sustained H-1B Case: Construction

U.S. Citizenship 
and Immigration 
Services 
In Re: 9734407 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 27, 2020 
The Petitioner, a commercial construction company, seeks to employ the Beneficiary temporarily 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 California Service Center Director denied the Form 1-129, Petition for a Nonimmigrant Worker, 
concluding that the record did not establish that the proffered position qualified as a specialty 
occupation. The matter is now before us on appeal. 
Some questions remain pertaining to the amount of experience the Petitioner normally requires for 
equivalent jobs and the extent to which the Beneficiary would develop cost models. However, the 
Director did not raise those issues, and we conclude that doubts surrounding those topics are 
outweighed by the remaining material within the record. Consequently, the Petitioner has 
demonstrated eligibility for this classification by a preponderance of the evidence. The Petitioner's 
position description, when reviewed within the broader context of its operations, depicts one that 
includes duties sufficiently complex that a qualifying degree would be required to perform them. 
Considering the aggregate of the evidence as it existed before the Director, the full spectrum of the 
duties persuades us to conclude in the Petitioner's favor in the present case. As a result, the Petitioner 
has demonstrated that it is more likely than not, that the nature of the position's 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. 2 The Petitioner has also 
established that the position satisfies the statutory definition of a specialty occupation found within 
section 214(i)(l) of the Act. 
ORDER : The appeal is sustained. 
1 See Immig ration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(15)(H)(i)(b) . 
2 8 C.F.R. § 214.2(h)(4)(iii)(A)( 4).