sustained H-1B Case: Computer Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 21704437 
Appeal of Texas Service Center Decision 
Form I-129, Petition forNonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 26, 2022 
The Petitioner seeks to employ the Beneficiary under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101 (a)(15)(HXi)(b), 8 U.S.C. 
§ 1101 (a)(15XH)(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 Texas Service Center Director denied the Form I-129, Petition for a Nonimmigrant Worker, 
concluding that the Petitioner did not establish that the Beneficiary was qualified for the offered 
position. The matter is now before us on appeal. The Petitioner bears the burden of proof to 
demonstrate eligibility by a preponderance of the evidence. Section 291 of the Act; Matter of 
Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de nova. 
Matter of Christo 's Inc., 26 I&N Dec . 537,537 n.2 (AAO 2015). Upon de nova review, we will 
sustain the appeal. 
The Petitioner intends to employ the Beneficiary as a BIOS engineer. In an addendum to the petition, 
the Petitioner required candidates for the position to possess at least a bachelor's degree in computer 
science, computer engineering, electrical engineering, or a similar field. The Petitioner provided 
evidence of the beneficiary's master 's degree in electrical engineering from an accredited U.S. 
institution of higher education. The Director issued a request for evidence in part indicating the 
Beneficiary did not possess the degree the position required. In making this assessment, the Director 
relied on the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) to decide that 
the position's required education was a bachelor's degree in computer science or in a software 
engineering field . 
In the decision denying the petition, the Director indicated the Beneficiary did not satisfy any of the 
methods to show that a foreign worker is qualified to occupy a specialty occupation position via the 
criteria at 8 C.F.R. § 214.2(h)(4)(iii)(C)(l)-(4). It appears the Director placed sole reliance on the 
information in the Handbook for the position 's education requirements and did not consider the 
Petitioner's requirements outlined in the addendum to the petition. We conclude that the Beneficiary's 
master's degree in electrical engineering satisfies the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(CXJ) 
for a bachelor's or higher degree required by the specialty occupation from an accredited college or 
university. 
ORDER: The appeal is sustained. 
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