sustained H-1B Case: Information Security

U.S. Citizenship 
and Immigration 
Services 
In Re: 12269657 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 3, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "senior security architect" 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 Vermont Service Center denied the petition , concluding that the record did not 
establish that the position qualified as a specialty occupation under any of the criteria in 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) . The matter is now before us on appeal. On appeal, the Petitioner asserts that 
the Director's decision was in error. 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 nova. 2 Upon de nova review, we will sustain the appeal. 
The totality of the evidence, including the Petitioner's business operations, the detailed description of 
the duties, and the Beneficiary's role and level of responsibility in the proposed position, establishes 
that more likely than not the nature of the proffered position's specific duties is so specialized and 
complex that the knowledge required to perform them is usually associated with the attainment of at 
least a bachelor's degree (or higher) in a specific specialty.3 The Petitioner has also established that 
1 Section 291 of the Act; Matter of Chawathe, 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 The Petitioner asserts that the minimum qualifications for the position are a bachelor's degree in mechanical engineering, 
software engineering or a related field. However, the specialized and complex duties of the position demonstrate that the 
actual minimum requirement to perform the position would be a bachelor's degree in the named fields as well as several 
years of related work experience and the knowledge gained through successful completion of various computer systems' 
certifications. We note that in response to the Director's request for evidence, the Petitioner describes and explains the 
need for the Beneficiary 's extensive work experience and certifications, as well as his underlying degree to perform the 
specialized and complex duties of the proffered position. Additionally, the Petitioner designates the proffered position as 
a wage level IV position on the certified LCA, which takes into account the required work experience, certifications, and 
special skills needed to perform the position. Thus, upon review of the totality of the evidence, including the detailed 
description of duties and the wage level on the certified LCA, the position more likely than not is a specialty occupation . 
the proffered position qualifies for classification as a specialty occupation as that term is 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). Further, the 
Petitioner has provided a labor condition application that is commensurate with the specialized and 
complex duties and the Beneficiary's level ofresponsibility. 4 Additionally, the record establishes that 
the Beneficiary is qualified to perform the services of this specialty occupation. 
ORDER: The appeal is sustained. 
However, to avoid confusion in future H-IB filings, the Petitioner should better clarify and explain the actual minimum 
requirements to perform the duties of the proffered position, including work experience, certifications. and any other 
special skills necessary to perform the position. 
4 On the labor condition application (LCA) submitted in suppmi of the H- lB petition, the Petitioner designated the 
proffered position under the occupational category "Information Security Analysts" conesponding to the Standard 
Occupational Classification code 15-1122 from the Occupational Information Network (O*NET). We note that the duties 
involved in the proffered position are more complex than the O*NET's "Information Security Analysts" tasks. which 
further support a conclusion that the minimum qualifications for the position are more than a bachelor's degree in the 
named fields. As noted, the Petitioner adequately accommodated for the position's additional work experience and skills 
needed to perform the duties of the position by designating the highest wage level, wage level IV on the ce11ified LCA. 
2