sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 4820678 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 25, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "associate software engineer" under the 
H-IB 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not 
establish that it had sufficient specialty occupation work available for the Beneficiary to perform, thus 
had not established the proffered position is 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 The Administrative Appeals Office (AAO) reviews the questions in 
this matter de nova. 2 Upon de nova review, we will sustain the appeal. 
On the labor condition application (LCA)3 submitted in support of the H-IB petition, the Petitioner 
designated the proffered position under the occupational category "Software Developers, 
Applications" corresponding to the Standard Occupational Classification code 15-1132. Upon our 
review of the duties of the proffered position, we conclude that the duties fall within the parameters of 
this occupation. 
The Petitioner provided sufficient evidence of its ongoing business operations and adequately 
explained the Beneficiary's role within its business operations. Thus we conclude that more likely 
than not the Petitioner is a viable company and will have work available for the Beneficiary for the 
intended employment period. The proposed duties, when reviewed within the context of the 
Petitioner's overall business operations, are also sufficient to demonstrate that more likely than not 
the duties of the position require a "body of highly specialized knowledge" attained through a precise 
and specific course of study that relates directly and closely to the proffered position. The Petitioner 
1 Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
3 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-lB worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the employer 
to other employees with similar duties, experience and qualifications who are performing the same services . See Section 
212(n)(l) of the Act; 20 C.F.R. § 655.73 l(a). 
also appropriately accounted for the level of experience and responsibility of the position with the 
certification of the wage level on the LCA. 
When viewed in its totality, the record establishes that the position proffered here requires the 
theoretical and practical application of a body of highly specialized knowledge and the attainment of 
a baccalaureate or higher degree in a specific specialty as the minimum for entry into the occupation 
as required by the Act. Additionally, the record is sufficient to establish that the Petitioner has 
specialty occupation work available for the Beneficiary to perform throughout the intended 
employment period. Further, the Beneficiary is academically qualified to perform the duties of the 
specialty occupation. 
ORDER: The appeal is sustained. 
2