sustained H-1B Case: Engineering

p~~C COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: EAC 03 244 55283 Office: VERMONT SERVICE CENTER Date: f LB 2 3 zm 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 lOl(a)(l S)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 03 244 55283 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. 
 The petition will be 
approved. 
The petitioner is engaged in the business of engineering, manufacturing and marketing environmental products, 
including water 
 distributor of water purifiers, air purifiers, and water 
It seeks to employ the beneficiary as a sales engineer and 
in a specialty occupation pursuant to section 
10 1 (a)(l 5)(H)(i)(b) ofthe Immigration and ~aionality Act (the Act), 8 U.S.C. 5 1 1 
 (a)(l~)(~)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal the petitioner submits a brief indicating that the offered position is a specialty occupation. 
The first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section I0 1 (a)(] S)(H)(i)(b) of the Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 1184(i)(l), defines the term "specialty occupation" as an occupation 
that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, and 
(B) 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 term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry 
into the occupation in the United States. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among similar 
organizations or, in the alternative, an employer may show that its particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
EAC 03 244 55283 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are so specialized and complex that knowledge required 
to perfonn the duties is usually associated with the attainment of a baccalaureate or 
higher degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 
 8 C.F.R. 
5 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) the Form 1-129 and supporting documentation; (2) 
the director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a sales engineer. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Advise and explain to prospective customers company products and the details of technology, 
material components such as tanks, pumps, and valves operation, and specification of water 
purification systems; 
Maintain quality assurance, selecting and evaluating the competence of technical sales engineers, and 
coaching and supervising a team of sales engineers in inspection, laboratory analysis, and technical 
and sales practices to communicate customer issues, to address customer questions, and to provide 
customers with the best possible solutions to meet business needs; 
Work closely with direct sales for large and complex accounts to educate prospective customers about 
the benefits and capabilities of the petitioner's products and services; 
Perform customer support services which include conference calls, site visits, presentations, technical 
evaluations, technical objection handling, upgrades and follow up on customer related issues; 
Provide field input and be actively engaged in product management for design in opportunities and 
business forecast and future product direction and strategy; 
Support the sales process by offering technical knowledge while addressing customer concerns 
regarding technical specifications; 
Remain up-to-date on industry standards and emerging technologies for security products; and 
Translate some specifications, brochures and instruction manuals, or verify such translations prepared 
by translation agencies and prepare application notes. 
The petitioner requires a minimum of a bachelor's degree in engineering for entry into the proffered position. 
EAC 03 244 55283 
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Upon review of the record, the petitioner has established that the proffered position qualifies as a specialty 
occupation. The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook 
(Handbook) for information about the duties and educational requirements of particular occupations. The duties 
of the proffered position appear to be essentially those noted for sales engineers. Using their engineering slulls, 
sales engineers help customers determine which products or services provided by the sales engineer's employer 
best suit their needs. These occupations are frequently referred to as manufacturers' agents, sales representatives, 
or technical sales support workers, and often work with production, engineering, or research and development 
departments to determine how products and services could be designed or modified to meet the customer's needs, 
and advise on how to best utilize the products or services provided. Sales engineers use their technical slulls to 
demonstrate to potential customers how and why the products or services they are selling would suit the customer 
better than competitors' products. The petitioner sells water purification systems and related products to 
individual customers and distributors, providing product testing, on-site product services and system design, and 
after-sale product monitoring and technical support. The duties described for the position appear to be 
sufficiently complex to require the knowledge of an engineer to support sales functions. The Handbook notes that 
a bachelor's degree in engineering is usually required to become a sales engineer. The petitioner has, therefore, 
satisfied the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I), and the proffered position qualifies as a specialty 
occupation. 
The director did not determine whether the beneficiary is qualified to perform the duties of the proffered 
position as the petition was denied on another ground. The record is, however, sufficient for the AAO to 
make that determination. 
Section 214(i)(2) of the Act, 8 U.S.C. 5 1184 (i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess: 
(A) full state licensure to practice in the occupation, if such licensure is required to 
practice in the occupation, 
(B) 
 completion of the degree described in paragraph (I)(B) for the occupation, or 
(C) 
 (i) experience in the specialty equivalent to the completion of such degree, and 
(ii) recognition of expertise in the specialty through progressively responsible 
positions relating to the specialty. 
Pursuant to 8 C.F.R. 8 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, the alien 
must meet one of the following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or 
higher degree 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 
EAC 03 244 55283 
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(4) Have education, specialized training, andor progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the 
specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D), for purposes of paragraph (h)(4)(iii)(C)(4) of this section, 
equivalence to completion of a United States baccalaureate or higher degree shall mean achievement of a 
level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal 
to that of an individual who has a baccalaureate or higher degree in the specialty and shall be determined by 
one or more of the following: 
(1) An evaluation from an official who has authority to grant college-level credit for 
training and/or experience in the specialty at an accredited college or university which 
has a program for granting such credit based on an individual's training and/or work 
experience; 
(2) The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; 
(4) Evidence of certification or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or 
registration to persons in the occupational specialty who have achieved a certain level 
of competence in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, andlor work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
and experience. 
The beneficiary's foreign education has been determined by a reliable credentials evaluation service to be 
equivalent to a Bachelor of Science degree in Industrial Engineering from an accredited college or university 
in the United States. 8 C.F.R. 5 214.2(h)(4)(iii)(D)(3). The beneficiary is, therefore, qualified to perform the 
duties of a specialty occupation. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
tj 1361. The petitioner has sustained that burden. Accordingly, the decision of the director will be withdrawn 
and the appeal will be sustained. 
ORDER: The decision of the director is withdrawn and the appeal is sustained. The petition is approved.