sustained H-1B Case: Data Science

U.S. Citizenship 
and Immigration 
Services 
In Re : 8843406 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 30, 2020 
The Petitioner , a software and technology development 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 require s 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 Petitioner had 
not established that the Beneficiary was qualified to perform services in the asserted specialty 
occupation . On appeal , the Petitioner submits a brief with additional evidence , maintaining 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 Upon de nova review , we will sustain the appeal. 
Although the Director did not raise the specialty-occupation issue , we affirm that the preponderance 
of the evidence satisfie s both the "specialty occupation " definition at 8 C.F.R. § 214 .2(h)( 4)(ii) and 
also the criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4) for a particular position whose specific duties are 
so specialized and complex that their performance requires knowledge usually associated with 
attainment of a baccalaureate or higher degree in a specific specialty. 
As to the beneficiary-qualification issue upon which the petition was denied , we conclude that the 
preponderance of the evidence establishes that the Beneficiary is qualified to perform the services of 
the proffered specialty-occupation position. Specifically , the Beneficiary has a U.S. bachelor's degree 
in statistics , in accordance with the beneficiary-qualification criterion at 8 C.F .R. § 
214.2(h)( 4)(iii)(C)( 1). 
1 Section 291 of the Act; Matter ofCh awathe, 25 I&N Dec. 369, 375 (AAO 2010). 
ORDER: The appeal is sustained. 
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