sustained H-1B Case: Corporate Law

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-H-M- INC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY20,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a healthcare serv1ces firm, seeks to temporarily employ the Beneficiary as an 
"international mergers & acquisitions counsel" under the H-lB nonimmigrant classification for 
specialty occupations. See Immigration and Nationality Act (the Act)§ 10l(a)(l5)(H)(i)(b), 8 U.S.C, 
§ 110l(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, California Service Center, denied the petition. The Director concluded that the 
evidence of record did not establish that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that it has satisfied all evidentiary requirements. 
Upon de novo review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal and 
responses to our requests for evidence, we find that the Petitioner has overcome the basis of the 
Director's denial. Specifically, the totality of the evidence presented in this particular record of 
proceedings establishes that the proffered position qualifies as a specialty occupation. Further, the 
evidence of record also establishes that the Beneficiary is qualified to perform the duties of the 
proffered position. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 136l; Matter o[Otiende, 26 l&N Dec. 127, 128 (BIA 2013). Here, that burden 
has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofP-H-M- Inc, ID# 16219 (AAO July 20, 2016)