sustained H-1B Case: Construction, Infrastructure, And Agriculture

U.S. Citizenship 
and Immigration 
Services 
In Re: 9018579 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 23, 2020 
The Petitioner 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)(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, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). Upon de nova 
review, we will sustain the appeal.1 
In this matter, the Petitioner provided credible, detailed descriptions of both the proffered position's 
duties and the type of projects the Beneficiary may work on, which align with the requirements for the 
position. Working within thel I the Beneficiary will focus on the construction, 
infrastructure, and agriculture sectors. When reviewed within the context of the Petitioner's business 
operations, the evidence of record is sufficient to demonstrate that this Beneficiary's work would in 
fact involve a "body of highly specialized knowledge" attained through a precise and specific course 
of study that relates directly and closely to the proffered position. 
The evidence of record therefore establishes that the proffered position requires the theoretical and 
practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or 
higher degree in the specific specialty or its equivalent. It 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). It also 
establishes that the position is so complex or unique that it can only be performed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and it therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
1 We review the questions in this matter de nova. See Matter of Chri sta's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
ORDER: The appeal is sustained. 
2