sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-S- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 21,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as a 
"UCCE/PCCE engineer" under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The 
H-1B 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, California Service Center, denied the petition. The Director concluded that the 
evidence df record did not demonstrate that the Beneficiary was qualified to perform the duties of a 
specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits both a brief and 
additional evidence. Upon de novo review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we find that the Petitioner has overcome the basis 
of the Director's denial. Specifically, while the Director properly denied the petition for failure to 
submit an evaluation of the Beneficiary's foreign degree in response to the Director's request for 
evidence, the Petitioner supplemented the record on appeal. Therefore, the totality of evidence now 
establishes that the Beneficiary is qualified to perform the duties of the proffered position in 
accordance with the requirements at 8 C.F.R. § 214.2(h)(4)(iii)(C). 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter o.fOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter o.fC-S- Inc., ID# 72353 (AAO Dec. 21, 2016)