sustained H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 17141415 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUN. 11, 2021 
The Petitioner 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 record does not 
establish that the Beneficiary is qualified for the proffered position. On appeal, the Petitioner asserts 
that the Director erred in the decision. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence.2 We review the questions in this matter de novo.3 Upon de nova 
review, we will sustain the appeal. 
We determine first, whether the proffered position qualifies for classification as a specialty occupation, 
and second, whether the Beneficiary was qualified for the position at the time the nonimmigrant visa 
petition was filed. 4 In this matter, the record demonstrates that the proffered position is a specialty 
occupation under 8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). Specifically, we conclude that the Petitioner 
has established that its particular position is so complex or unique that it can be performed only by an 
individual with a degree in a specific specialty, or its equivalent, as required by 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). The record includes a description of the Petitioner 's business and an 
explanation of the Beneficiary's proposed work. The proffered position, when reviewed within the 
context of the Petitioner's business operations, are sufficient to demonstrate that the complexity or 
uniqueness of the position requires a "body of highly specialized knowledge" attained through a 
precise and specific course of study that relates directly and closely to the proffered position. 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(15)(H)(i)(b) . 
2 Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
4 Cf. Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988) ("The facts ofa beneficiary's background 
only come at issue after it is found that the position in which the petitioner intends to employ him falls within [a specialty 
occupation]."). 
The totality of the record establishes that, more likely than not, the Petitioner's particular position 
requires the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a bachelor's or higher degree in the specific specialty or its equivalent. The Petitioner has 
established that the proffered position qualifies for classification as a specialty occupation as defined by 
section 214(i)(1) of the Act, 8 U.S.C. § 1184(i)(1), 8 C.F.R. § 214.2(h)(4)(ii), and (iii)(A)(2). 
Additionally, the record establishes that the Beneficiary is qualified to perform the duties of the 
proffered position by holding a qualifying foreign degree determined to be equivalent to a U.S. 
bachelor's degree from an accredited college or university.5 The Petitioner states the minimum degree 
requirement for entry into the position is a baccalaureate degree in computer science, electrical 
engineering, or a related field. The Petitioner has established that the degrees in computer science and 
electrical engineering are related and the Beneficiary's degree, determined to be equivalent to a 
baccalaureate degree in electronics engineering is closely correlated to the Petitioner's minimum 
degree requirement. 
ORDER: The appeal is sustained. 
5 See section 214(i)(2) of the Act; 8 C.F.R. § 214.2(h)(4)(iii)(C)(2). 
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