sustained H-1B

sustained H-1B Case: Automotive Manufacturing

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Automotive Manufacturing

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. The AAO found that the petitioner sufficiently described the duties as so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree or higher in a specific specialty.

Criteria Discussed

Specialty Occupation Specialized And Complex Duties

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 10546644 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WLY 10, 2020 
The Petitioner, an automotive part manufacturing and distribution company, seeks to temporarily employ 
the Beneficiary under the H-lB nonimmigrant classification for specialty occupations. 1 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 Petitioner did 
not establish that the proffered position qualifies as a specialty occupation . 
Upon review of the record, the Petitioner has shown 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 
sufficiently described the position and explained why the duties are specialized and complex. In 
addition, the Petitioner established that the duties require specialized knowledge usually associated 
with a bachelor's or higher degree in a specific specialty. Therefore, the record satisfies the criterion 
at 8 C.F.R. ยง 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. 
ยง 1184(i)(l), and 8 C.F.R. ยง 214.2(h)(4)(ii). 
ORDER: The appeal is sustained . 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. ยง l 101(a)(l5)(H)(i)(b). 
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