sustained H-1B Case: Electrical Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9280508 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 2, 2020 
The Petitioner , an engineering consulting company, seeks to temporarily employ the Beneficiary as an 
electrical engineer under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. § l 10l(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 Vermont Service Center denied the petition , concluding that the record did not 
establish that the proffered position is a specialty occupation. The matter is now before us on appeal. 
On appeal, the Petitioner contends that the petition should be approved . 
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. 
Upon review of the record in its entirety, we conclude that the nature of the specific duties is so 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a bachelor' s or higher degree in a specific specialty , or its equivalent, as required by 
8 C.F.R. § 214 .2(h)(4)(iii)(A)(4). The record includes an explanation of the Beneficiary's proposed 
work and a detailed description of the job duties. The proposed duties, when reviewed within the 
context of the Petitioner 's business operations , are sufficient to demonstrate that the duties of the 
position require a "body of highly specialized knowledge " attained through a precise and specific 
course of study that relates directly to the proffered position. Specifically , the Petitioner's position 
description , when reviewed within the broader context of its operations , depicts a position that includes 
duties sufficiently complex that a qualifying degree would be required to perform them . Moreover, 
the totality of the evidence establishes that the Beneficiary is qualified to perform the duties of the 
proffered position . 
Therefore, the record satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, the Petitioner 
has established that the proffered position qualifies for classification as a specialty occupation as 
defined by section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
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