sustained H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 16226099 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 08, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a data analyst under the H-1B nonimmigrant 
classification for specialty occupations.1 The H-1B 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 additional evidence and contends that the petition should be approved. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence.2 
We review the questions in this matter de novo.3 Upon de nova review, we will sustain the appeal. 
The evidence of record 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 therefore 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 nature of the specific duties is specialized and complex and 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, 
and therefore also satisfies 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
ORDER: The appeal is sustained. 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b) . 
2 Section 291 of the Act ; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015).