sustained H-1B Case: Design Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 8990261 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUNE 8, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a design engineer III 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)(15)(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 California Service Center denied the petition, concluding that the record did not 
establish (1) the proffered position qualifies as a specialty occupation, and (2) the Beneficiary is 
qualified to perform the duties of a specialty occupation. On appeal, the Petitioner asserts that the 
Director erred in denying the petition because the position's duties are so specialized and complex that 
the knowledge required to perform the duties is associated with the attainment of a baccalaureate or 
higher degree in a specific specialty. 
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 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. 
The record demonstrates that the proffered position is a specialty occupation. The Petitioner provided 
a sufficiently detailed job description and explained the Beneficiary's proposed duties as they relate 
to the Petitioner's business operations. The proposed duties, when reviewed within the context of the 
Petitioner's business operations, are sufficient to demonstrate that, more likely than not, the duties of 
the position require 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 Petitioner also 
appropriately accounted for the level of experience and responsibility of the position with the 
certification of the wage level on the labor condition application. 
Our review of the Beneficiary's academic credentials, the Petitioner's detailed description of the duties 
and the requirements necessary to perform those duties, as well as evidence of the relationship between 
the duties and the Beneficiary's academic degree establish that the Beneficiary is also qualified to 
perform the duties of the proffered position. 
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) as a minimum 
for entering into the occupation in the United States. Furthermore, the record establishes that the 
Beneficiary's academic degree is directly related to the duties of the proffered position. 
ORDER: The appeal is sustained. 
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