sustained H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: APR. 02, 2024 In Re: 29850476 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary 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. § 110l(a)(l5)(H)(i)(b) . The H-lB program allows a U.S. employer to 
temporarily employ a qualified nonimmigrant 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. The matter is now before us 
on appeal pursuant to 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
We conclude upon de novo review that the record in its entirety credibly reflects that the Petitioner ' s 
monetization strategist is a specialty occupation. The Petitioner requires an individual with a 
bachelor's degree in data analysis, statistics, mathematics, or a related quantitative field and we find 
the record sufficient to support that assertion by a preponderance of the evidence. 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. The proffered position 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). The evidence also establishes that the position is so specialized and complex 
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 business administration with a specialization 
in data analysis, so they are qualified to perform the duties of this specialty occupation. 
ORDER: The appeal is sustained. 
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