Nonagricultural Immigration Program 
(Revised November 2009) (PWD Policy Guidance), which will raise the wage level by one 
level. For example, when a computer programmer is also required to market his or her program, 
the NPWC will view this as two distinct occupations. Therefore, a worksheet in Appendix C 
of the Prevailing Wage Guidance is created for each occupation, and the wage level for each 
occupation is raised by one level. Moreover, as described in the PWD Policy Guidance, the 
NPWC will assign the SOC code for the occupation that has the higher wage. 
Occupations with overlapping skills in such fields as computers, mathematics, or business 
operations will usually not be seen as a combination of occupations as long as they do not 
require two distinct skill sets. However, the NPWC will assign the SOC based on the 
occupation with the higher wage and will issue a wage based on the appropriate level without 
adding an additional point for a combination of occupations. 
Additionally, when skill sets are not normal to either occupation, an additional point is added. 
Using the example above, in the instances where a computer programmer who is required to 
market his/her program also is required to have knowledge of a foreign language, a point is 
added, separate from the point for combination of occupation. 
At a minimum, the Petitioner should have used the higher paying occupation of "software developers, 
applications" (SOC code 15-1132), which has a Level I wage of $69,867 /year. 7 
We also note that a review of the record raises additional questions as to whether the Petitioner 
provided the correct wage level on the LCA. The Policy Guidance states that for a wage level 
determination, it is important that the job description include "sufficient information to determine the 
complexity of the job duties, the level of judgment, the amount and level of supervision, and the level 
of understanding required to perform the job duties." In this matter, the Petitioner states that the 
Beneficiary "will be the lead designated Solutions Engineer" and "[ t ]he skills and expertise required 
to carry out the duties of the position ... are in-line with the level of performance expected of mid­
level industrial engineering professionals." This appears to contradict the provided information from 
the Policy Guidance regarding Level I ( entry) wages which indicate that it is for beginning level 
employees who 1) have only a basic understanding of the occupation, 2) will perform routine tasks 
6 See https://www.foreignlaborcert.doleta.gov/faqsanswers.cfin#q !511 (last accessed February 18, 2020). 
7 See https://flcdatacenter.com/OesQuickResults.aspx?code= 15-l l 32&area~&year= 19&source= 1 
that require limited, if any, exercise of judgment, and 3) work under close supervision and receive 
specific instructions on required tasks and results expected. Further, the Petitioner listed a salary range 
for the "wage rate paid to nonimmigrant workers" on the LCA of $64,251 to $100,000. If the 
Beneficiary is to be the "lead designated Solutions Engineer," it is unclear why he is being paid near 
the bottom of the salary range and whether the Petitioner is meeting its obligation to pay 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). 
In light of the above, the Petitioner has not established that the LCA supports and corresponds to the 
petition 8 and has not overcome the Director's conclusion that the Petitioner did not provide a certified 
labor condition application (LCA) for the occupation in which the Beneficiary will be employed. 
8 C.F.R. § 214.2(h)(4)(i)(B)(l). See also section 212(n)(l)(D) of the Act. 
III. 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. 
8 20 C.F.R. § 655.705(b), states, in pertinent part (emphasis added): 
For H-1 B visas ... DHS accepts the employer's petition (DHS Form T-129) with the DOL-certified LCA 
attached. In doing so, the DHS determines whether the petition is supported by an LCA which 
corresponds with the petition. whether the occupation named in the [LCA] is a specialty occupation or 
whether the individual is a fashion model of distinguished merit and ability, and whether the 
qualifications of the nonimmigrant meet the statutory requirements for H-1 B visa classification.