sustained H-1B Case: Business Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 4683761 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 01, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "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 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 
a brief 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 Petitioner argues on appeal that the proffered position requires an individual with a bachelor's 
degree in applied mathematics, computer science, or a related field, or the equivalent, and we find that 
the evidence of record supports that assertion by a preponderance of the evidence. Though the 
Petitioner did not provide the practice group within which the Beneficiary would work, it did provide 
descriptions of projects upon which he could work, and has already worked, and they align with that 
requirement. For example, on one project the Beneficiary helped an entertainment company build a 
video streaming platform. On another, he helped a leading game console manufacturer identify 
revenue growth opportunities, and on a third he designed a five-year strategy and business model for 
an information technology distributor. When reviewed within the context of the Petitioner's business 
operations, we find the evidence of record sufficient to demonstrate that this Beneficiary's work would 
in fact involve a "body of highly specialized knowledge" attained through a precise and specific course 
of study that relates directly and closely to the proffered position. 
The evidence of record therefore 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 qualifies for classification as a specialty 
occupation as the term is defined at section 214(i)(1) 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 petiormed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and it therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). The record demonstrates that the Beneficiary possesses a U.S. bachelor's degree in 
applied mathematics and computer science, so he is qualified to petiorm the duties of this specialty 
occupation. 
ORDER: The appeal is sustained. 
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