remanded H-1B Case: Computer Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 12796903 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 29, 2021 
The Petitioner, a computer services and software development company, seeks to temporarily employ 
the Beneficiary as a "support engineer 111" under the H-lB nonimmigrant classification for specialty 
occupations. 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, and the Petitioner filed a timely 
appeal. While the appeal was pending, the U.S. Court of Appeals for the Ninth Circuit issued a 
decision in lnnova Sols., Inc. v. Baran, 983 F.3d 428 (9th Cir. 2020). Because the analysis utilized by 
the Director in arriving at her conclusion on the specialty-occupation issue appears impacted by that 
decision, we find it appropriate to remand the matter for the Director to consider the question anew, 
and to adjudicate in the first instance any additional issues as may be necessary and appropriate. 
Accordingly, the following order shall be issued. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision.