sustained H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 9278746 
Appeal Vermont Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 24, 2020 
The Petitioner, a company engaged in software development, seeks to temporarily employ the 
Beneficiary under the H-lB nonimmigrant classification for specialty occupations. 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 Vermont Service Center denied the petition , concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. On appeal, the 
Petitioner submits a brief and asserts that the Director erred in denying the petition. Upon de nova 
review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we conclude that the Petitioner has overcome the 
basis of the Director's denial. The duties of the proffered position, when performed within the context 
of its specific business operation, are specialized and complex. Specifically , 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 baccalaureate or higher degree in a specific 
specialty, or its equivalent, as required by 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, we conclude that 
Petitioner has established, by a preponderance of the evidence, that the particular position being 
offered to the Beneficiary qualifies for classification as a specialty occupation as the term is defined 
at section 214(i)(I) of the Act and 8 C.F.R. § 214.2(h)( 4)(ii). 
ORDER: The appeal is sustained.