sustained H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
InRe: 7291319 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 31, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "software application developer" 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 California Service Center Director denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. Upon 
de novo review, we will sustain the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § l 184(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: 
(I) 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. Chertojf, 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 the labor condition application (LCA) 1 submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Software Developers, 
Applications" corresponding to the Standard Occupational Classification (SOC) code 15-1132. Upon 
our review of the duties of the proffered position, we agree that the duties fall within the parameters 
of this occupation. 
The Petitioner provided evidence that the Beneficiary will be working in-house on projects for its 
clients. The Petitioner adequately described the projects to which the Beneficiary will be assigned 
and sufficiently explained the Beneficiary's role within its business operations. The proposed duties, 
when reviewed within the context of the Petitioner's overall business operations, are sufficient to 
demonstrate that more likely than not the duties of the position require a "body of highly specialized 
knowledge" attained through a precise and specific course of study that relates directly and closely to 
the proffered position. The Petitioner also appropriately accounted for the level of responsibility of 
the position with the certification of the wage level on the LCA. 
When viewed in its totality, the record establishes that the position proffered here 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. Further, the Beneficiary is academically qualified to perform the duties of the 
specialty occupation. 
ORDER: The appeal is sustained. 
1 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. § 655.73 l(a). 
2