sustained H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 28, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development firm, seeks to temporarily employ the Beneficiary under the 
H -1 B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B 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 record did not 
establish that: (1) the Petitioner will engage the Beneficiary in an employer-employee relationship; 
and (2) the proffered position qualifies as a specialty occupation. 
In its appeal, the Petitioner submits a brief asserting that the Director erred in denying the petition. 
Upon de novo review, we will sustain the appeal. 
The evidence of record establishes that the Petitioner will be the Beneficiary's United States employer 
as that term is defined at 8 C.F.R. § 214.2(h)(4)(ii), for the duration of the period requested. Further, the 
evidence of record establishes that the nature of the specific duties is so specialized and complex that 
the knowledge required to perform them is usually associated with the attainment of a baccalaureate or 
higher degree in a specific specialty, or its equivalent. Also, the degrees required for the proffered 
position constitute a body of highly specblized knowledge that relate directly to the duties of the 
proffered position. Therefore, we conclude that the evidence of record satisfies the criterion at 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)( 4), and the Petitioner has established that the proffered position qualities for 
classification as a specialty occupation. 
Here, the Petitioner has established that (1) it will engage the Beneficiary in an employer-employee 
relationship; and (2) the proffered position qualifies as a specialty occupation. 
ORDER: The appeal is sustained. 
Cite as Matter of M-, Inc., ID# 353959 (AAO Apr. 28, 2017)