sustained H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 9686431 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 14, 2020 
The Petitioner, an online consumer goods and retail business, seeks to temporarily employ the 
Beneficiary as a "Software Development Engineer 11" 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 Beneficiary was qualified to perform services in a specialty occupation. In these 
proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence.1 Upon de nova review, we will sustain the appeal. 2 
Our review of the Beneficiary's academic credentials establishes that the Beneficiary is qualified to 
perform services in a specialty occupation. The record establishes that the Beneficiary's foreign 
degree is equivalent to a U.S. bachelor's degree in a related field required by the specialty occupation 
under 8 C.F.R. § 214.2(h)(4)(iii)(C)(2). Therefore, we conclude that the totality of evidence 
establishes that the Beneficiary is qualified to perform the duties of the proffered position. Section 
214(i)(2) of the Act, 8 U.S.C. § 1184(i)(2). 
ORDER: The appeal is sustained. 
1 Section 291 of the Act ; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015).