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. 27, 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# 04184861 (AAO Sept. 27, 2019)