sustained H-1B Case: Consulting Services

U.S. Citizenship 
and Immigration 
Services 
MATTER OF ICFR-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 23, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , a consulting services company, seeks to temporarily employ the Beneficiary under the 
H-1B 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 qualified as a specialty occupation. On appeal, the Petitioner 
submits a brief and additional evidence, and asserts that the Director erred in denying the petition. 
Upon de nova review, we will sustain the appeal. 
We conclude that the record 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 
bachelor's or higher degree in a specific specialty, or its equivalent. Specifically, the Petitioner has 
provided a detailed job description and explained why the duties are specialized and complex. The 
Petitioner has also described the projects and established that the Beneficiary's duties require 
specialized knowledge usually associated with a bachelor's or higher degree in a specific specialty , or 
its equivalent. Therefore, the record satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
Further , the Petitioner has established that the proffered position qualifies for classification as a 
specialty occupation as defined by section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), and 8 C.F.R. 
§ 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
Cite as Matter of ICFR-, LLC, ID# 4657497 (AAO Sept. 23, 2019)