sustained H-1B Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re : 13235704 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 26, 2021 
The Petitioner, a wholesale distributor of fragrances, seeks to temporarily employ the Beneficiary as a 
"fina ncial systems 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. § l 10l(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 Director also concluded that the 
Petitioner did not specify the correct Standard Occupational Classification (SOC) code on U.S . 
Department of Labor's (DOL) ETA Form 9035 & 9035E, Labor Condition Application for 
Nonimmigrant Workers (LCA). On appeal, the Petitioner asserts that the Director erred in denying 
the petition. Upon de nova review , we will sustain the appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 1 
Upon de nova review, we conclude that the Petitioner has 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. 
§ 1184(i)(l) , and 8 C.F.R. § 214.2(h)(4)(ii). When reviewed within the context of the Petitioner's 
business operations , the evidence of record sufficiently establishes that the duties of the proffered 
position are so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree in a specific specialty or its 
equivalent , as required by the regulation at 8 C.F.R. § 214 .2(h)(4)(iii)(A)(4) . 
We also conclude that the evidence of record regarding the duties of the position is sufficient to 
demonstrate that, more likely than not, the certified LCA supports the position described in the 
petition . Although the correlation between the duties and the designated SOC code may not be obvious 
at first, based on our review of the Petitioner's operations , the role of the position, and other potentially 
1 Section 291 of the Act; Matter ofCh awathe, 25 I&N Dec. 369, 375 (AAO 2010). 
related SOC codes, we conclude that the Petitioner correctly selected the most relevant SOC code with 
the highest paying prevailing wage. 2 
ORDER: The appeal is sustained 
2 DOL provides clear guidance for selecting the most relevant occupational code classification. The "Prevailing Wage 
Determination Policy Guidance" indicates that if"the employer's job opportunity has worker requirements described in a 
combination of .. occupations" then the "occupational code for the highest paying occupation" should be selected. U.S. 
Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration 
Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/pdf/NPWHC_ 
Guidance_ Revised_ 11 _ 2009 .pdf 
2