sustained H-1B

sustained H-1B Case: Computing

📅 Date unknown 👤 Company 📂 Computing

Decision Summary

The appeal was sustained because the AAO, upon de novo review, determined that the proffered position qualifies as a specialty occupation. The decision found that the nature of the specific duties are so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor's or higher degree.

Criteria Discussed

Specialty Occupation

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D- USA L.P. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 11, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computing products and services company, seeks to temporarily employ the 
Beneficiary under the H-lB nonimmigrant classification for specialty occupations. Immigration and 
Nationality 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 California Service Center denied the petition, concluding that the Petitioner did 
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 of proceedings, we find 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) and that the nature of the specific duties 
are so specialized and complex that the knowledge required to perform the duties is usually associated 
with the attainment of a baccalaureate or higher degree, as stated in 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
ORDER: The appeal is sustained. 
Cite as Matter of D- USA L.P., ID# 5038054 (AAO Sept. 11, 2019)

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