sustained H-1B Case: Software

U.S. Citizenship 
and Immigration 
Services 
In Re : 9450300 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 13, 2020 
The Petitioner, a company engaged in software, services and internet technologies, seeks to extend the 
Beneficiary's temporary employment as a principal software engineer under the H-lB nonimmigrant 
classification for specialty occupations. Immigration and Nationality Act (the Act) 
section 101(a)(l5)(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 record did not 
establish that: (1) the proffered position qualifies as a specialty occupation; and (2) the Beneficiary is 
qualified for the proffered position . The matter is now before us on appeal. On appeal, the Petitioner 
submits a brief and asserts that the Director erred in denying the petition. 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. 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. 
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, and therefore satisfies the criterion at 8 C.F.R. § 
214 .2(h)(4)(iii)(A)(4) . Further, 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 opinions 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 establish that the Beneficiary is also qualified to 
perform the duties of the proffered position. 
ORDER: The appeal is sustained. 
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