sustained H-1B

sustained H-1B Case: Civil Construction

📅 Date unknown 👤 Company 📂 Civil Construction

Decision Summary

The Director initially denied the petition, concluding the proffered position was not a specialty occupation. On appeal, the petitioner submitted additional evidence, and the AAO determined that the totality of the evidence established that the specific duties are so specialized and complex that the knowledge required is usually associated with a bachelor's degree or higher, thereby satisfying the criteria for a specialty occupation.

Criteria Discussed

Specialty Occupation 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-C-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 17,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a heavy civil construction firm, seeks to temporarily employ the Beneficiary under the 
H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the 
Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B 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, California Service Center, denied the petition. The Director concluded that the 
proffered position is not a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the proffered position is a specialty occupation. Upon de novo review, we will sustain 
the appeal. 
Specifically, the totality of evidence now 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 baccalaureate or higher degree in a specific specialty, or its equivalent. Therefore, 
we conclude that the evidence of record satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
Further, the Petitioner has also established that the proffered position otherwise qualifies for 
classification as a specialty occupation as defined by section 214(i)(l) of the Act and 8 C.F.R. 
§ 214.2(h)( 4)(ii). 
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; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of M-C-, ID# 1583 7 (AAO Mar. 17, 20 16)

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