sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 5982302 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 23, 2020 
The Petitioner, a mapping and location technology company, seeks to employ the Beneficiary 
temporarily under the H-IB 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-IB 
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 the proffered position qualified as a specialty occupation. 1 On appeal, the Petitioner 
submits additional evidence and asserts the Director erred in denying the petition. 
The Petitioner has demonstrated eligibility for this classification by a preponderance of the evidence. The 
Petitioner's position description, when reviewed within the broader context of its operations, depicts a 
position that includes duties sufficiently complex that a qualifying degree would be required to perform 
them. The position appears comprised of multiple Standard Occupational Classification codes, of which 
it selected the code with the highest paying wage and correspondingly increased the wage level. In 
particular, the Petitioner has devised duties that comprise a position addressing cost-saving efficiencies 
in the way that it processes data, and improves the organization's related information systems. The 
Beneficiary will continue to identify problem areas within the organization's cost transparency systems 
and procedures, as well as recommend and modify software programs for enhanced organizational 
performance. 
Considering the aggregate of the evidence within the present record, it appears that the full spectrum of 
the duties exceeds those of neophyte-level positions and we are sufficiently persuaded to conclude in the 
Petitioner's favor. As a result, the Petitioner has demonstrated that the nature of the position's duties is 
so specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. 
1 Within this decision, we only analyze the issues related to the petition itself and we make no determination on the 
procedures surrounding Beneficiary's status. 
8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4). The Petitioner has also established that the position satisfies the 
statutory definition of a specialty occupation found within section 214(i)( 1) of the Act. 
ORDER: The appeal is sustained. 
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