sustained
H-1B
sustained H-1B Case: Advertising
Decision Summary
The appeal was sustained because upon de novo review, the AAO concluded that the record established the proffered 'senior analyst' position is so complex or unique that it requires an individual with a bachelor's or higher degree in a specific specialty. This finding satisfied the regulatory criteria for a specialty occupation, which was the basis for the initial denial.
Criteria Discussed
Specialty Occupation Position Complexity Beneficiary Qualifications
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U.S. Citizenship and Immigration Services In Re : 8768619 Appeal of California Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : MAY 29, 2020 The Petitioner, a subsidiary of a global advertising company, seeks to temporarily employ the Beneficiary as a "senior 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. § 110l(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 position qualifies as a specialty occupation. The matter is now before us on appeal. The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015) . Upon de nova review, we conclude that the record, including information submitted on appeal , establishes that the particular position is so complex or unique that it can be performed only by an individual with a bachelor's or higher degree in a specific specialty, or its equivalent. Therefore, the record satisfies the criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A)(2). Further , the Petitioner has established that the proffered position qualifies for classification as a specialty occupation as defined by section 214(i)(l) of the Act, 8 U.S .C. § 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). Additionally, the record establishes that the Beneficiary is qualified to perform the duties of the proffered position by holding a qualifying degree from an accredited college or university in the United States. See 8 C.F.R. § 214.2(h)(4)(iii)(C) . ORDER: The appeal is sustained.
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