sustained H-1B Case: Semiconductor Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 10144475 
Appeal of Vermont 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 , a semiconductor manufacturer , seeks to temporarily employ the Beneficiary as an 
"Analog Engineer " under the H-lB nonimrnigrant classification for specialty occupations . See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § l 10l(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 Vermont 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 l&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. 
§ l 184(i)(l) , and 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner provided new evidence on appeal that, 
when considered in conjunction with the job description previously submitted , establishes that the 
position duties are so complex or unique 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). 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)(J). 
ORDER: The appeal is sustained .