sustained H-1B Case: Business Administration

U.S. Citizenship 
and Immigration 
Services 
In Re : 10373666 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEPT . 21, 2020 
The Petitioner, a cruise line, seeks to employ the Beneficiary temporarily under the H-1 B 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 California Service Center Director denied the Form 1-129, Petition for a Nonimmigrant Worker, 
concluding that the record did not establish that 1) the proffered position qualifies as a specialty 
occupation and 2) the Beneficiary is qualified to perform the duties of the position . The Petitioner 
bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 2 We review 
the questions in this matter de nova. 3 Upon de nova review, we will sustain the appeal. 
The Petitioner has demonstrated eligibility for this classification by a preponderance of the evidence. 
The Petitioner's job description, when reviewed within the broader context of its operations , depicts a 
position that includes duties sufficiently complex that a qualifying degree would be required to 
perform them. Though the Petitioner identified three different fields as acceptable for the proffered 
position , the record of proceeding in this particular case 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 those degrees would still constitute a degree 
"in the specific specialty" as contemplated by section 2 l 4(i)(l) of the Act. 
The evidence, in the aggregate, is sufficient to demonstrate that the nature of the position's duties is 
so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. 4 The 
Petitioner has also established that the position satisfies the statutory definition of a specialty 
occupation found within section 2 l 4(i)( 1) of the Act. 
1 See Immigration and Nationality Act (the Act) section 10l( a)(l5)(H)(i)(b) , 8 U.S.C. § l 10l(a)(l5)(H)(i)(b). 
2 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
4 8 C.F.R. § 214.2(h)(4)(iii)(A)(4) . 
In addition, we conclude that the Beneficiary's bachelor of business administration degree with a 
double major in business administration and computer science, along with a double concentration in 
finance and information systems and operations management, qualifies her to perform the duties of 
the proffered specialty occupation. 
ORDER: The appeal is sustained. 
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