sustained H-1B Case: Accounting

(b)(6)
U.S. Citizenship 
and Immigration 
Services 
MATTER OF 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 15, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an accounting, audit, tax and consulting company, seeks to temporarily employ the 
Beneficiary under the H-1B nonimmigrant classification for specialty occupations. See 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, California Service Center, denied the petition. The Director concluded that the 
evidence in the record did not establish tQat: (1) the Petitioner complied with the itinerary 
requirement under 8 C.F.R. § 214.2(h)(2)(i)(B); (2) the Petitioner would maintain the requisite 
employer-employee relationship with the Beneficiary; or (3) that the proffered position qualifies as a 
specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that it has satisfied all evidentiary requirements. Upon de novo review, we will sustain the 
appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we find that the Petitioner has overcome the basis 
of the Director's denial. Specifically, the totality of evidence now establishes that the Petitioner will 
have the requisite employer-employee relationship with the Beneficiary and that the protiered 
position qualifies as a specialty occupation. Further, the evidence of record also establishes that the 
Petitioner has satisfied the itinerary requirement. 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of ID# 198426 (AAO Feb. 15, 2017)