remanded H-1B Case: Market Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 15746360 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 30, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a "market research analyst" under the 
H-1B nonimmigrant classification for specialty occupations. 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-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 of the Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position is a specialty occupation. The AAO dismissed a subsequent appeal 
and affirmed that decision in response to a subsequent motion. The matter is now before us once more 
in the form of a second motion. 
While this matter has been pending, the U.S. Court of Appeals for the Ninth Circuit issued a decision 
in lnnova Sols., Inc. v. Baran, 983 F.3d 428 (9th Cir. 2020). Because the original analysis utilized by 
the Director in arriving at her conclusion on the specialty-occupation issue appears impacted by that 
decision, we find it appropriate to remand the matter for the Director to consider the question anew, 
and to adjudicate in the first instance any additional issues as may be necessary and appropriate. 
Accordingly, the following order shall be issued. 
ORDER: The prior decisions of the Director and the AAO are withdrawn. The matter is 
remanded for further proceedings consistent with the foregoing analysis and entry of a 
new decision.