sustained H-1B Case: Survey Engineering

identifying data deleted (o 
prevent clearly unwarranted 
invasion of pe~nal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 05 210 50722 Office: TEXAS SERVICE CENTER Date: AUG 2 9 2006 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. !j 1 101(a)(l S)(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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
SRC 05 2 10 50722 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant 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 is a surveying company that seeks to employ the beneficiary as a survey engineer and endeavors to 
classify him as a nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. !j 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief stating that the offered position is a specialty occupation. 
The first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10l(a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 101 (a)(lS)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. !j 11 84(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. 
The term "specialty occupation" is further defined at 8 C.F.R. !j 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry 
into the occupation in the United States. 
Pursuant to 8 C.F.R. 3 214.2(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 
SRC 05 2 10 50722 
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(4) The nature of the specific duties are 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. 
21 4.2(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) the 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 
director's denial letter; and (5) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a survey engineer. Evidence of the beneficiary's duties 
was set forth in the petitioner's support letter of July 5,2005. According to this evidence would: 
Participate in and supervise topographic, pipeline, boundary, right-of-way acquisition, 
hydrographic, and construction surveys; 
Assist in marketing the petitioner's services; 
Write proposals and coordinate with clients to determine the type and extent of surveys 
necessary; and 
Supervise field crews and office personnel. 
The petitioner requires a minimum of a bachelor's degree in surveying engineering for entry into the offered 
position. 
The duties of the offered position will be performed in Texas. Section 1071.251 of the Texas Occupations Code 
(the Code) provides that a person may not engage in the practice of professional surveying unless the person is 
registered, licensed, or certified. Section 1071.254 of the Code further provides that an applicant for registration 
as a registered professional land surveyor must: hold a certificate as a surveyor in training; have at least two years 
of experience satisfactory to the Texas Board of Professional Land Surveying (the Board) as a 
surveyor-in-training in performing surveying in delegated responsible charge as a subordinate to a surveyor 
registered or licensed to engage in the practice of surveying in Texas or another state having registration or 
licensing requirements equivalent to the requirements of Texas; and, subsequent to January 1, 2003, have earned 
a bachelor's degree from an accredited institution of higher education that included at least 32 semester hours in a 
combination of courses acceptable to the Board in civil engineering, land surveying, mathematics, 
photogrammetry, forestry, land law, or the physical sciences. Licensing also requires that applicants pass an 
examination. The beneficiary in this instance will work unsupervised as a licensed surveyor supervising other 
members of a survey crew. He will be responsible to clients and the general public when determining the type 
and extent of surveys needed in completion of projects. Under these circumstances, the nature of the specific 
duties to be performed are so specialized and complex that knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree. The petitioner has satisfied the requirements 
of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4) and the proffered position qualifies as a specialty occupation. 
SRC 05 210 50722 
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The final issue to be considered is whether the beneficiary is qualified to perform the duties of the specialty 
occupation. The director did comment on this issue as the petition was denied on another ground. The record is, 
however, sufficient for the AAO to make that determination. The petitioner holds a bachelor's degree in 
surveying engineering from the University of Calgary, and is licensed by the State of Texas to practice 
professional land surveying. He is therefore, qualified to perform the duties of the proffered position. 
CIS records indicate that the beneficiary may be in the United States without inspection and may be ineligible 
to change status to H-1B. That issue is not within the jurisdiction of the AAO. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
9 1361. The petitioner has sustained that burden. Accordingly, the decision of the director will be withdrawn 
and the appeal will be sustained. 
ORDER: The decision of the director is withdrawn and the appeal is sustained. The petition is approved.