sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 24, 2024 In Re: 34080791 
Appeal of Texas Service Center Decision 
Form 1-129, Petition for a Nonimrnigrant Worker (H-lB) 
The Petitioner seeks to extend the temporary employment of the Beneficiary under the H-lB 
nonimrnigrant 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 file a petition with U.S. Citizenship and Immigration Services (USCIS) to temporarily 
employ a qualified nonimrnigrant 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 Texas Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary is qualified for the proffered position under any of the regulatory criteria 
at 8 C.F.R. § 214.2(h)(4)(iii)(C). The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
Section 101 (a)( 15)(H)(i)(b) of the Act defines an H-1 B nonimrnigrant as a foreign national "who is 
coming temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) .. . . " Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l) , defines the term "specialty 
occupation" as an occupation that requires the "theoretical and practical application of a body of highly 
specialized knowledge, and attainment of a bachelor 's or higher degree in the specific specialty ( or its 
equivalent) as a minimum for entry into the occupation in the United States." The regulation at 
8 C.F.R. § 214.2(h)(4)(ii) largely restates section 214(i)(l) of the Act but adds a non-exhaustive list of 
fields of endeavor. 
In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the proffered position must meet one of four 
criteria to qualify as a specialty occupation position. 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with 
the statutory and regulatory definitions of a specialty occupation under section 214(i)( 1) of the Act 
and 8 C.F.R. § 214.2(h)(4)(ii). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). Lastly, 8 C.F.R. § 214.2(h)(4)(i)(A)(]) states that an H-lB classification may be granted 
to a foreign national who "will perform services in a specialty occupation ... " (emphasis added). 
Long standing legal standards require that the Director first determine whether the proffered position 
qualifies for classification as a specialty occupation and then move to determine whether the 
beneficiary was qualified for the position at the time the nonimmigrant petition was filed. Cf Matter 
of Michael Hertz Assocs., 19 I&N Dec. 588, 560 (Comm'r 1988). The regulations at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(C) require that a beneficiary meet one of four criteria to qualify to perform services 
in a specialty occupation: 
(1) Hold a United States bachelor's degree or higher required by the specialty 
occupation from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States bachelor's 
degree or higher required by the specialty occupation from an accredited college 
or university; 
(3) Hold an unrestricted State license, registration, or certification which authorizes 
him or her to fully practice the specialty occupation and be immediately engaged 
in that specialty in the state of intended employment; or 
(4) Have education, specialized training, and/ or progressively 
responsible 
experience that is equivalent to completion of a United States bachelor's degree 
or higher in the specialty occupation, and have recognition of expertise in the 
specialty through progressively responsible positions directly related to the 
specialty. 
The Petitioner seeks to employ the Beneficiary in the position of "IT Applications Programmer." On 
the labor condition application (LCA) submitted in support of the petition, the Petitioner stated that 
the proffered position is in the occupational category of "Software Developers" with Standard 
Occupational Classification (SOC) code 15-1252. The Petitioner stated that its educational 
requirement for the position is consistent with the U.S. Department of Labor's Occupational Outlook 
Handbook (Handbook) profile for the occupation "Software Developers, Quality Assurance Analysts, 
and Testers," which states that the occupation typically requires a bachelor's degree in "computer and 
information technology or a related field such as engineering or mathematics." See Bureau of Labor 
Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Software Developers, Quality 
Assurance Analysts, and Testers (October 24, 2024), https://www.bls.gov/ooh/computer-and­
information-technology/software-developers.htm. The job duties for the proffered position further 
support the Petitioner's educational requirement, as they primarily relate to the development, testing, 
integration, deployment and maintaining key information technology applications. We therefore 
conclude that the Petitioner has shown that the job duties for the proffered position, viewed in context 
with the Handbook's guidance and the scale and complexity of the Petitioner's business operations, 
demonstrate that the position requires the theoretical and practical application of a body of highly 
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specialized knowledge and the attainment of a bachelor's degree or higher in the specific specialty or 
its equivalent. Moreover, we specifically conclude that the record establishes that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. 
8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
We tum next to the Beneficiary's qualification for the specialty occupation, which was the basis for 
the Director's denial. The Beneficiary possesses a bachelor's degree in electronics and 
communication engineering from ______ in India. The record contains an evaluation of 
the Beneficiary's education which concludes that the Beneficiary's bachelor of engineering degree is 
comparable to a U.S. bachelor of science degree in electronics engineering. We therefore conclude 
that the Beneficiary's bachelor of engineering degree is equivalent to a U.S. bachelor of science degree 
in electronics engineering. 
Therefore, the record establishes that the Beneficiary is qualified to perform services in the specialty 
occupation. The record demonstrates that the Petitioner will accept a bachelor's degree or higher in 
computer science, electronic engineering, or a related field. Because the Beneficiary possesses a 
foreign degree determined to be equivalent to a U. S. bachelor's degree in electronics engineering, the 
Beneficiary is qualified to perform the duties of this specialty occupation under 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(2). 
The evidence of record establishes that the proffered position requires both the theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a bachelor's degree or 
higher in the specific specialty or its equivalent. Moreover, the record establishes that the Beneficiary 
was qualified for the occupation at the time the petition was filed. 
ORDER: The appeal is sustained. 
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