sustained H-1B Case: Business Analytics

U.S. Citizenship 
and Immigration 
Services 
In Re: 10526279 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 12, 2020 
The Petitioner, a retail and e-commerce company, seeks to temporarily employ the Beneficiary as a 
reporting analytics and compliance manager 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 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 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. 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, or the equivalent. 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)(I), and 8 C.F.R. § 214.2(h)(4)(ii). 
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).