sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 10016448 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 30, 2020 
The Petitioner , a software, services and internet technology business, seeks to temporarily employ the 
Beneficiary as a software engineer under the H-lB nonimmigrant classification for specialty occupations . 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § l 10l(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 record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal , the Petitioner 
submits a brief and asserts the Director erred in denying the petition . 
In these proceedings, it is the Petitioner 's burden to establish eligibility for the requested benefit. Upon 
de nova review , we will sustain the appeal. 
Based upon our review of the entire record of proceedings, we find the Petitioner has overcome the 
basis of the Director's denial. The record establishes , by a preponderance of the evidence, 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, as required by the regulation at 8 C.F.R. § 2 l 4.2(h)( 4)(iii)(A)( 4). Specifically , the 
Petitioner has provided a detailed job description and explained why these duties are specialized and 
complex. The Petitioner also provided additional evidence which further clarified and established that 
the duties of the position require a baccalaureate or higher degree in a specific discipline, or its 
equivalent. In addition , the Petitioner has established that the proffered position qualifies for a 
specialty occupation as defined by Section 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l) , and 8 C.F.R. § 
214 .2(h)( 4)(ii). 
ORDER: The appeal is sustained.