sustained H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
In Re : 8910046 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 6, 2020 
The Petitioner seeks to temporarily employ the Beneficiary 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)(l5)(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 Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
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 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). 
Upon de nova review, we will sustain the appeal. 
Though the Petitioner did not provide the practice group within which the Beneficiary would work, it 
did provide descriptions of projects upon which he would work, and they align with the Petitioner's 
stated requirements for the position. For example, one project would entail the Beneficiary working 
on a project for a large civil aircraft manufacturer, and another would require him to work on a project 
involving a digital solutions company and a software solutions consultancy. The evidence of record 
is sufficient to establish by a preponderance of the evidence that the proffered position requires at least 
a bachelor's degree in computer science, computer engineering, electrical engineering, or a related 
field. When reviewed within the context of the Petitioner's business operations, we find the evidence 
ofrecord sufficient to demonstrate that this Beneficiary's work would in fact involve a "body of highly 
specialized knowledge" attained through a precise and specific course of study that relates directly 
and closely to the proffered position. 
The evidence of record therefore establishes that the proffered 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. It 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). It also 
establishes that the position is so complex or unique that it can only be performed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and it therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). The record demonstrates that the Beneficiary possesses a U.S. bachelor's degree in 
engineering, with a major in computer science, so he is qualified to perform the duties of this specialty 
occupation. 
ORDER: The appeal is sustained. 
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