sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 10088549 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 5, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "engineer" under the H-IB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(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 Vermont Service Center denied the petition, concluding that the record did not establish 
that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner submits an appellate 
brief and contends that the petition should be approved. 
It is the Petitioner's burden to establish eligibility for the requested benefit by a preponderance of the 
evidence. 1 We review the questions in this matter de novo.2 Upon de nova review, we will sustain 
the appeal. 
The Petitioner has explained that it would employ the Beneficiary within its "New Ventures 
Technology Team" practice group, and it has provided credible, detailed descriptions of the duties he 
would perform, and of the types of projects upon which he would work, as part of his employment in 
that practice area. The Petitioner has also consistently and credibly described the narrow range of 
degrees it would find acceptable for entry into the position and explained how each one relates directly 
to the position's duties. When reviewed within the context of the Petitioner's business operations, we 
find the evidence of record sufficient to demonstrate that this Beneficiary's work would in fact involve 
a "body of highly specialized knowledge" attained through a precise and specific course of study that 
relates directly and closely to the proffered position. 
The evidence of record therefore establishes that the proffered 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. It therefore qualifies for classification as a specialty 
1 See Section 291 of the Act; see also Matter ofChawath e, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
occupation as the term is defined at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). It also 
establishes that the position is so complex or unique that it can only be performed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). The record demonstrates that the Beneficiary possesses a U.S. bachelor's degree 
with double majors in electrical engineering and computer science, so he is qualified to perform the duties of 
this specialty occupation. 
ORDER: The appeal is sustained. 
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