sustained H-1B Case: Business Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 10646756 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 28, 2020 
The Petitioner, a semiconductor manufacturer, seeks to temporarily employ the Beneficiary as an 
"Business Analyst" under the H-lB 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-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 record did not 
establish that the proffered position is a specialty occupation. 
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 l&N Dec. 369, 375 (AAO 2010). 
Upon de nova review, we conclude that 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). 
The Petitioner provided a detailed job description which along with other evidence in the record 
establishes that the duties of the proffered position, when performed within the context of its specific 
business operations, are 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, as required by the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). We further note that 
although the identified range of acceptable degrees to perform the duties appears broad on its face, the 
Petitioner has established that the knowledge attained from the degrees, more likely than not, 
constitutes a body of highly specialized knowledge associated with a bachelor's degree in a specific 
specialty directly related to the proffered position. Further, the Petitioner has provided a labor 
condition application that is commensurate with the specialized and complex duties and the 
Beneficiary's level of responsibility. 
ORDER : The appeal is sustained.