sustained
H-1B
sustained H-1B Case: Business Analytics
Decision Summary
The appeal was sustained because the AAO found that the petitioner successfully established the proffered position qualifies as a specialty occupation. The AAO determined that the nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree or higher in a specific specialty.
Criteria Discussed
Specialty Occupation Specialized And Complex Duties Beneficiary Qualifications
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U.S. Citizenship and Immigration Services In Re : 10026984 Appeal of Vermont Service Center Decision Form 1-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : WL Y 7, 2020 The Petitioner seeks to temporarily employ the Beneficiary as a "Net Revenue Management Analyst Species" 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. ยง 1101(a)(15)(H)(i)(b) . The Vermont Service Center Director denied the petition, concluding that the Petitioner did not establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits a brief and asserts that the Director erred and the Petitioner 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 We review the questions in this matter de novo.2 Upon de nova review, we will sustain the appeal. In this matter , the record demonstrates that the proffered position is a specialty occupation under 8 C.F.R. ยง 214.2(h)(4)(ii) and (iii)(A). Specifically, we conclude 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 8 C.F.R. ยง 214.2(h)( 4 )(iii)(A)( 4). The record includes a description of the job duties and an explanation of the Beneficiary's proposed work in business analytics. The proposed duties, when reviewed within the context of the Petitioner's business operations, are sufficient to demonstrate that the duties of the position require 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 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. 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. ยง 1184(i)(l), 8 C.F.R. ยง 214.2(h)(4)(ii), and (iii)(A)(4). Additionally, the record establishes that the Beneficiary is qualified to perform the duties of the proffered position 1 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . by holding a qualifying degree from an accredited college or university in the United States. Section 214(i)(2) of the Act; 8 C.F.R. ยง 214.2(h)(4)(iii)(C)(]). ORDER: The appeal is sustained. 2
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