sustained H-1B Case: Banking

U.S. Citizenship 
and Immigration 
Services 
In Re : 8771227 
Appeal of Vermont 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 commercial bank, seeks to temporarily employ the Beneficiary as an "associate" under 
the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act (the 
Act) section 101(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 of the Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered 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 I&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. § 2 l 4.2(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 .