sustained H-1B Case: Business Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 9045562 
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. 8, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "analyst, S&OP" 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proposed position qualifies as a specialty occupation. On appeal, the Petitioner 
asserts that the Director erred and it has established eligibility for this benefit. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence.1 The Administrative Appeals Office (AAO) reviews the questions in 
this matter de nova. 2 Upon de nova review, we will sustain the appeal. 
The record demonstrates that the proffered position is a specialty occupation. The duties of the 
proffered position are sufficiently described to establish that the duties are so specialized and complex 
that a bachelor's degree in a specific specialty is required to perform them. The totality of the record 
establishes that, more likely than not, the Petitioner's particular 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) as a minimum for entering into the occupation 
in the United States. Additionally, the Beneficiary is academically qualified to perform the duties of the 
specialty occupation and the certified labor condition application is at a wage level that is commensurate 
with a specialty occupation. 
ORDER: The appeal is sustained. 
1 Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015).