sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 8418921 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 28, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "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 California Service Center Director denied the petition, concluding that the record did not establish 
that the Beneficiary is qualified to perform the duties of the position . t The petitioner bears the burden 
of proof to demonstrate eligibility by a preponderance of the evidence. 2 The Administrative Appeals 
Office (AAO) reviews the questions in this matter de nova. 3 
In this matter, the record demonstrates that the proffered position is a specialty occupation. The 
described duties of the proffered position require knowledge in high-level mathematical concepts and 
principles and analytics sufficient to establish a body of highly specialized knowledge that shares 
sufficient commonality to a specific degree and that the specific duties require such a degree. The 
requirements necessary to perform the duties of the proffered position and the Beneficiary's academic 
credentials establish that the Beneficiary is qualified to perform the duties of the proffered position . 
The Petitioner has established that the Beneficiary's foreign degree and their U.S. doctoral degree are 
directly related to the requirements necessary to perform the proffered position. The totality of the 
record establishes that, more likely than not, the Petitioner's particular position requires the theoretical 
and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's 
or higher degree in the specific specialty ( or its equivalent) as a minimum for entering into the occupation 
in the United States. And further, that the Beneficiary's degrees, including his U.S. doctoral degree, are 
directly related to the proffered position. The Beneficiary is academically qualified to perform the duties 
of the specialty occupation. 
ORDER: The appeal is sustained. 
1 The Director also included the statement "[a]s discussed above, you have not shown that the proffered position is a 
specialty occupation. " However , there is no discussion of the specialty occupation issue. 
2 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) .