sustained
H-1B
sustained H-1B Case: Finance And Data Analysis
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated that the proffered position qualifies as a specialty occupation. The petitioner provided a detailed job description showing the duties are so specialized and complex that the knowledge required is usually associated with a bachelor's degree in finance and data analysis, thus meeting the regulatory criteria.
Criteria Discussed
Specialty Occupation Specialized And Complex Duties
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
MATTER OF Ai._ __ ___, APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 23, 2019 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, anl I company, seeks to temporarily employ the Beneficiary 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 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 Petitioner did not establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits a brief and additional evidence, and asserts that the Director erred in denying the petition. Upon de nova review, we will sustain the appeal. We conclude that the record establishes that the nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent. Specifically, the Petitioner has provided a detailed job description and explained why the duties are specialized and complex. The Petitioner has also established that the duties require specialized knowledge usually associated with a bachelor's or higher degree with concentration in finance and data analysis. Therefore, the record satisfies the criterion at 8 C.F.R. ยง 2 l 4.2(h)( 4 )(iii)(A)( 4). Further, 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. ยง l 184(i)(l), and 8 C.F.R. ยง 214.2(h)(4)(ii). ORDER: The appeal is sustained. Cite as Matter of A-._I __ _.I ID# 5440002 (AAO Sept. 23, 2019)
Use this winning precedent in your petition
MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.
Build Your Winning Petition →No credit card required. Generate your first petition draft in minutes.