sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 20, 2024 In Re: 35519766 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary as a supervising senior enterprise solutions 
engineer under the H-lB nonirnrnigrant 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 file a petition with U.S. Citizenship and Immigration Services 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 Texas Service Center Director denied the Form 1-129, Petition for a Nonirnrnigrant Worker 
(petition), concluding the record did not establish the Beneficiary was qualified for the offered position 
under the relevant regulatory criteria at 8 C.F.R. § 214.2(h)(4)(iii)(C). The matter is now before us on 
appeal. The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the 
evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in 
this matter de novo. Matter ofChristo 's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo 
review, we will sustain the appeal. 
Section 101(a)(15)(H)(i)(b) of the Act defines an H-lB nonirnrnigrant as a foreign national "who is 
corning temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) ... . " Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty 
occupation" as an occupation that requires the "theoretical and practical application of a body of highly 
specialized knowledge, and 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." The regulation at 
8 C.F.R. § 214.2(h)(4)(ii) largely restates section 214(i)(l) of the Act but adds a non-exhaustive list of 
fields of endeavor. 
In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the offered position must meet one of four 
criteria to qualify as a specialty occupation position. 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with 
the statutory and regulatory definitions of a specialty occupation under section 214(i)(l) of the Act 
and 8 C.F.R. § 214.2(h)(4)(ii). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). Lastly, 8 C.F.R. § 214.2(h)(4)(i)(A)(l) states that an H-1B classification may be granted 
to a foreign national who "will pe1form services in a specialty occupation ... " ( emphasis added). 
Long standing legal standards require that the Director first determine whether the offered position 
qualifies for classification as a specialty occupation and then move to determine whether the 
beneficiary was qualified for the position at the time the nonimmigrant petition was filed. Cf Matter 
of Michael Hertz Assocs., 19 I&N Dec. 588, 560 (Comm'r 1988). The regulations at 8 C.F.R. 
§ 214.2(h)(4)(iii)(C) require that a beneficiary meet one of four criteria to qualify to perform services 
in a specialty occupation: 
(1) Hold a United States bachelor's degree or higher required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States bachelor's degree 
or higher required by the specialty occupation from an accredited college or university; 
(3) Hold an unrestricted State license, registration, or certification which authorizes him or 
her to fully practice the specialty occupation and be immediately engaged in that 
specialty in the state of intended employment; or 
(4) Have education, specialized training, and/or progressively responsible experience that is 
equivalent to completion of a United States bachelor's degree or higher in the specialty 
occupation, and have recognition of expertise in the specialty through progressively 
responsible positions directly related to the specialty. 
The Petitioner provides manufacturing technology services to industrial and life sciences companies. 
On the U.S. Department of Labor's (DOL) ETA Form 9035 & 9035E, Labor Condition Application 
for Nonimmigrant Workers, the Petitioner classified the position under the Electronics Engineers, 
Except Computer occupational classification. The Petitioner stated the position required at least a 
bachelor's degree in mechanical engineering or a closely related field. The Beneficiary holds a foreign 
degree evaluated to be equivalent to a U.S. bachelor's degree in mechanical engineering. 1 He also 
earned a U.S. master's degree in industrial management. In the denial, the Director incorrectly stated 
that "[t]he beneficiary's foreign education was evaluated to be equivalent to a U.S. bachelor's degree 
in Mechanical Engineering. This degree is not in a field that you indicate is required by the position." 
The Petitioner's degree requirements appear to closely align with DOL's Occupational Outlook 
Handbook profile that nearest represents the profile to the offered position. The position's duties also 
1 According to the American Association of Collegiate Registrars and Admissions Officers Electronic Database for Global 
Education (EDGE), a foreign degree such as the Beneficiary's represents the attainment of a level of education comparable 
to a bachelor's degree in the United States. We consider EDGE to be a reliable source of information about foreign 
credential equivalencies. See Confluence Intern.. Inc. v. Holder, Civil No. 08-2665 (DSD-JJG), 2009 WL 825793 (D. 
Minn. Mar. 27, 2009); Tisco Group. Inc. v. Napolitano, No. 09-cv-10072, 2010 WL 3464314 (E.D. Mich. Aug. 30, 2010); 
Sunshine Rehab Servs., Inc. v. USCIS, No. 09-13605, 2010 WL 3325442, at *9 (E.D. Mich. Aug. 20, 2010). See also 
Viraj, LLC v. Holder, No. 2:12-CV-00127-RWS, 2013 WL 1943431 (N.D. Ga. May 18, 2013). 
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support the Petitioner's educational requirements. We therefore conclude the Petitioner has shown 
that the job duties for the offered position, viewed in context with the scale and complexity of their 
business operations, demonstrate that the position requires the theoretical and practical application of 
a body of highly specialized knowledge and the attainment of a bachelor's degree or higher in the 
specific specialty or its equivalent. Moreover, we specifically conclude the record establishes that the 
nature of the specific duties is so specialized and complex that the knowledge required to perform the 
duties is usually associated with the attainment of a bachelor's or higher degree in a specific specialty. 
8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
That brings us to the Beneficiary's qualifications to occupy the offered position. The Beneficiary's 
foreign degree was evaluated to be equivalent to a U.S. Bachelor of Science in Mechanical 
Engineering. The record sufficiently demonstrates the Beneficiary's foreign bachelor's degree is 
equivalent to a qualifying U.S. degree. This leads us to decide the Beneficiary is qualified to perform 
services in the specialty occupation. 
Before us is a record of proceeding establishing the offered position requires the theoretical and 
practical application of a body of highly specialized knowledge and the attainment of a bachelor's 
degree or higher in the specific specialty or its equivalent. Moreover, the record demonstrates that the 
Beneficiary was qualified for the occupation at the time the Petitioner filed the petition. 
ORDER: The appeal is sustained. 
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