sustained H-1B Case: Apparel

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-U-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 24, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , an apparel, footwear, accessories and related lifestyle product 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 of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation . On appeal, the Petitioner 
asserts that the Director erred and the evidence supports an approval of the petition. 
Upon de nova review, we conclude that the record establishes that the nature of the specific duties is 
so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent. Specifically, 
the Petitioner has provided a detailed job description for the proffered position and explained how the 
required degrees directly relate to the proffered position. The Petitioner has also explained the type 
of complex projects the Beneficiary will work on in the proffered position. Therefore, the record 
satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 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). 
ORDER: The appeal is sustained. 
Cite as Matter ofG-U- , Inc., ID# 5133276 (AAO Sept. 24, 2019)