sustained
H-1B
sustained H-1B Case: Software Engineering
Decision Summary
The Director initially denied the petition, concluding the Petitioner failed to show the Beneficiary was qualified for the position. On appeal, the AAO conducted a de novo review and found that the proffered position's duties were specialized and complex enough to require a bachelor's degree or equivalent, thus qualifying as a specialty occupation. The AAO also concluded the record established the Beneficiary was qualified, leading to the appeal being sustained.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications
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U.S. Citizenship and Immigration Services In Re : 10831605 Appeal of California Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : WL Y 16, 2020 The Petitioner, a media streaming business, seeks to temporarily employ the Beneficiary as a "Senior 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 failed to show that the Beneficiary is qualified to perform the duties of the position. On appeal, the Petitioner submits additional evidence and asserts that the Director erred. In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit, and we follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec . 369, 375-76 (AAO 2010) . Based upon our de nova review, we conclude that the nature of the proffered position's specific duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor's degree in a specific specialty, or the equivalent. The record of proceedings therefore satisfies 8 C.F.R. § 214.2(h)(4)(iii)(A)(4) . The Petitioner has also 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). Further, the record also establishes that the Beneficiary is qualified to perform the duties of the proffered position. ORDER: The appeal is sustained .
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