sustained
H-1B
sustained H-1B Case: Cloud System Integration
Decision Summary
The appeal was sustained because the AAO, upon de novo review, concluded that the Petitioner had successfully established the availability of an in-house specialty occupation position. This reversed the Director's initial denial of the petition.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 4789160 Appeal of Vermont Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: FEB. 7, 2020 The Petitioner, a cloud system integration firm, seeks to temporarily employ the Beneficiary as a "DevOps Engineer" 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. Upon de novo review, we will sustain the appeal. Based upon our review of the entire record, we conclude that the Petitioner has sufficiently established the availability of an in-house specialty occupation position. ORDER: The appeal is sustained.
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