sustained H-1B Case: Business Operations

U.S. Citizenship 
and Immigration 
Services 
In Re : 8804637 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUNE 2, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-1B nonirnrnigrant 
classification for specialty occupations . See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(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 evidence of record 
does not establish that the proffered position qualifies as a specialty occupation. Upon de nova review, 
we will sustain the appeal. 
Based upon our review of the entire record, we conclude that the particular position being offered to 
the Beneficiary qualifies for classification as a specialty occupation as the term is defined at section 
214(i)(l) of the Act and 8 C.F.R. § 214 .2(h)(4)(ii) . Specifically, the Petitioner has provided a detailed 
job description and established that these duties, when performed within the context of its specific 
business operations , are so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree, as required by the regulation 
at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
ORDER: The appeal is sustained .