sustained H-1B Case: Civil Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 7282929 
Appeal of California Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 27, 2020 
The Petitioner, a general engineering company, seeks to temporarily employ the Beneficiary as a "civil 
engineer" 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 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 Beneficiary is 
not qualified for the proffered position. On appeal, the Petitioner asserts that the Director erred . 
Upon de nova review, we conclude that the record, including information submitted on appeal, 
establishes that the particular coursework for the foreign degree held by the Beneficiary supports the 
determination that the degree is equivalent to a United States bachelor's degree required by the 
specialty occupation from an accredited college or university. Therefore, the record satisfies the 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(C)(2). Further, the record satisfies the criterion at section 
214(i)(2)(B) of the Act, 8 U.S.C. § 1184(i)(2)(B). 1 
ORDER: The appeal is sustained. 
1 We note that the requirements at section 214(i)(2)(A) of the Act and 8 C.F.R. § 214.2(h)(4)(iii)(C)(3) do not appear to 
apply to the particular position .