sustained H-1B Case: Software Engineering

idcatifying date del- to 
Pevent clearly unwamted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: LIN 04 177 50848 Office: NEBRASKA SERVICE CENTER Date: A& 1 5 20($ 
PETITION: Petition for a Nonirnrnigrant Worker Pursuant to Section 101 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 101 (a)(l S)(H)(i)(b) 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 04 177 50848 
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DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner provides lT training, services and solutions to the general public and seeks to employ the 
beneficiary as a software engineer. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker 
in a specialty occupation pursuant to section lOl(a)(l5)o(i)(b) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. 5 llOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal counsel submits a brief and additional information stating that the offered position is a specialty 
occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 1 Ol(a)(l S)(H)(i)(b) of the Act, 8 U.S.C. 1 lOl(a)(lS)(H)(i)(b), provides, in part, for the 
classification of qualified nonimrnigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 1184(i)(l), defines the term "specialty occupation" as an occupation 
that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a 
minimum for entry into the occupation in the United States. 
The term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry 
into the occupation in the United States. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position; 
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(2) The degree requirement is common to the industry in parallel positions among similar 
organizations or, in the alternative, an employer may show that its particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are so specialized and complex that knowledge required 
to perform the duties is usually associated with the attainment of a baccalaureate or 
higher degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
9 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) the Form 1-129 and supporting documentation; (2) 
the director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a software engineer. Evidence of the beneficiary's 
duties includes the Form 1-129 petition with attachment, the petitioner's response to the director's request for 
evidence, and counsel's brief on appeal with additional information. According to this evidence the 
beneficiary would: 
Determine the client's business requirements and perform in depth technical analysis 
providing architecture, design, hands on development, implementation and integration with 
various Nationwide back end systems; 
Perform software engineering tasks using IBM WebSphere Portal, WebSphere Application 
Server, WebSphere Application Developer, Rational XDE, Novel1 eDirectory and RSA 
Cleartrust on Windows 2000lXP and Linux environments. 
The petitioner requires a minimum of a bachelor's degree in computer science, engineering, business 
administration, mathematics or a related field for entry into the offered position. 
The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) 
for information about the duties and educational requirements of particular occupations. The duties of the 
proffered position are essentially those of a computer software engineer. The Handbook notes that most 
employers prefer to hire persons who have at least a bachelor's degree with degree concentration for software 
engineers being in computer science or software engineering; and for systems software engineers in computer 
science or computer information systems. Graduate degrees are preferred for some of the more complex jobs. 
The director in this instance found that the position did not qualify as a specialty occupation because the 
petitioner failed to provide a list of the beneficiary's job responsibilities from the actual client for whom the 
beneficiary would perform services. On appeal, the petitioner provided a letter from the end user 
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(Nationwide) detailing the duties to be performed by the beneficiary. Those duties are set forth above and are 
normally performed by software engineers. The record contains a contract between the petitioner and 
Perficient, Inc., whereby the petitioner would provide Perficient with employees to work on projects staffed 
by Perficient. The record contains a confirmation letter indicating that the beneficiary was assigned by 
Perficient to work on a project with its client, Nationwide, in Dublin, Ohio. The record contains proof of 
billing and payment for the beneficiary's services at that location, and a Labor Condition Application (LCA) 
authorizing the beneficiary to work at that location. The information provided by the petitioner overcomes 
the director's objections to the approval of the present petition. The proffered position qualifies as a specialty 
occupation as a baccalaureate or higher degree in a specific specialty is normally the minimum requirement 
for entry into the position. 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I). 
The director did not comment on the beneficiary's qualifications to perform the duties of the proffered position as 
the petition was denied on another ground. The record is sufficient, however, for the AAO to make that 
determination. The beneficiary possesses the equivalent of a master's degree in management information systems 
from an accredited college or university in the United States. The beneficiary's degree is closely related to the 
duties of the proffered position. As such, the beneficiary is qualified to perform the duties of the offered position 
as he satisfies the criterion at 8 C.F.R. 5 214.2@)(4)(iii)(C)(2). 
As always, the burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 8 1361. The petitioner has sustained that burden and the petition shall accordingly be sustained. 
ORDER: The decision of the director is withdrawn and the appeal is sustained. The petition is approved.