sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF I- INC . 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 13, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an image-sharing company, seeks to temporarily employ the Beneficiary as a "senior 
iOS 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. § l 101(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 Beneficiary is 
not qualified to perform the duties of the proffered position. On appeal , the Petitioner asserts that the 
Director erred and the evidence supports an approval of the petition. 
Though not addressed by the Director, we have reviewed the entire record and conclude that the 
proffered position qualifies for classification as a specialty occupation pursuant to 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4) . We conclude further that, pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(C)(2) , the 
Beneficiary is qualified to perform the duties of this specialty occupation , and the Director 's contrary 
determination is hereby withdrawn . 
ORDER: The appeal is sustained . 
Cite as Matter of I- Inc., ID# 5903318 (AAO Sept. 13, 2019)