sustained H-1B Case: Electrical Engineering

identiiLiagcbQldt6 
prevent clearly unwarranted 
invasion of personal privacy 
PIlBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. €J 1 1 Ol(a)(l S)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
 flu^& Robert P. Wiemann, 
Administrative Appeals &ice 
WAC 04 209 54080 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner is an electrical engineer firm that seeks to employ the beneficiary as an electrical 
engineer/CAD designer. The petitioner, therefore, endeavors to classify the beneficiary as a nonimrnigrant 
worker in a specialty occupation pursuant to section 10 l(a)(lS)(H)(i)(b) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. 9 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 1184(i)(l), defines the term "specialty occupation" as an occupation 
that requires: 
(A) 
 theoretical and practical application of a body of highly specialized knowledge, and 
(B) 
 attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) 
as a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. 9 214.2@)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(I) 
 A baccalaureate or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position; 
(2) 
 The degree requirement is common to the industry in parallel positions among similar 
organizations or, in the alternative, an employer may show that its particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
(3) 
 The employer normally requires a degree or its equivalent for the position; or 
(4) 
 The nature of the specific duties is so specialized and complex that knowledge required 
to perform the duties is usually associated with the attainment of a baccalaureate or 
higher degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
9 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
WAC 04 209 54080 
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director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an electrical engineer/CAD designer.. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary would perform duties that entail: developing, computing, and estimating and analyzing 
specifications, costs and manpower to be used on the electrical requirement of projects, utilizing electrical 
engineering principles and techniques; reviewing field reports to determine whether installed electrical 
systems conform with project designs and standards; developing and executing strategic and tactical electrical 
designs and construction efforts; designing detailed electrical layouts of a power, lighting, data system, public 
address system, and intrusion and fire alarm system using AutoCAD 2004 and preparing design layouts of a 
single line diagram and a riser diagram with panel board and voltage drop calculations; performing routine 
design and application using digitizers, plotters, CRTs and associated peripheral equipment; preparing design 
tapes for pattern generation, determining scales; performing calculations and preparing layouts, renditions, 
variations, and similar applications; digitizing and entering drawings and specifications and editing, revising, 
and updating changes to existing drawings, and converting circuit drawings to any configuration; designing 
detailed electrical layout of cable tray, earthing and bonding cable glands and sleeve, transformer, H.V.SB 
and L.V.SB using AutoCAD 2004; maintaining controls such as HVAC magnetic contractor and fuse and 
control units, and performing electrical and air conditioning installation as well as electrical equipment 
installation such as generator circuit breakers, panel boards, relays, water pumps, compressor, and gearboxes; 
developing application of controls, instruments, and systems aimed at improving performance and directing 
activities of projects; interfacing with management and employees to discuss existing and potential 
engineering problems; analyzing malfunctioning apparatus and machines by using electrical tools, blueprints, 
and schematic diagrams of machines; directing and coordinating the operation, maintenance, and repair of 
equipment and systems in the petitioner's projects; testing malfunctioning machinery and discussing the 
breakdown with maintenance workers and resolving the issues; and supporting all cross-functional and capital 
efforts. For the proposed position, the petitioner requires a bachelor's degree in electrical engineering and 
previous work experience. 
The director denied the petition, finding that the proposed duties reflect those of an electncal engineer 
technician and an electrical engineer drafter as those occupations are described in the Department of Labor's 
(DOL) Occupational Outlook Handbook (the Handbook), and that the Handbook indicates that these 
occupations do not require a baccalaureate degree in a specific specialty. The director noted that although the 
petitioner titled the proposed position "electrical engineer," the beneficiary will actually provide services as 
an unlicensed subordinate to an electrical engineer. Based on section 6740 of the Professional Engineers Act, 
the director concluded that subordinates to professional engineers cannot use the title of "electrical engineer" 
and that the beneficiary could perform engineering duties under the supervision of a licensed engineer, but 
that the beneficiary could not perform engineering duties as an "electrical engineer." The director found the 
submitted job postings, counsel's statements about the complexity and uniqueness of the proposed position, 
and the petitioner's assertion that CIS already approved a similar position as a specialty occupation 
WAC 04 209 54080 
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unpersuasive in establishing the proffered position as a specialty occupation. The director concluded that the 
evidence submitted failed to satisfy one of the criteria at 8 C.F.R. 3 214.2(h)(4)(iii)(A). 
On appeal, counsel states that the proposed duties pertain to an electrical engineer and that the Handbook 
supports his statement. According to counsel, the beneficiary will be supervised by a licensed electrical 
engineer. Counsel states that the petitioner is a contractor of electrical engineering jobs, providing electrical 
engineering services for architectural, industrial, and commercial projects. Counsel discusses exemptions 
under section 6737.3 of the 2004 Professional Engineers Act. Counsel submits copies of Internet job 
postings. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 8 C.F.R. 
214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The first criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A) requires that the petitioner establish that a baccalaureate or 
higher degree or its equivalent is normally the minimum requirement for entry into the particular position. As 
described by the petitioner the proposed duties are consistent with those of an electrical engineer, which the 
Handbook reveals is an occupation that requires a baccalaureate degree in a specific specialty such as 
electrical engineering. As such, the petitioner establishes the first criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A). 
The AAO will now consider whether the beneficiary is qualified for the proposed position, which resembles 
that of an electrical engineer. 
According to the Handbook, an electrical engineer is required to have a bachelor's degree in 
engineering and possess proper licensure. 
The record contains the beneficiary's transcript and bachelor of science degree in electrical engineering from 
the University of the East in the Philippine Islands. 
 The educational evaluation from International 
which is contained in the record, states that the beneficiary's 
bachelor's degree is the educational equivalent to a bachelor's degree in electrical engineering awarded by a 
regionally accredited college and university in the United States. 
The California Professional Engineers Act, Business and Professions Code section 6700-6799, Chapter 7, 
Professional Engineers, Article 3, Application of Chapter, Section 6740, indicates that a subordinate to an 
electrical engineer is exempt from registration as an electrical engineer. It states: 
A subordinate to a civil, electrical or mechanical engineer registered under this chapter, or a 
subordinate to a civil, electrical or mechanical engineer exempted from registration under this 
chapter, insofar as he acts solely in such capacity, is exempt from registration under the 
provisions of this chapter. This exemption, however, does not permit any such subordinate to 
practice civil, electrical or mechanical engineering in his own right or to use the title, "civil 
engineer" or "structural engineer" or "electrical engineer" or "mechanical engineer" or "soil 
engineer." 
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Section 6705 of the California Professional Engineers Act defines a subordinate as "any person who assists a 
registered professional engineer in the practice of professional engineering without assuming responsible 
charge of work." 
The petitioner does not require licensure for the proposed position; however, the submitted organizational 
chart reflects that the beneficiary will work under the supervision of a licensed electrical engineer. The 
record contains documentation from the State Board of Registration for Professional Engineers indicating that 
the petitioner employs a registered electrical engineer. 
Based on the evidence in the record, the AAO finds that the beneficiary is qualified for the proposed position. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. 
The petitioner has sustained that burden. 
ORDER: 
 The appeal is sustained. The petition is approved.