sustained H-1B

sustained H-1B Case: Digital Design

📅 Date unknown 👤 Company 📂 Digital Design

Decision Summary

The appeal was sustained because the AAO concluded that the proffered position of 'digital design coordinator' qualifies as a specialty occupation. On de novo review, the AAO determined that the position's specific duties are so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree in a specific specialty, thus meeting the regulatory requirements.

Criteria Discussed

Specialty Occupation Bachelor'S Degree Requirement Complexity Of Duties

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re : 8657603 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 23, 2020 
The Petitioner, a book publishing company , seeks to temporarily employ the Beneficiary as a "digital 
design coordinator" 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 Petitioner failed 
to establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits 
additional evidence and contends that the petition should be approved . 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit, and 
we follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N 
Dec . 369, 375-76 (AAO 2010) . Based upon our de nova review, we conclude that the nature of the 
proffered position's specific duties is so specialized and complex that the knowledge required to perform 
them is usually associated with the attainment of a bachelor's degree in a specific specialty, or the equivalent. 
The record of proceedings therefore satisfies 8 C.F.R. § 214.2(h)(4)(iii)(A)(4) . The Petitioner has also 
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. § l 184(i)(l), and 8 C.F .R. § 214.2(h)(4)(ii). Further, the 
record also establishes that the Beneficiary is qualified to perform the duties of this specialty 
occupation. 
ORDER: The appeal is sustained .

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