sustained H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re : 9920144 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 30, 2020 
The Petitioner , a retail and e-commerce business, seeks to temporarily employ the Beneficiary as a staff 
data analyst 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. § 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 of the Vermont Service Center denied the petition , concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal , the Petitioner 
submits a brief and asserts the Director erred in denying the petition . 
In these proceedings, it is the Petitioner 's burden to establish eligibility for the requested benefit. Upon 
de nova review , we will sustain the appeal. 
Based upon our review of the entire record of proceedings, we find the Petitioner has overcome the 
basis of the Director 's denial. The record establishes that the nature of the specific dutie s 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 , as required by the 
regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Specifically , the Petitioner has provided a detailed job 
description and explained why these duties , when performed within the context of its specific business 
operations , are so specialized and complex. The Petitioner has also established that the duties of the 
position require specialized knowledge usually associated with a baccalaureate or higher degree in a 
specific discipline , or its equivalent. Further , the Petitioner has established that the proffered position 
qualifies for a specialty occupation as the term is 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.