sustained H-1B Case: Data Modeling

U.S. Citizenship 
and Immigration 
Services 
In Re: 17345028 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUN. 23, 2021 
The Petitioner, a financial and business services company, seeks to temporarily employ the Beneficiary 
as a "Data Modeler II" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. § l 10l(a)(l5)(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 California Service Center denied the petition, concluding that the record did not 
establish that the position qualified as a specialty occupation under any of the criteria in 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) . The matter is now before us on appeal. On appeal, the Petitioner asserts that 
the Director's decision was in error. 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 nova. 2 Upon de nova review, we will sustain the appeal. 
The totality of the evidence establishes that more likely than not a bachelor's degree is normally the 
minimum requirement for entry into the position. The Petitioner has also established that the proffered 
position qualifies for classification as a specialty occupation as that term is defined by section 2 l 4(i)(l) 
of the Act, 8 U.S.C. § 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). We examined the Petitioner's 
minimum qualifications for the position and find that more likely than not, the proposed range of 
acceptable degree fields is sufficiently narrow such that the knowledge they impart constitutes a body 
of highly specialized knowledge. Further, the Petitioner has provided a certified labor condition 
application that is commensurate with the duties and the Beneficiary's level ofresponsibility. Finally, 
we have reviewed the Beneficiary's qualifications and find that he is qualified to perform the services 
of this specialty occupation. 
ORDER: The appeal is sustained . 
1 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) .