sustained H-1B Case: Wireless Communications

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 19, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a wireless communications company, seeks to temporarily employ the Beneficiary 
under the H-1 B 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-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 evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. On appeal, 
the Petitioner asserts that the Director erred and the evidence supports an approval of the petition. 
Upon de nova review, we conclude that 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. Specifically, 
the Petitioner has provided a detailed job description and explained why the duties are specialized and 
complex. The Petitioner also explained the hierarchal structure of the Beneficiary's department, and 
the type of complex projects the Beneficiary will work on in the proffered position. Therefore, the 
record 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). 
ORDER: The appeal is sustained. 
Cite as Matter of M-S-, Inc., ID# 4582465 (AAO Sept. 19, 2019)