sustained H-1B

sustained H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

Decision Summary

The Director initially denied the petition, concluding the petitioner failed to establish the requisite employer-employee relationship and that the proffered position did not qualify as a specialty occupation. Upon de novo review of additional evidence submitted on appeal, the AAO found the petitioner had overcome the basis for denial and established both criteria.

Criteria Discussed

Employer-Employee Relationship Specialty Occupation

View Full Decision Text

(b)(6)
MATTER OF 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 14, 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-1 B nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 10l(a)(l5)(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, California Service Center, denied the petition. The Director concluded that the 
evidence in the record did not establish that: (1) the Petitioner would maintain the requisite 
employer-employee relationship with the Beneficiary; or (2) 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. 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361. Here, that burden has been met. · 
ORDER: The appeal is sustained. 
Cite as Matter of ID# 198544(AAO Feb. 14, 2017)

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