sustained H-1B Case: Human Factors Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 8820166 
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 19, 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)(l5)(H)(i)(b), 
8 U.S.C. § 1101(a)(l5)(H)(i)(b). 
The California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the labor condition application (LCA) supports the occupational classification for the 
proffered position, and the proffered position is a specialty occupation. On appeal, the Petitioner 
submits a brief asserting that the Director erred and the Petitioner 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 We review the questions in this matter de novo.2 Upon de nova 
review, we will sustain the appeal. 
On the LCA 3 submitted in support of the H-1 B petition, the Petitioner designated the proffered position 
under the occupational category "Industrial Engineers" corresponding to the Standard Occupational 
Classification code 17-2112 from the Occupational Information Network. In response to the Director's 
request for evidence, the Petitioner clarified that the proffered position should be classified as a 
"Human Factors Engineers and Ergonomists" occupation, a sub-category of SOC code 17-2112, more 
specifically, SOC code 17-2112.01. Upon our review of the duties of the proffered position, we agree 
that for this particular position, the duties fall within the parameters of this occupation and the 
Petitioner has chosen the highest paying occupational code relevant to these job duties. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). Specifically, we conclude that the nature of the specific duties 
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 A petitioner submits the LCA to the U.S. Department of Labor to demonstrate that it will pay an H-lB worker the higher 
of either the prevailing wage for the occupational classification in the area of employment or the actual wage paid by the 
employer to other employees with similar duties, experience, and qualifications . Section 212(n)(l) of the Act; 20 C.F.R. 
§ 655.731(a) . 
is so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent, as required by 
8 C.F.R. § 214.2(h)(4)(iii)(A)(4). The Petitioner provided a sufficiently detailed description and 
explained the Beneficiary's proposed work in software design for computer systems. The Petitioner 
supported the requirements for the proposed position with a thorough position evaluation to establish 
that the duties of the position required a baccalaureate or higher degree in a specific discipline, or its 
equivalent. The proposed duties, when reviewed within the context of the Petitioner's business 
operations, are sufficient to demonstrate that the duties of the position require a "body of highly 
specialized knowledge" attained through a precise and specific course of study that relates directly 
and closely to 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. The Petitioner has 
established that the proffered position qualifies for classification as a specialty occupation as defined by 
section 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l), 8 C.F.R. § 214.2(h)(4)(ii), and (iii)(A)(4). Additionally, 
the record establishes that the Beneficiary is qualified to perform the duties of the proffered position 
by holding a qualifying degree from an accredited college or university in the United States. Section 
214(i)(2) of the Act; 8 C.F.R. § 214.2(h)(4)(iii)(C)(]). 
ORDER: The appeal is sustained. 
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