sustained
H-1B
sustained H-1B Case: 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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