sustained H-1B Case: Electronic Commerce

U.S. Citizenship 
and Immigration 
Services 
In Re: 9846321 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 19, 2020 
The Petitioner, an electronic commerce company, seeks to temporarily employ the Beneficiary under 
the H-lB 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)(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 did 
not establish that the Beneficiary is qualified for the proffered position. 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. We considered the U.S. Department of Labor's Occupational Outlook 
Handbook and the Beneficiary's academic credentials, and conclude that the Beneficiary is qualified 
for the position . Specifically, we conclude that the Beneficiary's degree is in "a related field," and the 
Beneficiary is qualified to perform the duties of the proffered position. As a result, the Petitioner has 
satisfied the requirements under section 214(i)(2) of the Act, 8 U.S.C. § l 184(i)(2), and 8 C.F.R. 
§ 214.2(h)(4)(iii)(C) . 
Though not addressed by the Director, we also find that the duties of the proffered position are so 
specialized and complex that the knowledge required to perform them is usually associated with at 
least a U.S . bachelor's degree in a specific specialty, or the equivalent, as required by 8 C.F.R . 
§ 214.2(h)(4)(iii)(A)(4). Further, we conclude that Petitioner has established, by a preponderance of 
the evidence, that the particular position being offered to the Beneficiary qualifies for classification as 
a specialty occupation as the term is defined at section 214(i)(l) of the Act, and 8 C.F.R. 
§ 2 l 4.2(h)( 4)(ii). 
ORDER: The appeal is sustained .