sustained H-1B Case: Software Services

identiQing data deleted to 
prevent clearly unwamnted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: EAC 04 184 53 108 Office: VERMONT SERVICE CENTER 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 
 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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. 
@~d'.* 
Robert P. Wiemann, Di tor 
Administrative ~ppeal~office 
EAC 04 184 53108 
Page 2 
DISCUSSION: The director of the service center denied the nonimrnigrant 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 software services. It seeks to employ the beneficiary as a mid-range programmer. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonimrnigrant worker in a specialty 
occupation pursuant to section 10 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 1 (a)( 15)(H)(i)(b)- 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. $ 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. 
Pursuant to 8 C.F.R. 
 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; 
(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 is 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. 
$ 2 14.2(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) 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 
EAC 04 184 53108 
Page 3 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a mid-range programmer. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's support letter; 
and the petitioner's response to the director's request for evidence. According to this evidence, the 
beneficiary would perform duties that entail: planning, developing, designing, testing, and documenting 
computer programs after evaluating client user requests for new or modified systems; converting project 
specifications into a computer programming language that will create the requested function or application by 
applying knowledge of computer programming techniques, languages, and hardware and software; and 
developing complex business and financial related software applications and databases for corporate clients 
for use in computer operating systems and computer hardware. For the proposed position, the petitioner 
requires a baccalaureate degree or its equivalent in computer science or a related field. 
The director denied the petition, finding that the petitioner's educational requirement was not substantiated by 
the submitted list that shows employees who hold mid-range programmer positions. The director stated that 
the petitioner failed to furnish the requested advertisement that had been used to solicit for the proposed 
position. The director concluded that the Department of Labor's Occupational Outlook Handbook (the 
Handbook) discloses that a baccalaureate degree in a particular academic field is not required for a computer 
programmer. 
On appeal, counsel refers to a letter from Professor Orandel Robotham to establish that the proposed position 
qualifies as a specialty occupation, and submits contracts, press releases, promotional materials, a letter from 
the petitioner, an advertisement for the proposed position, and a listing of mid-range programmers that is 
accompanied with credential evaluations andlor academic certificates and H-1B approval notices. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 8 C.F.R. 
9 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
To satisfy the regulation at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(4), the petitioner must establish 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 baccalaureate or higher degree. As described by the petitioner and 
supported by the evidence, the nature of the proposed duties is specialized and complex, requiring knowledge 
that is usually associated with the attainment of a baccalaureate or higher degree in computer science or a 
related field. Accordingly, the petitioner establishes the fourth criterion at 8 C.F.R. tj 214.2(h)(4)(iii)(A). 
The record discloses that the beneficiary is qualified for the proposed position based on an educational 
evaluation that indicates that the combination of the beneficiary's academic studies, work experience, and 
training are the equivalent of a bachelor of science degree in management information systems; and it 
contains a letter confirming that the evaluator of the beneficiary's credentials has the authority to make 
determinations concerning the granting of college-level credit for training and experience in computer science 
and engineering, and computer information systems courses and in the areas of general education at the 
EAC 04 184 53108 
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university. Included in the record are the beneficiary's certificates; two degrees from institutions in India, a 
master's degree 
 erce degree, and letters reflecting work 
experience with 
 Based on this evidence, the beneficiary 
qualifies for the proposed position. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 1361. 
The petitioner has sustained that burden. 
ORDER: 
 The appeal is sustained. The petition is approved.