sustained H-1B Case: Data Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 8909203 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUNE 10, 2020 
The Petitioner, a credit research and 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 know ledge 
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 the proffered position qualifies as a specialty occupation. On appeal, the Petitioner 
submits a brief and asserts that the Director erred. 
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. 
Based upon our review of the entire record of proceedings, we conclude the Petitioner has overcome 
the basis of the Director's denial. In this matter, the totality of 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, as required by the regulation at 8 C.F .R. § 214.2(h)(4)(iii)(A)(4) . Specifically, the 
Petitioner has provided a detailed job description and explained why these duties are specialized and 
complex. The Petitioner has also established that the duties require specialized knowledge usually 
associated with a bachelor's or higher degree in a specialty field. Further, the Petitioner has established 
that the proffered position qualifies for 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). 
1 Section 291 of the Act; Matter ofChawathe , 25 I&N Dec. 369,375 (AAO 2010) . 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
ORDER: The appeal is sustained. 
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