sustained H-1B Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re : 9660794 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : OCT . 6, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "research analyst" under the H-lB 
nonimmigrant classification for specialty occupations . See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S .C. § 1101(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 Vermont Service Center denied the petition, concluding that the record did not establish 
that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner submits an appellate 
brief and contends that the petition should be approved. 
It is the Petitioner's burden to establish eligibility for the requested benefit by a preponderance of the 
evidence .1 We review the questions in this matter de novo.2 Upon de nova review , we will sustain 
the appeal. 
The Petitioner has explained that it would employ the Beneficiary within its I I 
......,,....,...._I group, and it has provided credible, detailed descriptions of the duties she would perform, and 
of the types of projects upon which she would work, as part of her employment in that practice area. 
The record establishes by a preponderance that the proffered position requires a bachelor 's degree in 
industrial and operations engineering, or a related field. When reviewed within the context of the 
Petitioner's business operations, we find the evidence of record sufficient to demonstrate that this 
Beneficiary's work would in fact involve a "body of highly specialized knowledge" attained through 
a precise and specific course of study that relates directly and closely to the proffered position. 
The evidence of record therefore establishes that the proffered position requires the theoretical and 
practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or 
higher degree in the specific specialty or its equivalent. It therefore 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. § 214.2(h)(4)(ii). It also 
1 See Section 291 of the Act; see also Matter ofChawath e, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
establishes that the position is so complex or unique that it can only be performed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and it therefore also satisfies 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). The record demonstrates that the Beneficiary possesses a U.S. bachelor's degree in 
naval architecture and marine engineering, a U.S. master's degree in naval architecture and marine 
engineering, and a U.S. master's degree in industrial and operations engineering, so she is qualified to 
perform the duties of this specialty occupation. 
ORDER: The appeal is sustained. 
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