sustained H-1B Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 8722217 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 1, 2020 
The Petitioner, an education and curriculum software provider , seeks to temporarily employ the 
Beneficiary as a "Senior Quality Assurance Engineer" under the H-lB nonimmigrant classification for 
specialty occupations . See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 
8 U.S.C. § l 10l(a)(l5)(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 a 
brief and additional documentation and asserts that the Director's decision was erroneous . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec . 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015) . 
Upon de nova review, we will sustain the appeal. 
The record establishes that the nature of the specific duties is so specialized and complex that the knowledge 
required to perform them is usually associated with the attainment of a bachelor's or higher degree in a 
specific specialty, or its equivalent, as required by 8 C.F.R. § 214.2(h)(4)(iii)(A)(4) . Along with 
evidence of its organizational structure and samples of the Beneficiary's work product, the Petitioner 
provided evidence of its business operations and explained the Beneficiary's role within those 
operations . The Petitioner provided a sufficiently detailed description of the proffered position and 
explained the Beneficiary's proposed work as it relates to the Petitioner's proprietary software 
products. The Petitioner supported the requirements for the proposed position with a thorough position 
evaluation which further clarified and supported the Petitioner's claim establishing that the duties of 
the position required a baccalaureate or higher degree in a specific discipline, or its equivalent. 
The proposed duties, when reviewed within the context of the Petitioner's business operations, are 
also sufficient to demonstrate that more likely than not the duties of the position require a "body of 
highly specialized knowledge" attained through a precise and specific course of study that relates 
directly and closely to the proffered position . The Petitioner also appropriately accounted for the level 
of experience and responsibility of the position with the certification of the wage level on the labor 
condition application. 
When considering all these factors, the record establishes, that more that more likely than not, the 
nature of the specific duties is so specialized and complex that the knowledge required to perform 
them is usually associated with the attainment of a baccalaureate or higher degree in a specific 
specialty, or its equivalent as required by 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Finally, the record 
establishes that the position proffered here actually requires the theoretical and practical application 
of a body of highly specialized knowledge and the attainment of a baccalaureate or higher degree in a 
specific specialty as the minimum for entry into the occupation as required by the Act. 
The Petitioner has 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). 
In addition, our review of the Beneficiary's academic credentials, the opinion regarding the duties and 
the requirements necessary to perform those duties, as well as evidence of the relationship between 
the duties and the Beneficiary's academic degree establishes that the Beneficiary is also qualified to 
perform the duties of the proffered position. 
ORDER: The appeal is sustained. 
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