sustained H-1B Case: Automobile Rental And Leasing

U.S. Citizenship 
and Immigration 
Services 
In Re: 10893513 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-18) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 28, 2020 
The Petitioner, an automobile rental and leasing company, seeks to temporarily employ the 
Beneficiary as a sourcing manager under the H-18 nonimmigrant classification for specialty 
occupations. 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-18 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 Petitioner had 
not established the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief and asserts that the Director erred. In these proceedings, it is the Petitioner's burden 
to establish eligibility for the requested benefit by a preponderance of the evidence.1 We review the 
questions in this matter de nova. 2 Upon de nova review, we will sustain the appeal. 
We conclude the Petitioner has overcome the basis of the Director's denial. In this matter, the record 
establishes, more likely than not, that the nature of the specific duties is specialized and complex and 
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, as required by the regulation at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4). Specifically, the Petitioner explained why these job duties are specialized 
and complex, and established that the duties require specialized knowledge usually associated with a 
bachelor's or higher degree in a specific specialty, or its equivalent. The record of proceeding also 
establishes by a preponderance of the evidence that the knowledge associated with the proposed duties 
constitutes a "body of highly specialized knowledge" such that attainment of one of the specified 
degrees would constitute a degree "in the specific specialty" as contemplated by section 214(i)(I) of 
the Act. 
ORDER: The appeal is sustained. 
1 Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015).