remanded H-1B Case: Market Analysis

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF F-C-0-A- DATE: JUNE 24,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a fulfillment services business, seeks to temporarily employ the Beneficiary as a 
"market analyst" under the H -1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section IOI(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 110l(a)(l5)(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 degr~e in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director, California Service Center, denied the petition. The Director concluded that the 
Beneficiary was not eligible for an extension in accordance with the applicable provisions. 
The matter is now before us on appeal. In its appeal, the Petitioner asserts that the Beneficiary is 
eligible for an extension of H -1 B classification. The regulation at 8 C.F .R. § I 03 .2(b )( 19) states that 
the Director will notify a petitioner in writing of a decision made on a benefit request. Further, 
8 C.F.R. § 103.3(a)(l)(i) states that when denying a petition, the Director shall explain in writing the 
specific reasons for denial. In the appeal, the Petitioner requests that the Director clarify the basis 
for the denial of the petition. We agree. Therefore, the petition will be remanded to the Director for 
further review and clarification. 
ORDER: The decision of the Director, California Service Center, is withdrawn·. The matter is 
remanded to the Director, California Service Center, for further proceedings 
consistent with the foregoing opinion and for the entry of a new decision. 
Cite as Matter of F-C-0-A -, ID# 17141 (AAO June 24, 20 16)