sustained H-1B Case: Accounting

(b)(6)
U.S. Citizenship 
and Immigration 
Services 
MATTER OF 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN.31,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an accounting, auditing, and tax 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, Californi<:~. Service Center, concluded that the evidence in the record did not establish 
that: (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) 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 the proffered 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 oi ___ ID# 201823 (AAO Jan. 31, 2017).