sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 10344208 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 16, 2020 
The Petitioner, an information technology solutions provider, seeks to extend the Beneficiary's 
temporary employment as a "SQL developer" under the H-lB nonimmigrant classification for specialty 
occupations. 1 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 Petitioner did not 
establish that it would have qualifying work available for the Beneficiary throughout the requested 
validity period. The Director further determined the record did not establish that the proffered position 
qualifies as a specialty occupation . 
While this appeal was pending, the U.S. District Court for the District of Columbia issued a decision 
inltserve Alliance, Inc. v. Cissna, --- F.Supp.3d--- , 2020 WL 1150186 (D.D.C. 2020). Subsequently, 
U.S . Citizenship and Immigration Services rescinded previously issued policy guidance relating to 
H-lB petitions filed for workers who will be employed at one or more third-party worksites. 2 As part 
of the basis for the Director's speculative employment determination was rescinded , in addition to the 
evidence in the record, we withdraw the Director's determination on this matter. 
We further determine that the Petitioner has shown 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 
described the position and explained why the duties are sufficiently specialized and complex. In 
addition, the Petitioner established that the duties require specialized knowledge usually associated 
with a bachelor's or higher degree in a specific specialty by outlining the educational requirements 
that consist of a specific range of acceptable degrees. 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 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. § l 101(a)(l5)(H)(i)(b). 
2 USCIS Policy Memorandum PM-602-0114 , Rescission of Policy Memoranda at 2 (June 17, 2020), 
http://www.uscis.gov/legal-resources /policy-memoranda . 
qualifies for classification as a specialty occupation as defined by section 2 l 4(i)(l) of the Act, 8 U.S.C. 
§ l 184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
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