sustained H-1B

sustained H-1B Case: Data Analytics

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Data Analytics

Decision Summary

The appeal was sustained because the AAO found that the petitioner successfully demonstrated the proffered position is a specialty occupation. The petitioner provided a sufficiently detailed job description for the data analytics role, establishing that the duties are so specialized and complex that they require a bachelor's degree or higher in a specific specialty.

Criteria Discussed

Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement

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U.S. Citizenship 
and Immigration 
Services 
In Re: 10469265 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 25, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant classification 
for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 
8 U.S.C. ยง 1101(a)(15)(H)(i)(b). 
The California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that 
the Director erred and the Petitioner has established eligibility for this benefit. 
In these proceedings, 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. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. ยง 214.2(h)(4)(ii) and (iii)(A). Specifically, we conclude that the nature of the specific duties 
is so specialized and complex that 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, as required by 
8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4). The Petitioner provided a sufficiently detailed job description and 
explained the Beneficiary's proposed work in data analytics. The supporting documentation establish 
that the duties of the position required a baccalaureate or higher degree in a specific discipline, or its 
equivalent. The proposed duties, when reviewed within the context of the Petitioner's business 
operations, are sufficient to demonstrate that the duties of the position require 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 totality of the record establishes that, more likely than not, the Petitioner's particular 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 Petitioner has 
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. ยง 1184(i)(l), 8 C.F.R. ยง 214.2(h)(4)(ii), and (iii)(A)(4). Additionally, 
1 Section 291 of the Act ; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
the record establishes that the Beneficiary is qualified to perform the duties of the proffered position 
by holding a qualifying degree from an accredited college or university in the United States. Section 
214(i)(2) of the Act; 8 C.F.R. ยง 214.2(h)(4)(iii)(C)(1). 
ORDER: The appeal is sustained. 
2 
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