sustained H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 9047760 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 5, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "data analyst" under the H-IB 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 qualifies as a specialty occupation. On appeal, the Petitioner submits an appellate 
brief and contends that the petition should be approved. 
It is the Petitioner's burden to establish eligibility for the requested benefit by a preponderance of the 
evidence. 1 We review the questions in this matter de novo.2 Upon de nova review, we will sustain 
the appeal. 
The Petitioner has explained that it would employ the Beneficiary within its I I' practice 
group, and it has provided credible, detailed descriptions of the duties he would perform , and of the 
types of projects upon which he would work, as part of his employment in that practice area. The 
Petitioner has also consistently and credibly described the narrow range of degrees it would find 
acceptable for entry into the position and explained how each one relates directly to the position's 
duties. When reviewed within the context of the Petitioner's business operations, we find the evidence 
ofrecord sufficient to demonstrate that this Beneficiary's work would in fact involve a "body of highly 
specialized knowledge" attained through a precise and specific course of study that relates directly 
and closely to the proffered position. 
The evidence of record therefore 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 
1 See Section 291 of the Act; see also Matter ofChawath e, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
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 position is so complex or unique that it can only be performed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and it therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). The record demonstrates that the Beneficiary possesses a U.S. master's degree in 
civil engineering, so he is qualified to perform the duties of this specialty occupation. 
ORDER: The appeal is sustained. 
2