remanded H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 6761648 
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. 24, 2020 
The Petitioner, a software and internet technology company, seeks to temporarily employ the 
Beneficiary as a "data and applied scientist" under the H-lB 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 Director of the California Service Center denied the petition, concluding that the record does not 
establish that the Beneficiary is qualified for the proffered position . On appeal, the Petitioner asserts 
that the Director erred in the decision. 
While we conduct de nova review on appeal , we conclude that a remand is warranted in this case 
because the Director's decision is insufficient for review . Specifically, the Director is 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 Assocs., 
19 I&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]."). 
The record reflects that the Director's original decision letter did not include a discussion of whether 
the proffered position qualifies as a specialty occupation . See 8 C.F.R . § 214.2(h)(4)(iii)(A). Her 
subsequent decision letter dismissing the Petitioner's motions to reopen and reconsider did not address 
the issue either. Accordingly , the matter will be remanded to the Director to consider the specialty­
occupation issue and enter a new decision. 
It is the Petitioner' burden to establish that the duties of the proffered position necessitate at least a 
bachelor's degree in a specific specialty or its equivalent. The Director may request any additional 
evidence considered pertinent to the new determination and any other issue . As such, we express no 
opinion regarding the ultimate resolution of this case on remand. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
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