sustained H-1B Case: Software Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 6058734 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 29, 2020 
The Petitioner, a software enterprise applications and services company, seeks to temporarily employ 
the Beneficiary as a "Manager, Professional Services" 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. § 110l(a)(15)(H)(i)(b). The H-IB 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 failed 
to establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits 
additional evidence and contends that the petition should be approved. Upon de nova review, we will 
sustain the appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. We 
follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 
369, 375-76 (AAO 2010). Based upon our review of the entire record of proceedings, we conclude 
that the particular position being offered to the Beneficiary qualifies for classification as a specialty 
occupation as the term is defined at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). The 
Petitioner has provided a detailed job description and established that these duties, when performed 
within the context of its specific business operations, are so specialized and complex that the 
knowledge required to perfonn them is usually associated with the attainment of a baccalaureate or 
higher degree, as required by the regulation at 8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4). 
ORDER: The appeal is sustained.