sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9693081 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 26, 2020 
The Petitioner seeks to temporarily employ the Beneficiary 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)(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. 
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 l&N Dec. 369, 375 (AAO 2010). Upon de nova 
review, we will sustain the appeal. 1 
While the Petitioner did not provide the practice group within which the Beneficiary would work, it 
did provide credible, detailed descriptions of both the proffered position's duties and the type of 
projects he may work on, which align with the requirements for the position. For example, the 
Beneficiary's focus will be on complex construction/engineering projects that require a strong 
knowledge of engineering processes and operations. 2 When reviewed within the context of the 
Petitioner's business operations, the evidence of record is sufficient to demonstrate that the 
Beneficiary's position requires a "body of highly specialized knowledge" attained through a precise 
and specific course of study that closely and directly relates to the 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 
1 We review the questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 53 7, 53 7 n.2 (AAO 2015). 
2 The Beneficiary holds a bachelor of science degree in civil and environmental engineering with a minor in business from 
I !University and, at the time of filing, was pursuing a PhD in transportation system analysis and planning from 
I I University . 
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)(2). 
ORDER: The appeal is sustained. 
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