sustained H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 9501201 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 13, 2020 
The Petitioner, a software development company, seeks to temporarily employ the Beneficiary 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 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 record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief and additional documentation and asserts that the Director's decision was erroneous. 
The Petitioner bears the burden of proof to demonstrate el igibi I ity by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will sustain the appeal. 
We conclude 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 bachelor's or higher degree in 
a specific specialty, or its equivalent. Specifically, the Petitioner has sufficiently articulated the scope 
of its business operations and explained why the Beneficiary's duties are specialized and complex. 
The Petitioner has also established that the duties require specialized knowledge usually associated 
with a bachelor's or higher degree directly related to the position. Therefore, the record satisfies the 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, the Petitioner has established that the proffered 
position qualifies for classification as a specialty occupation as defined by section 214(i)(l) of the 
Act, 8 U.S.C. § 1184(i)(l) , and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER : The appeal is sustained.