sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9733986 
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 9, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a support engineer II 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 that the position qualified as a specialty occupation under any of the criteria in 8 C.F.R. § 
214.2(h)(4)(iii)(A) . The matter is now before us on appeal. On appeal, the Petitioner asserts that the 
Director's decision was in error. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
See 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 
submitted evidence to establish that, more likely than not, it normally requires a bachelor's degree in 
a specific specialty , or its equivalent , for the position. Therefore , the record satisfies the 
third criterion of the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A). 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. And farther, that the Beneficiary's academic degree is directly related 
to the duties of the proffered position. 
ORDER: The appeal is sustained. 
2