sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-L-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 5, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , a research, development, and design company, 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 California Service Center Director denied the petition , concluding that the Petitioner had not 
established that the Beneficiary is qualified to perform the position . On appeal, the Petitioner submits 
a brief and additional documentation and asserts that the Director erred and the Beneficiary is qualified 
to perform the duties of the position. 
In this matter, the record demonstrates that the proffered position is a specialty occupation . Our review 
of the Beneficiary's academic credentials , the opinions regarding the duties and the requirements 
necessary to perform those duties, as well as the articles submitted on appeal establish that the 
Beneficiary is qualified to perform the duties of 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 is qualified to perform the duties of the specialty 
occupation. 
ORDER: The appeal is sustained. 
Cite as Matter of M-L-, Inc., ID# 4273361 (AAO Sept. 5, 2019)