sustained H-1B Case: Industrial Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 20, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a telecommunications company, 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)(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 the Petitioner did 
not establish that the proffered position is a specialty occupation . 
On appeal, the Petitioner submits a brief and additional evidence, and asserts that the Director erred 
in denying the petition. Upon de nova review, we will sustain the appeal. 
We conclude that the record establishes that the nature of the specific duties 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. Specifically , the Petitioner has 
provided a detailed job description and explained why the duties are specialized and complex. The 
Petitioner has also established that the duties require specialized knowledge usually associated with a 
bachelor's or higher degree in industrial engineering. Therefore, the record satisfies the criterion at 
8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4). Further , 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. 
§ 1184(i)(l) , and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
Cite as Matter of A-S-, Inc., ID# 5058114 (AAO Sept. 20, 2019)