sustained H-1B Case: Sales Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 18849210 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 4, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "regional sales engineer" under the H-lB 
nonimrnigrant classification for specialty occupations.1 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 proposed position qualifies as a specialty occupation. On appeal, the Petitioner 
asserts that the Director erred and it has established eligibility for this benefit. The Administrative 
Appeals Office initially rejected the appeal as untimely filed, but subsequently notified the Petitioner 
that the rejection decision was being withdrawn and that a decision on the merits of the appeal would 
be issued. Thus, we are reopening the matter on a service motion. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. 2 The Administrative Appeals Office reviews the questions in this 
matter de novo. 3 Upon de novo review, we will sustain the appeal. 
The Petitioner initially provided a broad overview of the proposed position, paraphrasing the duties 
outlined in the Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) report on 
"Sales Engineers" 4 and the DOL's Occupational Information Network (O*NET) summary report on 
"Sales Engineers" standard occupational classification 41-9031. 5 However, providing generic job 
duties for a proffered position from the O*NET, Handbook, or another Internet source, is not sufficient 
to establish that the Beneficiary will perform services in a specialty occupation. Cf Fedin Bros. Co., 
Ltd. v. Sava, 724 F. Supp. 1103 (E.D.N.Y. 1989), ajfd, 905 F.2d 41 (2d. Cir. 1990) (Specifics are an 
1 See Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b ), 8 U.S.C. § l 10l(a)(15)(H)(i)(b). 
2 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369,375 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
4 See Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook , Sales Engineers, 
https://www.bls.gov /ooh/sales/sales-engineers.htm#tab-2 (last visited Aug. 4, 2021). 
5 See O*NET's Summary Report for "Sales Engineers" SOC code 41-9031 at 
https://www.onetonline .org/link/summary /41-9031.00 (last visited Aug. 4, 2021). 
important indication of the nature of the Beneficiary's duties, otherwise meeting the requirements 
would simply be a matter of providing a job title or reiterating the regulation). While this type of 
description may be appropriate when defining the range of duties that may be performed within an 
occupational category, without information describing the Beneficiary's specific tasks to be performed 
within the Petitioner's business, a generic description does not establish the substantive nature of the 
proffered position's duties or demonstrate that performing such duties would require the theoretical 
and practical application of highly specialized knowledge and attainment of at least a bachelor's degree 
in a specific specialty or its equivalent. 
The Petitioner, however, elaborated on the initial duties in its response to the Director's request for 
evidence (RFE), and also provided the Beneficiary's work product to substantiate how the Beneficiary 
performed the duties described. The duties and work product demonstrate the individual in this 
position requires specialized technical knowledge and a bachelor's-level understanding of mechanical 
engineering of the Petitioner's product. The elaboration of the proposed duties coupled with the work 
product, when reviewed within the context of the Petitioner's business operations, describes a "Sales 
Engineers" position that is sufficiently complex that a bachelor's degree in a specific specialty would 
be required in order to perform it. 
When considering all these factors, the Petitioner sufficiently distinguishes the proffered position from 
sales engineers' occupations 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 likely than not, 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. Finally, the record is also sufficient to establish 
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 ( or its equivalent) as the minimum for entry into the occupation as required by the Act. 
Accordingly, 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. Additionally, the labor condition application and 
wage level correspond to and support the petition. Further, the Beneficiary is academically qualified to 
perform the duties of the position. 
ORDER: The appeal is sustained. 
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