sustained H-1B Case: It Project Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 9, 2024 InRe : 31497275 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(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 California Service Center denied the petition, concluding that the record did not 
establish that the proffered position is a specialty occupation. Additionally, the Director found that 
the Petitioner did not establish that they paid the full filing fees due for the petition. 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. 
First, we conclude upon de novo review that the proffered position qualifies as a specialty occupation. 
Section 2 l 4(i)( 1) of the Act defines the term "specialty occupation" as one that requires the theoretical 
and practical application of a body of highly specialized knowledge and the attainment of a bachelor's 
or higher degree in the specific specialty as a minimum for entry into the occupation. Additionally, 
8 C.F.R. § 214.2(h)(4)(ii) refers to attainment of a bachelor's degree or higher in "a" specific specialty. 
We interpret the statutory "the" and the regulatory "a" to mean a singular specialty. But we do not so 
narrowly interpret the statute and regulation such that multiple closely related fields of study would 
not constitute a specialty to perform the duties of a related specialty occupation. In general, a 
minimum of a bachelor's or higher degree in more than one specialty is recognized as satisfying the 
"degree in the specific specialty (or its equivalent)" requirement of section 214(i)(l)(B) of the Act 
provided the specialties are closely related such that they constitute a common specialty required to 
perform the duties of the position. If they constitute a common specialty, then the required "body of 
highly specialized knowledge" would essentially be the same. 
The Petitioner seeks to employ the Beneficiary in the position of "IT project management consultant." 
On the labor condition application (LCA) submitted in support of the petition, the Petitioner classified 
the proffered position to be in the occupational category of "Operations Research Analysts" with 
Standard Occupational Classification (SOC) code 15-2031. The Petitioner states that the educational 
requirement for the position is a minimum of a bachelor's degree in computer science, information 
management, data analytics, or a related field. This is supported by the U.S. Department of Labor's 
Occupational Outlook Handbook (Handbook) profile for the occupation of "Operations Research 
Analysts," which states that the occupation typically requires either a bachelor's or a master's degree 
and that fields of degree may include "operations research or a related field, such as business, 
mathematics, engineering, or computer science." See Bureau of Labor Statistics, U.S. Dep't of Labor, 
Occupational Outlook Handbook, Operations Research Analysts (April 17, 2024), 
http://www.bls.gov/ooh/math/operations-research-analysts.htm. The Handbook further states that 
because the field of operations research is based on quantitative analysis and uses statistical and 
database software to assess and model data, students need extensive coursework in mathematics and 
computer science. The job duties for the proffered position further support the Petitioner's educational 
requirement, as they primarily relate to data modeling and visualization, formulating and applying 
mathematical models to develop and interpret information, and performing quantitative analysis. 
Here, we conclude that the job duties of the Petitioner's proffered position, particularly when viewed 
in context with the Petitioner's business operations and the Handbook's guidance, demonstrate that 
the position requires 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. 1 Specifically, we conclude that the evidence of record establishes that the proffered 
position is a specialty occupation because the nature of its specific duties are so specialized and 
complex that the knowledge required to perform the duties is usually associated with attainment of a 
bachelor's degree or higher. 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
Second, we conclude that the Petitioner has established that it has paid the filing fees due for the 
petition. Specifically, contrary to the Director, we conclude that the Petitioner has established that it 
is not subject to the fee instituted by Public Law 114-113.2 Public Law 114-113 requires the 
submission of an additional $4,000 fee for certain H-lB petitions. The fee applies to petitioners who 
employ 50 or more employees in the United States with more than 50% of those employees in H-lB, 
L-lA, or L-lB nonimmigrant status. The fee is required of petitioners that meet these criteria in an 
initial petition to grant H-lB status and a petition to change employers. 
The Petitioner did not submit the $4,000 Public Law 114-113 fee and contends that it is not subject to 
the fee because less than 50% of its workers are in H-lB, L-lA, or L-lB status. The Petitioner did not 
initially provide its current number of employees in the United States as requested on page 5, part 5, 
1 While the fields of business, engineering, and computer science typically would be considered disparate fields, the 
Handbook does not state that any general-purpose business degree or an engineering degree in an unrelated specialty would 
adequately prepare an individual for the occupation. Rather, the Handbook specifically refers to degrees that relate to 
operations research and include extensive coursework in mathematics and computer science, which neve1iheless may come 
with business or engineering related titles. 
2 Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, § 41 l(b), 129 Stat. 3006 (2015) (as amended by Bipartisan 
Budget Act of 2018, Pub. L. No. 115-123, § 30203, 132 Stat. 126). 
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item 14 of the Form 1-129, Petition for a Nonimmigrant Worker. In response to the Director's request 
for evidence (RFE), the Petitioner provided a new, completed page 5 of the Form 1-129, stating that 
its current number of employees in the United States is 10,408. The Petitioner also submitted in 
response to the RFE a letter from the Petitioner's Program Manager for Global Mobility and 
Immigration, dated October 18, 2023, stating that the company has approximately 10,408 employees 
and approximately 530 U.S.-based nonimmigrant foreign workers on Hor L status. The Petitioner 
also provided what it states is a printout from its enterprise management system stating that there are 
10,408 items in its "team member list." Finally, the record contains a letter from an HR Program 
Manager of the Petitioner, dated June 1, 2021, stating that the company has approximately 8,000 
employees and employs approximately 200 U.S.-based nonimmigrant foreign workers. 
The Director concluded that the evidence did not sufficiently demonstrate the number of the 
Petitioner's U.S. employees or the number of its employees in Hor L status as of the petition's filing 
date. The Director noted that the October 18, 2023 letter submitted in response to the RFE did not 
state the number of employees as of the petition's filing date but rather the current number of 
employees. Additionally, the Director noted that the letter did not specify that the 10,408 employees 
were U.S. employees only, rather than both U.S. and overseas employees. On appeal, the Petitioner 
provides a new statement from its Program Manager for Global Mobility and Immigration, dated 
December 15, 2023, stating that it currently has approximately 9,741 employees in the United States 
and approximately 530 U.S.-based nonimmigrant workers in Hor L status. The letter also states that 
its employees are not now and have not previously been made up of more than 50 percent of workers 
in H-1B, L-lA, or L-1B status. 
We conclude that the record is sufficient to demonstrate, by a preponderance of the evidence, that the 
Petitioner is not subject to the additional fee required by Public Law 114-113. While the Director is 
correct that the October 18, 2023 letter did not specify that the 10,408 number referred only to U.S. 
workers, we can conclude that this was the Petitioner's intended meaning. This is because 10,408 was 
also the number stated at part 5, item 14 on the completed page 5 of the Form 1-129 provided in 
response to the RFE, which asks specifically for the number of U.S. employees. Additionally, 
although the numbers provided in the June 2021, October 2023, and December 2023 letters vary 
slightly, they are relatively consistent and reflect a percentage of workers in H or L status that is not 
close to the 50% threshold necessary to trigger the Public Law 114-113 fee. 
The record therefore establishes that the proffered position requires 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. It also establishes that the nature of the specific duties 
are so specialized and complex that the knowledge required to perform the duties is usually associated 
with attainment of a bachelor's degree or higher. See 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Additionally, 
the record demonstrates that the Beneficiary possesses a U.S. master of science degree in information 
management and is therefore qualified for the position. Finally, the record demonstrates that the 
Petitioner is not subject to the fee at Public Law 114-113. 
ORDER: The appeal is sustained. 
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