sustained H-1B Case: Data Analytics

U.S. Citizenship 
and Immigration 
Services 
In Re: 9692864 
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. 27, 2020 
The Petitioner seeks to employ the Beneficiary temporarily under the H-lB nonimmigrant classification 
for specialty occupations.1 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 California Service Center Director denied the Form 1-129, Petition for a Nonimmigrant Worker, 
concluding that the record did not establish that the proffered position qualified as a specialty 
occupation. The matter is now before us on appeal. Upon de nova review, we conclude that the record 
establishes 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. The Petitioner's position description, when reviewed within the 
broader context of its operations, depicts one that includes duties sufficiently complex that a qualifying 
degree would be required to perform them. Specifically, the organization devised a position that serves 
managers by developing options and solutions for intricate business problems using data analytics, 
mathematical problem-solving, and other advanced techniques to make the organization more efficient 
and cost-effective. 
Though the Director questioned the degree the Petitioner found as acceptable to qualify for the 
position, the record of proceeding in this particular case preponderantly establishes how each field is 
directly related to the duties and responsibilities of the particular position.2 Moreover, the totality of 
the evidence establishes that the Beneficiary is qualified to perform the duties of the proffered position. 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(15)(H)(i)(b) . 
2 While this Petitioner-under this specific fact pattern, and under the synthesis of this position's responsibilities­
demonstrated a sufficient relationship between the required specialized studies and this job , this scenario should be 
considered the exception rather than the rule. Frequently, employers include a requirement of a bachelor's degree in 
general engineering, or any engineering field as an acceptable qualification for a proffered position without establishing 
how performing the duties would sufficiently rely on such a degree. In those cases, USCIS may conclude that such a 
degree requirement is overly broad, not justified, and not directly related to the duties and responsibilities of the position. 
Therefore, the record satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, 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). 
ORDER: The appeal is sustained. 
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