sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 7260140 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 30, 2020 
The Petitioner , a manufacturer of energy and engineering equipment, seeks to employ the Beneficiary 
temporarily as a "sales engineer" 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 Form I-129, Petition for a Nonirnmigrant 
Worker, concluding that the record did not establish that the proffered position qualified as a specialty 
occupation. On appeal, the Petitioner asserts that the Director erred when she denied the petition. 
Upon de nova review, 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. 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. The Petitioner demonstrated that the Beneficiary would require a set of specialized 
knowledge pertaining to the engineering concepts relating to chemical reactions while performing this 
position's duties. 
In addition, the Petitioner established that the duties require specialized knowledge usually associated 
with a bachelor's or higher degree in a specific specialty by outlining the educational requirements 
that consist of a specific range of acceptable degrees. 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 .