sustained H-1B Case: Mechanical Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-A- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 19, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , an architecture and engineering firm, seeks to temporarily employ the Beneficiary as a 
"mechanical 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)(15)(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 California Service Center Director denied the petition , concluding that the Petitioner had not 
established that the Beneficiary is qualified to perform the position . On appeal, the Petitioner submits 
a brief and additional documentation and asserts that the Director erred and the Beneficiary is qualified 
to perform the duties of the position. 
In this matter , the record demonstrates that the proffered position is a specialty occupation. Our review 
of the Beneficiary's academic credentials , the opinions regarding the duties and the requirements 
necessary to perform those duties, establish that the Beneficiary is qualified to perform the duties of 
the proffered position. The Petitioner has established that the Beneficiary's U.S. bachelor's degree 
shares sufficient commonality with the degree required to perfonn the proffered position. The totality 
of the record establishes that, more likely than not, the Petitioner's particular position 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 ( or its equivalent) as a minimum for entering into the 
occupation in the United States. And further, that the Beneficiary's bachelor's degree is directly related 
to the proffered position. The Beneficiary is academically qualified to perform the duties of the specialty 
occupation. 
ORDER: The appeal is sustained. 
Cite as Matter of G-A- LLC, ID# 6412335 (AAO Sept. 19, 2019)