remanded H-1B Case: Information Technology

idendq.ing data deleted to 
prevent clearly unwtmanted 
in~lnsion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass, Rm. A3042,425 I Street, N.W. 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 00 206 52825 Office: CALIFORNIA SERVICE CENTER Date: JUN '0 1 2006 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 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. 
w Administrative Appeals Office 
WAC 00 206 52825 
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 The director's decision will be withdrawn. The petition 
will be remanded to the director for entry of a new decision. 
The petitioner is an information technology consulting finn that seeks to employ the beneficiary as a systems 
administrator, and endeavors to classify him as a nonimmigrant worker in a specialty occupation pursuant to 
section 101 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1 101(a)(l 5)(H)(i)(b). 
The director denied the petition stating that the beneficiary was inadmissible to the United States based on his 
interpretation of Executive Orders imposing economic sanctions against Iran. On appeal, counsel for the 
petitioner states that the beneficiary is not inadmissible, and that the petitioner is entitled to an adjudication of the 
merits of its petition. 
The issue in this proceeding is governed by 8 CFR 5 560.505(c), which provides in part that persons otherwise 
qualified for H category visas, are authorized to carry out in the United States those activities for which the visa 
was granted, provided that the person seeking the visa is not coming to the United States to work as an agent, 
employee or contractor of the Government of Iran or a business entity or other organization in Iran. The record 
before the AAO does not indicate that the beneficiary is an agent, employee or contractor of the Government of 
Iran. Nor does it indicate that the beneficiary is coming to the United States to work as an agent, employee or 
contractor of a business entity or other organization in Iran. The director's determination is accordingly 
withdrawn, and this matter shall be remanded to the director to decide the petition on its merits. If it is 
determined that the proffered position qualifies as a specialty occupation, and that the beneficiary is qualified to 
perform the duties of a specialty occupation, the issue of admissibility will be addressed by the Department of 
State when the beneficiary applies for admission to the United States. 
As always, the burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. 
ORDER: The director's decision is withdrawn. The petition is remanded to the director to enter a new 
decision commensurate with the directives of this opinion. The director shall certify the matter to 
the AAO should his determination be adverse to the petitioner.