sustained H-1B Case: Computer Science

U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rrn. A3042 
Washington, DC 20529 
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U.S. Citizenship 
and Immigration 
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FILE: WAC 04 226 5205 1 Office: CALIFORNIA SERVICE CENTER Date: 0 8 2006 
IN RE: Petitioner: 
Beneficla 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
k Robert P. Wiemann. Direct 
" Administrative Appeals ~Kce 
WAC 04 226 5205 1 
Page 2 
DISCUSSION: The director denied the nonimmigrant visa petition and the matter is now before the 
Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner is an online e-commerce retailer that seeks to employ the beneficiary as a computer 
programmer. The petitioner, therefore, endeavors to classify the beneficiary as a nonirnmigrant worker in a 
specialty occupation pursuant to section 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. 1 lOI(a)(lS)(H)(i)(b). 
The director denied the petition on the basis that the petitioner had failed to establish that the proposed 
position meets the definition of a specialty occupation as set forth at 8 C.F.R. 9 214.2@)(4)(iii)(A). 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's request for evidence (WE); (3) the petitioner's WE response and supporting documentation; 
(4) the director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed 
the record in its entirety before issuing its decision. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 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 term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, 
architecture, engneering, mathematics, physical sciences, social sciences, medicine and 
health, education, business specialties, accounting, law, theology, and the arts, and which 
requires the attainment of a bachelor's degree or higher in a specific specialty, or its 
equivalent, as a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. 
 214.2@)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(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 
WAC 04 226 5205 I 
Page 3 
(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. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
fj 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty 
that is directly related to the proposed position. 
The petitioner, an online e-commerce retailer, proposes to hire the beneficiary as a computer programmer. 
In its August 3,2004 letter of support, the petitioner set forth the duties of the proposed position as follows: 
Onginal design of revamped sales database with special attention to inventory control 
and rapid-control logstics. Design functions include full development cycle from initial 
conception, through original coding, testing, and implementation. System must be 
capable of generating analflcal reports brealung down variables as needed by 
management for planning purposes. 
Re-design and implementation of Customer Checkout website. 
Design and implementation of new Customer Information Importation System. 
Design and creation of product description web-pages, using interactive and various 
graphic technologes for high-impact and informative presentation. 
Design and implement major improvements in Management Information System (MIS), 
especially the linkage between web-based e-commerce activities and MIS. 
With respect to each of the above projects, performs all implementation tasks, including 
deployment of computer networlung equipment, installation of system, [and] staff 
training. 
After implementation of various new software systems, performs continuous 
maintenance, upgrading, trouble-shooting, and administration of systems. 
TECHNOLOGIES USED: Uses the following computer programming languages and 
development tools: 
Software: 
o Visual Studio Net 
o NetBeans IDE 
o Adobe Photoshop 
o Adobe IrnageReady 
o Dreamweaver MX 
o Microsoft SQL Server 
o Microsoft Office 
o Ebay Turbo Lister 
Hardware: 
o 
 Server and Workstations installed with Windows NY Server and Windows 
XP Professional 
Programming Language: 
o ASP.Net 
0 C# 
o JavaScript 
o Java 
o ColdFusion 
o Regular Expression 
WAC 04 226 5205 1 
Page 4 
o Structure Query Language 
0 UML 
o VBA 
o VB 
0 XML 
0 HTML 
The director denied the petition, finding that the petitioner had satisfied none of the four criteria set forth at 
8 C.F.R. fj 214.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for 
classification as a specialty occupation. 
In determining whether a proposed position qualifies as a specialty occupation, CIS looks beyond the title 
of the position and determines, from a review of the duties of the position and any supporting evidence, 
whether the position actually requires the theoretical and practical application of a body of highly 
specialized knowledge, and the attainment of a baccalaureate degree in a specific specialty, as the 
minimum for entry into the occupation as required by the Act. The AAO routinely consults the 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
The 2006-2007 edition of the Handbook states the following with regard to computer programmers: 
Computer programmers write, test, and maintain the detailed instructions, called 
programs, that computers must follow to perform their functions. Programmers also 
conceive, design, and test logical structures for solving problems by computer. Many 
technical innovations in programming-advanced computing technologies and 
sophisticated new languages and programming tools-have redefined the role of a 
programmer and elevated much of the programming work done today. Job titles and 
descriptions may vary, depending on the organization. In this occupational statement, 
computer programmers are individuals whose main job function is programming; this 
group has a wide range of responsibilities and educational backgrounds. 
Computer programmers often are grouped into two broad types-applications 
programmers and systems programmers. Applications programmers write programs to 
handle a specific job, such as a program to track inventory within an organization. They 
also may revise existing packaged software or customize generic applications which are 
frequently purchased from vendors. Systems programmers, in contrast write programs to 
maintain and control computer systems software, such as operating systems, networked 
systems, and database systems. These workers make changes in the instructions that 
determine how the network, workstations, and central processing unit of the system 
handle the various jobs they have been given and how they communicate with peripheral 
equipment such as terminals, printers, and disk drives. Because of their knowledge of the 
entire computer system, systems programmers often help applications programmers 
determine the source of problems that may occur with their problems. 
The AAO has determined that the duties of the proposed position are similar to those of a systems 
programmer. The beneficiary will be writing programs to maintain and control the petitioner's entire 
WAC 04 226 5205 1 
Page 5 
networked system, as opposed to writing programs to handle a specific job. For example, the beneficiary 
will design and implement major improvements in the linkage between the petitioner's website and its 
management information system. The beneficiary will revamp and administer the petitioner's website, 
which, as an e-commerce company, is the petitioner's public face. The duties of the beneficiary as set 
forth in its letter of support are not those of an applications programmer; the beneficiary will not be 
simply customizing prepackaged software. 
Having determined that the proposed position is that of a systems programmer, the AAO turns to the 
Handbook's discussion of the credentials necessary for entry into the field. The Handbook states the 
following: 
Most systems programmers hold a 4-year degree in computer science. 
 Extensive 
knowledge of a variety of operating systems is essential for such workers. This includes 
being able to configure an operating system to work with different types of hardware and 
having the skills needed to adapt the operating system to best meet the needs of a 
particular organization. . . . 
Thus, the proposed position qualifies as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I). 
The record reflects that the beneficiary earned a master's degree in computer science fkom Long Island 
University in 2003. Therefore, he is qualified to perform the duties of this specialty occupation 
The petitioner has established that the proposed position qualifies as a specialty occupation and that the 
beneficiary is qualified to perform the duties of a specialty occupation. Accordingly, the appeal will be 
sustained, and the petition will be approved. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
tj 1361. The petitioner has sustained that burden. 
ORDER: 
 The appeal is sustained. The petition is approved.