sustained H-1B Case: Geographic Information System Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 5384957 
Appeal of California Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 15, 2020 
The Petitioner, a geographic information system technology design and development company, seeks 
to temporarily employ the Beneficiary as a "product engineer" under the H-lB nonimmigrant 
classification for specialty occupations. Immigration and Nationality 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 California Service Center denied the petition, concluding that 1) the proffered 
position did not qualify as a specialty occupation and 2) the Beneficiary is not qualified to perform the 
duties of the proffered position. Upon de nova review, we will sustain the appeal. 
Based upon our review of the entire record, we conclude that the particular position being offered to 
the Beneficiary 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). The Petitioner has provided a detailed job 
description and established that these duties, when performed within the context of its specific business 
operations, are so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree, as required by the regulation at 
8 C.F.R. § 214 .2(h)(4)(iii)(A)(4) . We also conclude that the Beneficiary's degree qualifies him to 
perform the duties of the proffered position consistent with section 214(i)(2)(B) and 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(l). 
ORDER: The appeal is sustained.