sustained H-1B Case: Real Estate Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 7906398 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 27, 2020 
The Petitioner, an Internet-based real estate database company, seeks to temporarily employ the 
Beneficiary 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 Director of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualified as a specialty occupation. On appeal, the Petitioner 
contends that it has established the proffered position is a specialty occupation. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review , we will sustain the appeal. 1 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l) , defines the term "specialty occupation" as an 
occupation that requires : 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) 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 this statutory definition , but adds a 
non-exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
1 We follow the preponderance of the evidence standard. Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010) . 
(]) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). 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"). 
II. ANALYSIS 
On appeal the Petitioner asserts that it has satisfied the regulatory criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). We do not find sufficient probative evidence in the record to establish the 
criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]), (3), or the first prong of (2). As will be discussed the 
Petitioner has established the second prong of the second criterion and the fourth criterion. 
The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), is satisfied if the Petitioner shows 
that its particular position is so complex or unique that it can be performed only by an individual with 
at least a bachelor's degree in a specific specialty, or its equivalent. The fourth criterion at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A) requires a petitioner to establish that the nature of the specific duties is so 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. 
We have carefully reviewed the duties of the proposed position. The Petitioner initially provided a 
general description of the Beneficiary's proposed duties and later added explanations of the duties as 
the Beneficiary would be required to carry them out. The elaboration of duties when reviewed within 
the context of the Petitioner's overall business operations describes a position that includes duties that 
are unique to the Petitioner's business such that the position requires bachelor degrees, or higher, in 
specific specialties that relate directly to the duties of the position. The Petitioner has communicated 
the actual work that the Beneficiary will perform; (2) the complexity, uniqueness, or specialization of 
the tasks; and (3) the correlation between that work and a need for a particular level of education and 
knowledge. 
2 
Specifically, the Petitioner's description of duties and explanations of those duties within the context 
of its business operation demonstrate that the duties are so unique and complex that they require a 
higher level of understanding and expertise than a general bachelor's degree. In addition, the record 
includes examples of work product which show the complexity and specialization of the position such 
that a bachelor's degree in a specific specialty is required. Further, the record includes evidence of 
the Beneficiary's level of responsibility within the organization and the Petitioner has appropriately 
accounted for the level of responsibility, uniqueness, and complexity of the position with the 
certification of the Beneficiary's wage level on the labor condition application (LCA) submitted in 
support of the petition. 2 
When considering all these factors, the Petitioner sufficiently distinguishes the proffered position from 
positions within the occupation that do not require at least a baccalaureate degree in a specific 
specialty, or its equivalent, for entry into the occupation. And when viewed in its totality, the record 
establishes, that more that more likely than not, the nature of the specific duties is so unique, 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. Finally, the 
record establishes that the position proffered here actually requires the theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a baccalaureate or higher 
degree in a specific specialty as the minimum for entry into the occupation as required by the Act. 
III. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has sustained that burden. 
ORDER: The appeal is sustained. 
2 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1 B worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the employer 
to other employees with similar duties. experience and qualifications who are performing the same services. See Section 
212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
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