sustained H-1B Case: Data Analytics

U.S. Citizenship 
and Immigration 
Services 
In Re: 10093878 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 3, 2020 
The Petitioner, a data analytics company, seeks to temporarily employ the Beneficiary as a data scientist 
under the H-lB nonimmigrant classification for specialty occupations. 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 proffered position is a specialty occupation . The matter is now before us on appeal. 
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 nova review, we conclude that 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. 
§ 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner provided a detailed job description that, 
along with other evidence in the record, establishes that the particular position is so complex or unique 
that it can be performed only by an individual with a bachelor's or higher degree in a specific specialty, 
or its equivalent, as required by the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). Additionally, 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. 
ORDER: The appeal is sustained.