sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 06, 2024 In Re: 34509732 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary as a validation 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 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 
a brief with supporting documentation and contends that the petition should be approved. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de novo. See Matter ofChristo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de novo review, we will sustain the appeal. 
The record of proceeding establishes by a preponderance of the evidence that the proffered position 
requires an individual with a bachelor's degree in a specific specialty or its equivalent. In particular, 
we find compelling the updated advisory opinion, as well as the Petitioner's own support letter. Those 
letters explained persuasively what the Beneficiary would do while working for the Petitioner and its 
clients, and why the specified degrees are required to perform those 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 qualifies for classification as a specialty 
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 it therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4). The record demonstrates that the Beneficiary possesses a bachelor's degree and a 
U.S. master's degree in the required degree, so she is qualified to perform the duties of this specialty 
occupation. 
ORDER: The appeal is sustained. 
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