sustained H-1B Case: Mechanical Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 8804409 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUNE 1, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "CAD engineer" under the H-lB 
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)(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 know ledge 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proposed position qualifies as a specialty occupation and that the Beneficiary will 
perform services in a specialty occupation for the requested period of intended employment. On 
appeal, the Petitioner asserts that the Director erred and it has established eligibility for this benefit. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. 1 The Administrative Appeals Office (AAO) reviews the questions in 
this matter de novo.2 Upon de nova review, we will sustain the appeal. 
On the certified labor condition application submitted in support of the petition, the Petitioner 
designates the proposed position as a Standard Occupation Classification code 17-2141, "Mechanical 
Engineers" occupation. The Petitioner describes the duties of a mechanical engineer, provides 
information on multiple in-house projects and the Beneficiary's role within the projects, and submits 
purchase orders indicating that several of the proposed projects had begun. The totality of the record 
includes sufficient evidence that more likely than not the proposed position is a specialty occupation 
and that the Beneficiary will perform services in a specialty occupation for the requested employment 
period. 
ORDER: The appeal is sustained. 
1 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010) . 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015).