sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9002475 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 29, 2020 
The Petitioner seeks to extend the Beneficiary's temporary employment as a "research 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. § l 10l(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 California Service Center Director denied the petition, concluding that the requested employment 
period exceeds the six-year limit for H-lB workers and that the Petitioner had not established that the 
Beneficiary qualifies for an H-lB exemption beyond the sixth year. On appeal, the Petitioner asserts 
that the Director erred and it has established eligibility for this benefit. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence .1 The Administrative Appeals Office (AAO) reviews the questions in 
this matter de novo. 2 Upon de novo review, we will sustain the appeal. 
The Director correctly determined that the requested employment period exceeded the six-year limit for 
H-lB workers.3 However, the Director did not consider all the exemptions available to extend the 
six-year limit. The regulation at 8 C.F.R. § 214.2(h)(13)(iii)(D)(l)(ii) is applicable in this matter.4 In this 
matter, the Petitioner filed a Form 1-140, Immigrant Petition for Alien Worker, on behalf of the 
Beneficiary on June 5, 2018. The Form 1-140 petition is currently pending. Accordingly, the instant 
petition, filed June 26, 2019, may be granted in up to I-year increments until a final decision, including 
appeals, has been made to deny the immigrant visa petition, or, if approved, revoke such approval. 
1 Section 291 of the Act; Matter ofChawathe , 25 I&N Dec. 369,375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
3 The statutory limitation on the period of authorized admission or stay for an H-lB nonimmigrant is found at section 
214(g)(4) of the Act, 8 U.S.C. § l 184(g)(4). This statute specifically provides that "[i]n the case of a[n] [H-lB] 
nonimmigrant described in section 10l(a)(l5)(H)(i)(b) , the period of authorized admission as such a nonimmigrant may 
not exceed 6 years." 
4 Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 was codified at 8 C.F.R. 
§ 214.2(h)(l3)(iii)(D) and became effective January 17, 2017. 
8 C.F.R. § 214.2(h)(l3)(iii)(D)(2)(ii); 8 C.F.R. § 214.2(h)(l3)(iii)(D)(3). The requested one-year 
employment period in this matter is from July 1, 2019 to June 30, 2020. The petition may be approved 
for this time period. 
ORDER: The appeal is sustained. 
2