sustained H-1B Case: Civil Engineering

MATTER OF A~._ __ ____, 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 20, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a...,.__---...----..,,....-- ....... ---- company, seeks to temporarily employ the 
Beneficiary 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 qualifies as a specialty occupation. Upon de nova review, we 
will sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we find that the Petitioner has overcome the basis 
of the Director's denial. Specifically, the record of proceedings in this particular case establishes by 
a preponderance of the evidence that the proffered position is so complex that is can only be performed 
by an individual with a bachelor's degree in civil engineering or a closely related field, or the 
equivalent. 1 We therefore conclude that the record satisfies 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). We 
conclude further that Petitioner has also established, by a preponderance of the evidence, that the 
particular position being offered to the Beneficiary qualifies for classification as a specialty occupation 
as the term is defined at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
Cite as Matter of A-J ..... __ _.I ID# 4243240 (AAO Sept. 20, 2019) 
1 As she holds a U.S. master's degree in civil and environmental engineering , the Beneficiary is qualified to perform the 
duties of this specialty occupation.