remanded H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 13691688 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 20, 2021 
The Petitioner , an information technology consulting and internet research company, seeks to 
temporarily employ the Beneficiary as an "internet research analyst" under the H-lB nonimmigrant 
classification for specialty occupations . Immigration and Nationality Act (the Act) 
section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § l 10l(a)(l5)(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 Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position was a specialty occupation . On appeal, the Petitioner asserts that 
the Director erred by denying the petition. The matter is now before us on appeal. 
While the appeal was pending, U.S. Citizenship and Immigration Services (USCIS) updated the 
USCIS Policy Manual 's guidance regarding deference to prior approvals . 2 USCIS Policy Manual 
A.4(B)(l), https ://www.uscis.gov /policymanual. See also USCIS Policy Alert, PA-2021-05, 
Deference to Prior Determinations of Eligibility in Requests for Extensions of Petition Validity (Apr. 
27, 2021 ), https ://www .uscis.gov /sites/default /files/document /policy-manual-updates/202 l 0427-
Deference.pdf. 
This petition is an extension request and therefore is directly impacted by this guidance. As such, we 
find it appropriate to remand the matter for the Director to consider the extension request anew, and 
to take any additional action that may be necessary and appropriate. 
Accordingly, the following order shall be issued. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision.