sustained H-1B

sustained H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

Decision Summary

The appeal was sustained because the petitioner established that the proffered position qualifies as a specialty occupation. The petitioner provided a detailed job description and explanation showing the duties are so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree or higher in a specific specialty.

Criteria Discussed

Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF N-F-G, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 16, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a software development company, seeks to temporarily employ the Beneficiary as an 
"Analyst - Global Business and Procurement" 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. 
§ 110l(a)(l5)(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 Petitioner did 
not establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits additional evidence and contends that the petition should be approved. 
Upon de nova review, we conclude that the 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 bachelor's or higher degree in a specific specialty, or its equivalent. Specifically, 
the Petitioner has provided a detailed job description and explained why the duties are specialized and 
complex. 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. 
Cite as Matter of N-F-G , Inc., ID# 4885805 (AAO Sept. 16, 2019)

Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.