sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 9973015 
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 21, 2020 
The Petitioner, a computing products and services business, seeks to temporarily employ the Beneficiary 
as a "Software Engineer 2" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(l5)(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 proffered 
position does not qualify as a specialty occupation. 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. § l 184(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 .