sustained H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 9687102 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUNE 8, 2020 
The Petitioner, a retail and eCommerce business, seeks to temporarily employ the Beneficiary as a 
"Data Analyst III" under the H-IB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § l 101(a)(l5)(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 is a specialty occupation. On appeal, the Petitioner submits 
additional evidence and contends the petition should be approved. 
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 novo 
review, we conclude that the nature of the proffered position's specific duties is so specialized and 
complex that the knowledge required to perform them is usually associated with the attainment of a 
bachelor's degree in a specific specialty , or the equivalent. The record of proceedings therefore 
satisfies 8 C.F.R. § 214.2(h)( 4 )(iii)(A)( 4). The Petitioner has also 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. § 1 184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained.