sustained H-1B Case: Electrical Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 8909035 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY . 1, 2020 
The Petitioner, an international law firm, seeks to temporarily employ the Beneficiary 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. § 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 evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. 
On appeal, the Petitioner submits a brief and asserts that the Director erred in denying the petition . 
Upon de nova review, we will sustain the appeal. 
We conclude that the record establishes 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. Specifically, the Petitioner has 
sufficiently articulated why the duties are specialized and complex . The Petitioner has also established 
that the duties require specialized knowledge usually associated with a bachelor's or higher degree in 
electrical engineering. 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.