sustained H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAR. 07, 2025 In Re: 36775628 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonirnrnigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonirnrnigrant 
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 
file a petition with U.S. Citizenship and Immigration Services (USCIS) 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 California Service Center denied the petition, concluding that the record did not 
establish that the Petitioner submitted a certified labor condition application (LCA) for the 
occupational classification in which the Beneficiary will be employed. 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 Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
Section 101 ( a )(15)(H)(i)(b) of the Act defines an H-1 B nonirnrnigrant as a foreign national "who is 
corning temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) .... " Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty 
occupation" as an occupation that requires the "theoretical and practical application of a body of highly 
specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty ( or its 
equivalent) as a minimum for entry into the occupation in the United States." The regulation at 
8 C.F.R. § 214.2(h)(4)(ii) largely restates section 214(i)(l) of the Act, but adds a non-exhaustive list 
of fields of endeavor. 
In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the proffered position must meet one of four 
criteria to qualify as a specialty occupation position. 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with 
the statutory and regulatory definitions of a specialty occupation under section 214(i)( 1) of the Act 
and 8 C.F.R. § 214.2(h)(4)(ii). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). Lastly, 8 C.F.R. § 214.2(h)(4)(i)(A)(]) states that an H-lB classification may be granted 
to a foreign national who "will perform services in a specialty occupation ... " ( emphasis added). 
Before filing a petition for H-lB classification, the regulations require a petitioner to obtain 
certification from the U.S. Department of Labor (DOL) that the organization has filed an LCA in the 
occupational specialty in which the beneficiary will be employed. 8 C.F.R. § 214.2(h)(4)(i)(B)(]). 
Furthermore, the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(B)(2) provides that a petitioner must state 
that it will comply with the terms of the LCA. While DOL certifies the LCA, USCrS "determines 
whether the petition is supported by an LCA which corresponds with the petition, whether the 
occupation named in the labor condition application is a specialty occupation ... , and whether the 
qualifications of the nonimmigrant meet the statutory requirements for H-lB visa classification." 
20 C.F.R. § 655.705(b); see also Matter ofSimeio Solutions, 26 r&N Dec. 542,546 n.6 (AAO 2015); 
see also ITServe Alliance, Inc. v. DHS, 590 F. Supp. 3d 27, 40 (D.D.C. 2022) (noting 20 C.F.R. 
§ 655.705 requires USCrS "to check that the [H-lB] petition matches the LCA"). 
The Petitioner seeks to employ the Beneficiary in the position of "data analyst." On the LCA 
submitted in support of the petition, the Petitioner stated that the proffered position is in the 
occupational classification of "Operations Research Analysts" with Standard Occupational 
Classification (SOC) code 15-2031.00. The Petitioner stated that its educational requirement for the 
position is a master's degree in computer science, analytics, or a closely related field. 
Following receipt of the petition, the Director issued a request for evidence (RFE), seeking additional 
evidence to establish that the proffered position is a specialty occupation. Following receipt of the 
Petitioner's response to the RFE, the Director denied the petition, concluding that the Petitioner did 
not obtain an LCA certified for the occupational category in which the Beneficiary will be employed. 
Specifically, the Director concluded that the proffered position is not sufficiently related to the 
occupation of "Operations Research Analysts," and is more closely aligned with the occupational 
classification of "Database Architects," with SOC code 15-1243.00. On appeal, the Petitioner 
contends that the Director erred by not providing the Petitioner with an opportunity to respond to this 
finding prior to the issuance of the denial. Additionally, the Petitioner asserts that, contrary to the 
Director's conclusion, the position does correspond to the occupational category certified on the LCA. 
Upon de novo review, we conclude that the position qualifies as a specialty occupation and that the 
job duties sufficiently correspond to the occupational classification certified on the LCA. The job 
duties for the proffered position support the Petitioner's educational requirement, as they relate to 
developing and maintaining systems to support management information systems projects and 
identifying and resolving application issues. We further conclude, contrary to the Director's findings, 
that the job duties sufficiently correspond to the occupational classification on the LCA. For example, 
the position also involves such duties as researching and recommending operational and technological 
enhancements; compiling, analyzing, and reporting trends and anomalies; and conducting research, 
audits, and data analysis. 
2 
We therefore conclude that the Petitioner has shown that the job duties for the proffered position, when 
viewed in context with the scale and complexity of the Petitioner's business operations, require the 
theoretical and practical application of a body of highly specialized knowledge and the attainment of 
a bachelor's degree or higher in the specific specialty or its equivalent. Moreover, we specifically 
conclude that the record establishes that the particular position is so complex or unique that it can be 
performed only by an individual with a degree in a specific specialty. 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). Finally, we conclude that the petition is supported by an LCA which 
corresponds with the petition. See 8 C.F.R. § 214.2(h)(4)(i)(B)(l); see also Matter ofSimeio Solutions, 
26 I&N Dec. at 546 n.6. 
The evidence of record establishes that the proffered position requires both the theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a bachelor's degree or 
higher in the specific specialty of its equivalent. Additionally, the record establishes that the 
Beneficiary was qualified for the occupation at the time the petition was filed. 
ORDER: The appeal is sustained. 
3