sustained H-1B Case: Computer Programming

U.S. Citizenship 
and Immigration 
Services 
In Re: 8908796 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 1 7, 2020 
The Petitioner, a custom engineer and computer program service provider, seeks to temporarily employ 
the Beneficiary under the H-lB nonimmigrant classification for specialty occupations. 1 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 evidence of 
record does not establish that the Beneficiary would perform services in a specialty occupation . 
On appeal, the Petitioner submits a brief asserting that the Director erred in denying the petition . Upon 
de nova review, we will sustain the appeal. 
The evidence of record establishes that the proffered position requires the theoretical and practical 
application of a body of highly specialized knowledge, and that it is so complex and specialized that 
it can be performed only by an individual with at least a bachelor's degree in specific specialty, or the 
equivalent. Specifically , the Petitioner provided a sufficiently detailed job description and explained 
why the position is complex and specialized . The Petitioner also described the products and projects 
involved and why the Beneficiary's role in them requires specialized knowledge usually associated 
with a bachelor's or higher degree in a specific specialty, or its equivalent. Therefore, we conclude 
that the evidence of record satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). The Petitioner 
has established that the proffered position qualifies for classification as a specialty occupation as 
defined by section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. § 110l(a)(l5)(H)(i)(b) .