sustained H-1B

sustained H-1B Case: Education

📅 Date unknown 👤 Organization 📂 Education

Decision Summary

The initial petition was denied because the Beneficiary lacked the required state teaching license. On appeal, the Petitioner submitted a new teaching intern certificate which the AAO determined satisfied the conditions for a temporary licensure, thus demonstrating the Beneficiary's qualifications for the position.

Criteria Discussed

Beneficiary Qualifications Licensure Requirement

View Full Decision Text

.
MATTER OF C-F-U-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG.31,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 
I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a public school district, seeks to temporarily employ the Beneficiary as a "teacher 
(Chinese Mandarin)" under the H-1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § 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 Beneficiary 
does not possess the appropriate licensure as required by the proffered position. See section 
214(i)(2) of the Act, 8 U.S.C. § 1184(i)(2); 8 C.P.R. § 214.2(h)(4)(iii)(C); 8 C.P.R. 
§ 214.2(h)(4)(v). 
On appeal, the Petitioner submits new evidence ofthe Beneficiary's teaching intern certificate which 
expires on July 13, 2018. This teaching intern certificate satisfies the conditions for a temporary 
licensure pursuant to 8 C.P.R.§ 214.2(h)(4)(v)(B). Accordingly, the Petitioner has demonstrated the 
Beneficiary's qualification for the proffered position for a period of one year. See 8 C.P.R. 
§ 214.2(h)(4)(v)(E) (where licensure is required in any occupation, the H-lB petition may only be 
approved for a period of one year or for the period that the temporary license is valid, whichever is 
longer). 
ORDER: The appeal is sustained. 
Cite as Matter ofC-F-U-S- ID# 417571 (AAO Aug. 31, 2017)

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