sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9920136 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 29, 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 Vermont Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. On appeal, the Petitioner submits 
additional documentation and contends that the petition should be approved. In these proceedings, it 
is the Petitioner's burden to establish eligibility for the requested benefit by a preponderance of the 
evidence .1 We review the questions in this matter de novo.2 Upon de nova review, we will sustain 
the appeal. 
The totality of the evidence establishes 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 at least a bachelor's degree in a specific specialty. Our evaluation of the overall weight 
of the evidentiary record leads us to conclude that this case favors sustaining the appeal under the 
criterion found at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, the Petitioner has established that the 
proffered position otherwise qualifies for classification as a specialty occupation as that term is 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). Additionally, 
the record establishes that the Beneficiary is qualified to perform the duties of the proffered position. 
ORDER: The appeal is sustained . 
1 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) .