sustained H-1B

sustained H-1B Case: Business And Technology

📅 Date unknown 👤 Company 📂 Business And Technology

Decision Summary

The appeal was sustained because the petitioner, upon de novo review and through additional evidence submitted on appeal, successfully overcame the Director's grounds for denial. The petitioner established that the proffered position qualifies as a specialty occupation, that a valid employer-employee relationship will exist, and that the labor condition application (LCA) is valid.

Criteria Discussed

Specialty Occupation Employer-Employee Relationship Valid Labor Condition Application (Lca) Beneficiary Qualifications

View Full Decision Text

MATTER OF 0-C-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 14,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a business resources and technology company, seeks to temporarily employ the 
Beneficiary under the H-lB nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 101(a)(l5)(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 ofhighly 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, California Service Center, denied the petition. The Director concluded that the 
evidence of record did not establish that: (1) the proffered position qualifies as a specialty 
occupation; (2) the Petitioner will have an employer-employee relationship with the Beneficiary; and 
(3) the labor condition application (LCA) is valid. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence in 
support its claim that the petition should be approved. Upon de novo review, we will sustain the 
appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we find that the Petitioner has overcome the basis 
of the Director's denial on the three grounds stated above. Further, the evidence of record also 
establishes that the Beneficiary is qualified to perform the duties of the proffered position. 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofO-C-, LLC, ID# 183677 (AAO Feb. 14, 2017)

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