sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 6058982 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 15, 2020 
The Petitioner, a firm dedicated to improving the organizational perfonnance of other companies, 
seeks to temporarily employ the Beneficiary as a "software engineer" 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 Petitioner did 
not establish that it would have qualifying work available for the Beneficiary. On appeal, the Petitioner 
asserts that the Director erred and the evidence supports an approval of the petition. 
Upon de nova review, we conclude that the record establishes the non-speculative nature of the 
proposed work. The Petitioner described itself as the strategic business consulting division of a large 
multi-national corporation. Within those operations, the Petitioner utilizes a suite of software project 
management tools to offer its clients enhanced operational performance. It appears the Director 
considered the position to be one in which the Beneficiary would provide consulting services to an 
end-client while located at that client's worksite. However , as the Petitioner explains , the Beneficiary 
would perform work on the Petitioner's suite of project management software exclusively at the 
petitioning organization's facilities. And even though some of the Petitioner's personnel may deploy 
to perform offsite work at other businesses, there would be no need for Beneficiary to do so. 
We further determine that the Petitioner has shown 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 sufficiently specialized and 
complex. The Petitioner also explained the hierarchal structure of the Beneficiary's department, and 
the type of complex projects the Beneficiary will work on in the proffered position. 
In addition, the Petitioner established that the duties require specialized knowledge usually associated 
with a bachelor's or higher degree in a specific specialty by outlining the educational requirements 
that consist of a specific range of acceptable degrees. 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. 
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