sustained H-1B

sustained H-1B Case: Economics

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Economics

Decision Summary

The appeal was sustained because the petitioner established that the proffered position qualifies as a specialty occupation. The AAO found that the petitioner provided a detailed job description showing the duties were specialized and complex, requiring knowledge typically associated with a bachelor's degree in economics.

Criteria Discussed

Specialty Occupation 8 C.F.R. ยง 214.2(H)(4)(Iii)(A)(4)

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U.S. Citizenship 
and Immigration 
Services 
In Re: 8641283 
Appeal of California Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 6, 2020 
The Petitioner , an online search engine company, seeks to temporarily employ the Beneficiary under 
the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act 
section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 110l(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 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 did 
not establish that the proffered position qualifies as a specialty occupation . Upon de nova review, we 
will sustain the appeal. 
We conclude that 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. Specifically, the Petitioner has 
provided a detailed job description and explained why the duties are specialized and complex. The 
Petitioner bas also established that the duties require specialized knowledge usually associated with a 
bachelor's or higher degree in economics. Therefore, the record satisfies the criterion at 8 C.F.R. 
ยง 2 l 4.2(h)( 4)(iii)(A)( 4). Further, the Petitioner has 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. 
ยง 1184(i)(l), and 8 C.F.R. ยง 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
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