sustained
H-1B
sustained H-1B Case: Computer Systems Design
Decision Summary
The Director initially denied the petition after concluding the Beneficiary was not qualified to perform the duties of the software developer position. The appeal was sustained because the AAO found that the Beneficiary's foreign degree is equivalent to a U.S. bachelor's degree in the specialty, thus qualifying them for the position.
Criteria Discussed
Beneficiary Qualifications Foreign Degree Equivalency
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: DEC. 4, 2024 In Re: 33800288 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) The Petitioner, a computer systems design services organization, seeks to temporarily employ the Beneficiary as a software developer under the H-1 B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to file a petition with U.S. Citizenship and Immigration Services 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 California Service Center Director denied the Form 1-129, Petition for a Nonirnmigrant Worker (petition), concluding that the Petitioner did not establish that the Beneficiary was qualified to perform the offered position's duties. The matter is now before us on appeal. 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 I&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de novo. Matter of Christo 's Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will sustain the appeal. On the petition, the Petitioner stated that the Beneficiary will serve as a software developer and stated the position requires the minimum of a bachelor's degree in computer science. The Beneficiary earned a foreign bachelor's degree. 1 And without belaboring the issue, we note we do not agree with the Director's full analysis relating to the Beneficiary's qualifications. We issued a notice to the Petitioner, and the record demonstrates that the Beneficiary's foreign degree is the equivalent of a U.S. bachelor's degree or higher in the specialty. Because the record demonstrates the Petitioner has overcome the basis of the Director's denial decision, the totality of the evidence establishes that the 1 According to the American Association of Collegiate Registrars and Admissions Officers Electronic Database for Global Education (EDGE), a foreign degree such as the Beneficiary's represents the attainment of a level of education comparable to a bachelor's degree in the United States. We consider EDGE to be a reliable source of information about foreign credential equivalencies. See Confluence intern., inc. v. Holder, Civil No. 08-2665 (DSD-JJG), 2009 WL 825793 (D. Minn. Mar. 27, 2009); Tisco Group, inc. v. Napolitano, No. 09-cv-10072, 2010 WL 3464314 (E.D. Mich. Aug. 30, 2010); Sunshine Rehab Servs. , inc. v. USCiS, No. 09-13605, 2010 WL 3325442, at *9 (E.D. Mich. Aug. 20, 2010). See also Viraj, LLC v. Holder, No. 2:12-CV-00127-RWS , 2013 WL 1943431 (N.D. Ga. May 18, 2013). Beneficiary is qualified to perform the duties of the offered position. As a result, the Petitioner has satisfied the requirements under section 214(i)(2) of the Act and 8 C.F.R. ยง 214.2(h)(4)(iii)(C). ORDER: The appeal is sustained. 2
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