sustained H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 6585077 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR. 13, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "software development engineer" under 
the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
(the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). 
The California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation and that the Beneficiary is qualified to 
perform the position. On appeal, the Petitioner submits a brief and additional documentation and 
asserts that the Director erred and the Petitioner has established eligibility for this benefit. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. 1 The Administrative Appeals Office (AAO) reviews the questions in 
this matter de novo. 2 Upon de novo review, we will sustain the appeal. 
In this matter, the record demonstrates that the proffered position is a specialty occupation. The 
Petitioner provided a sufficiently detailed description and explained the Beneficiary's proposed work 
as the work relates to computer operating systems. The Petitioner supported the requirements for the 
proposed position with a thorough position evaluation which further clarified and supported the 
Petitioner's claim establishing that the duties of the position required a baccalaureate or higher degree 
in a specific discipline, or its equivalent. The proposed duties, when reviewed within the context of 
the Petitioner's business operations, are also 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 experience and responsibility of the position with the 
certification of the wage level on the LCA. 
Our review of the Beneficiary's academic credentials, the opinions regarding the duties and the 
requirements necessary to perform those duties, as well as evidence of the relationship between the 
duties and the Beneficiary's academic degree establish that the Beneficiary is also qualified to perform 
the duties of the proffered position. 
1 Section 291 of the Act; Matter ofChawathe , 25 I&N Dec. 369,375 (AAO 2010). 
2 See Matter of Christo 's Inc. , 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
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. And further, that the Beneficiary's academic degree is 
directly related to the duties of the proffered position. 
ORDER: The appeal is sustained. 
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