sustained H-1B Case: Hardware Engineer

U.S. Citizenship 
and Immigration 
Services 
In Re: 8283823 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 19, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "hardware 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the Beneficiary is qualified to perform the position . On appeal, the Petitioner submits 
a brief and additional documentation and asserts that the Director erred and the Beneficiary is qualified 
to perform the duties of the position . 
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. 
In this matter , the record demonstrates that the proffered position is a specialty occupation . Our review 
of the Beneficiary's academic credentials , the opinions regarding the duties and the requirements 
necessary to perform those duties, and the evidence regarding the relationship between the duties and 
the Beneficiary's academic background establish that the Beneficiary is qualified to perform the duties 
of the proffered position . The Petitioner has established that the Beneficiary's U.S. degrees share 
sufficient commonality with the degree required to perform the proffered position. The totality of the 
record establishes that, more likely than not, the Petitioner's particular 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) as a minimum for entering into the occupation 
in the United States. And further, that the Beneficiary's U.S. degrees are directly related to the proffered 
position. The Beneficiary is academically qualified to perfonn the duties of the specialty occupation. 
ORDER: The appeal is sustained. 
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) .