sustained H-1B Case: Business Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 10087898 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUNE 10, 2020 
The Petitioner, a consumer goods and retail company, seeks to temporarily employ the Beneficiary as 
a business analyst under the H- lB nonimmigrant classification for specialty occupations. 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 qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief and asserts that the Director erred. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. 1 We review the questions in this matter de novo.2 Upon de nova 
review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings, we conclude the Petitioner has overcome 
the basis of the Director's denial. In this matter, the totality of the record establishes that 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, as required by the regulation at 8 C.F .R. § 214.2(h)(4)(iii)(A)(4) . Specifically, the 
Petitioner has provided a detailed job description and explained why these duties are so specialized 
and complex. The Petitioner has also established that the duties require specialized knowledge usually 
associated with a bachelor's or higher degree in a specialty field. Further, the Petitioner has established 
that the proffered position qualifies for 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). 
1 Section 291 of the Act; Matter ofChawathe , 25 I&N Dec. 369,375 (AAO 2010) . 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
ORDER: The appeal is sustained. 
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