sustained H-1B Case: Software/Internet Technologies

U.S. Citizenship 
and Immigration 
Services 
In Re: 7269441 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 31, 2020 
The Petitioner , a software, services , and Internet technologies company, seeks to temporarily employ 
the Beneficiary 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. § 1101(a)(15)(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 Petitioner did 
not establish that the Beneficiary is qualified for the proffered position, and dismissed a subsequently 
filed motion to reopen and motion to reconsider. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C . § 1361. Upon de nova review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings , we find that the Petitioner has overcome 
the basis of the Director's denials. In this matter, the record demonstrates that the proffered position 
is a specialty occupation . Our review of the Beneficiary's academic credentials , the opinions regarding 
the duties, the requirements necessary to perform those duties, and the documents submitted on appeal 
establish that the Beneficiary is qualified to perform the duties of the proffered position . The Petitioner 
has established that the Beneficiary's foreign degree is equivalent to a U.S. bachelor's degree , and that 
it shares sufficient commonality with the degrees required to perform the proffered position. The 
totality of the record establishes, by a preponderance of the evidence, that the Petitioner's particular 
position requires the theoretical and practical application of a body of highly specialized knowledge, and 
the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum 
for entering into the occupation in the United States. And further, that the Beneficiary 's degree is directly 
related to the proffered position. The Beneficiary is academically qualified to perform the duties of the 
specialty occupation. 
ORDER: The appeal is sustained. 
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