sustained H-1B Case: Finance And Strategy

U.S. Citizenship 
and Immigration 
Services 
In Re: 10343719 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-18) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 20, 2020 
The Petitioner, an online language school, seeks to temporarily employ the Beneficiary under the H-18 
nonimmigrant classification for specialty occupations.1 The H-18 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 qualifies as a specialty occupation. 
While we are not persuaded by all of the Petitioner's arguments, upon review of the record, the 
Petitioner has shown, by a preponderance of the evidence, 2 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 sufficiently described the position of lead manager, finance and strategy and explained 
why the duties are specialized and complex. In addition, the Petitioner established that the duties 
require specialized knowledge usually associated with a bachelor's or higher degree in a specific 
specialty. Therefore, the record satisfies the criterion at 8 C.F.R. § 214.2(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. § 1184(i)(l), and 8 C.F.R. 
§ 214.2(h)(4)(ii). 
ORDER : The appeal is sustained. 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(15)(H)(i)(b) . 
2 We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 l&N Dec. 369, 375-76 
(AAO 2010).