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