sustained H-1B Case: Digital Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-D-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE L 2016 
PETITION: FORM 1-129. PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a digital marketing services firm. seeks to temporarily employ the Beneficiary under 
the H-1B nonimmigrant classification for specialty occupations. See Immigration and Nationality 
Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(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. Vermont Service Center, denied the petitiOn. The Director concluded that the 
evidence in the record did not establish that the proffered position qualities as a specialty occupation. 
The matter is now before us on appeal. In its appeaL the Petitioner submits additional evidence and 
asserts that the proffered position is a specialty occupation. Upon de novo review, we will sustain 
the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision. we find that the Petitioner has overcome the basis 
of the Director's denial. Specifically, the totality of evidence now establishes that the proffered 
position qualifies as a specialty occupation. Further, the evidence of record also establishes that the 
Beneficiary is qualified to perform the duties of the proffered position. 
In visa petition proceedings. it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter (~lC-D-. Inc., ID# 17258 (AAO June L 2016)