sustained H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 9367714 
Certification of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 10, 2020 
The Petitioner , a subscription-as-a-service commerce billing business, seeks to employ the Beneficiary 
temporarily as an "application support 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 Form I-129, Petition for a Nonirnmigrant 
Worker, concluding that the record did not establish that the proffered position qualified as a specialty 
occupation, and she certified her decision to the Administrative Appeals Office (AAO) for review. 
Upon review, we will reverse the certified denial and approve the petition. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, 
and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R . § 214.2(h)(4)(ii) largely restates this statutory definition , but adds a non­
exhaustive list of fields of endeavor. In addition , the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). 
II. ANALYSIS 
The Director certified this matter to us for the sole purpose of reviewing her determination on the 
specialty-occupation issue, and we will limit our analysis narrowly to that single issue. The Petitioner 
proposes employing the Beneficiary as an "application support engineer," and it submitted a labor 
condition application (LCA) certified for a position located within the "Computer Systems Analysts" 
occupational category corresponding to the Standard Occupational Classification code 15-1121. 
We agree with the Director that the Department of Labor's Occupational Outlook Handbook 
(Handbook) 1 generally does not support positions located within this occupational category as 
specialty occupation positions under 8 C.F.R. § 214.2(h)( 4)(iii)(A)(]). In relevant part, the Handbook 
states that a bachelor's degree in a computer or information science field is common, but not always a 
requirement, and that some firms hire analysts with business or liberal arts degrees. 2 Again, we 
interpret the term "degree" to mean a degree in a specific specialty that is directly related to the 
proposed position. See Royal Siam Corp., 484 F.3d at 147. Since there must be a close correlation 
between the required specialized studies and the position, this requirement for general and wide­
ranging degrees in business and liberal arts strongly suggests that a computer systems analyst position 
is not categorically a specialty occupation. See id. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 
558, 560 (Comm'r 1988). The Handbook continues by stating that although many analysts have 
1 Though we recognize the Handbook as an authoritative source on the duties and educational requirements of the wide 
variety of occupations that it addresses, we do not maintain that it is the exclusive source of relevant information. The 
occupational category designated by the Petitioner is considered as an aspect in establishing the general tasks and 
responsibilities of a proffered position, and we regularly review the Handbook for its information regarding the duties and 
educational requirements of the wide variety ofoccupations that it addresses. To satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), 
however, the burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular 
position would normally have a minimum specialty degree requirement, or its equivalent, for entry. 
2 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Computer Systems Analysts 
https://www.bls.gov/ooh/computer-and-information-technology/computer-systems-analysts.htm#tab-4 (last visited Jan. 
10, 2020). 
2 
technical degrees, such a degree is not always a requirement - and that, in fact, many analysts have 
liberal arts degrees and gain programming or technical expertise elsewhere. It does not specify a 
degree level (e.g., associate's degree) for these business, technical, and liberal arts degrees. The 
Handbook therefore does not support the assertion that at least a bachelor's degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for these positions. 3 The proffered 
position therefore does not meet the requirements of the first specialty-occupation criterion. 
The proffered position does, however, meet the requirements of 8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4). The 
Petitioner has submitted a credible, consistent, and detailed job description, and it has explained how, 
and where, the proposed job duties, and the position they collectively constitute, fit into its larger 
business model. We agree that those duties require an individual with a bachelor's degree in a specific 
specialty, or the equivalent, to perform them. In addition, several of the proposed job duties appear to 
surpass those as described in the Handbook as common for positions located within the "Computer 
Systems Analysts" occupational category. The Petitioner has therefore established that the nature of 
the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent, as required by 8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4). The 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). 
The Petitioner has met its burden of proof with regard to the specialty-occupation issue, and we hereby 
reverse the Director's decision. 
ORDER: The petition is approved. 
3 See also Altimetrik Corp. v. Cissna. No. 18-10116, 2018 WL 6604258, at *6 (E.D. Mich. Dec. 17, 2018) (noting that 
because the Handbook "makes it clear that a degree in a computer-related field is not required" for these positions. "USCIS 
[was] entitled to deference in its finding that systems analysts are not required to have a bachelor's degree in a specific 
specialty"). 
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