sustained H-1B Case: Business

U.S. Citizenship 
and Immigration 
Services 
In Re: 8475409 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-18) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 01, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "associate" under the H-18 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-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 Vermont 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 
submits additional evidence and contends that the petition should be approved. 
The Petitioner bears the burden of proof to demonstrate el igibi I ity 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 Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will sustain the appeal. 
The evidence of record establishes that the proffered position requires the theoretical and practical 
application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree 
in the specific specialty or its equivalent. It therefore qualifies for classification as a specialty occupation 
as the term is defined at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). It also establishes that 
the position is so complex or unique that it can only be performed by an individual with a bachelor's degree 
in a specific specialty, and therefore also satisfies 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
ORDER: The appeal is sustained.