remanded H-1B Case: Database Administration

U.S. Citizenship 
and Immigration 
Services 
MATTER OF I-P- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 12,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a retail pharmacy, seeks to temporarily employ the Beneficiary as a "database 
administrator" under the H -1 B nonimmigrant classification for specialty occupations. See 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-1B 
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, Vermont Service Center, denied the petition. The Director concluded that the Petitioner 
had not demonstrated that the proffered position qualifies as a specialty occupation position. 
The matter is now before us on appeal. In its appeal, the Petitioner contends that the Director did not 
adequately explain her basis for denying the petition. 
Upon de novo review, we will remand the appeal. 
The regulation at 8 C.F.R. § 103.3(a)(1)(i) states that when denying a petition, the Director shall 
explain in writing the specific reasons for denial. Upon review, we find that the Director's decision 
does not provide a sufficiently specific explanation of the basis for denying the petition. It appears 
that the Director provided the Petitioner with a draft decision. We therefore are remanding the case 
for the Director to review the evidence and the draft decision. If the Director determines that the 
petition cannot be approved, she should provide an explanation of the grounds of denial with regard 
to the evidence in this particular case so that the Petitioner more fully understands the Director's 
concerns. 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, the Director's decision will be withdrawn and the matter will be remanded. 
Matter of 1-P- Inc. 
ORDER: The decision of the Director, Vermont Service Center, is withdrawn. The matter is 
remanded to the Director, Vermont Service Center, for further proceedings consistent 
with the foregoing opinion and for the entry of a new decision which, if adverse, shall 
be certified to us for review. . 
Cite as Matter of 1-P- Inc., ID# 124890 (AAO Oct. 12, 2016) --
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