sustained H-1B Case: Semiconductor Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF I- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 5, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a semiconductor manufacturing company , seeks to temporarily employ the Beneficiary 
as a "process engineer" under the H-lB nonimmigrant classification for specialty occupations. 
Immigration and Nationality 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 Petitioner did 
not establish that the Beneficiary is qualified for the proffered position . Upon de novo review, we will 
sustain the appeal. 
Based upon our review of the entire record of proceedings , including the evidence submitted on appeal, 
we find that the Petitioner has overcome the reason for the Director's denial. Though the Petitioner 
identified a range of degrees as acceptable for the proffered position , the record in this particular case 
establishes by a preponderance of the evidence that the knowledge associated with the proposed duties 
nonetheless constitutes a "body of highly specialized knowledge" such that attainment of one of those 
degrees would still constitute a degree "in the specific specialty" as contemplated by section 214(i)(l) 
of the Act, 8 U.S.C. § 1184(i)(l). See Matter of Chawathe , 25 l&N Dec. 369, 376 (AAO 
2010). Moreover , the totality of the evidence establishes that the Beneficiary is qualified to perform 
the duties of the proffered position. As a result, the Petitioner has satisfied the requirements under 
section 214(i)(2) of the Act and 8 C.F.R. § 214.2(h)(4)(iii)(C). 
ORDER: The appeal is sustained. 
Cite as Matter of I- Corp., ID# 5527836 (AAO Sept. 5, 2019)