sustained H-1B Case: Network Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 9731194 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUNE 8, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "network analyst" 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 is a specialty occupation. The Petitioner bears the burden of proof 
to demonstrate eligibility by a preponderance of the evidence. Section 291 of the Act; Matter of 
Chawathe, 25 I&N Dec. 369, 375 (AAO 2010) . 
Upon de nova review , we conclude that the Petitioner has established that the proffered position 
qualifies for classification as a specialty occupation as defined by section 214(i)(l) of the Act, 8 U.S .C. 
§ 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner has provided a detailed job description 
and established that these duties, when performed within the context of its specific business operations, 
are so complex that they can only be performed by an individual with a baccalaureate or higher degree 
in a specific specialty or its equivalent, as required by the regulation at 8 C.F.R. 
§ 214 .2(h)(4)(iii)(A)(2) . Specifically , the record demonstrates that a degree in electronics engineering, 
computer network engineering, or the equivalent is required given the complexity of the position in 
question. Further, the record establishes that the Beneficiary is qualified to perform the duties of the 
proffered position under section 214(i)(2) of the Act; 8 C.F.R. § 214.2(h)(4)(iii)(C)(l). 
ORDER: The appeal is sustained.