remanded H-1B Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 11928345 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 29, 2021 
The Petitioner, a supermarket and grocery services company, seeks to temporarily employ the 
Beneficiary as a "marketing analyst" under the H-lB 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-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 California Service Center denied the petition, concluding that the record did not 
establish that the proffered position is a specialty occupation, and the Petitioner filed a timely appeal. 
While the appeal was 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 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ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision.