sustained H-1B

sustained H-1B Case: Finance

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

Decision Summary

The appeal was sustained because the AAO concluded that the proffered position of Associate Analyst qualifies as a specialty occupation. The AAO found that the specific duties of the position involve highly specialized and complex applications of financial and quantitative analysis, requiring knowledge that is usually associated with the attainment of a bachelor's degree in a specific specialty.

Criteria Discussed

Specialty Occupation

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U.S. Citizenship 
and Immigration 
Services 
In Re : 8910181 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUNE 8, 2020 
The Petitioner , a global provider of credit ratings and analytics, seeks to temporarily employ the 
Beneficiary as an "Associate Analyst 3/ MDG" 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. 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 Vermont Service Center denied the petition , concluding that the record did not 
establish that the proffered position is a specialty occupation. The matter is now before us on appeal. 
On appeal, the Petitioner contends that the petition should be approved . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec . 369 , 375 (AAO 2010) . Upon de nova 
review , we conclude that the nature of the proffered position's specific dutie s routinely involves highly 
specialized and complex applications of financial and quantitative analysis such that the knowledge 
required to perform them is usually associated with the attainment of a bachelor's degree in a specific 
specialty , or the equivalent. The record of proceedings therefore satisfies 8 C.F.R . 
ยง 214.2(h)(4)(iii)(A)(4). The Petitioner has also 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 l 184(i)(l) , 
and 8 C.F.R. ยง 214.2(h)(4)(ii). 
ORDER: The appeal is sustained . 
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