sustained H-1B Case: Industrial Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 8829611 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 26, 2020 
The Petitioner, a distributor of paper and packaging supplies, seeks to temporarily employ the 
Beneficiary under the H-lB nonimmigrant classification for specialty occupations . See Immigration 
and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § l 10l(a)(l5)(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 record did not 
establish that that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
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 
sufficiently articulated 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 .