sustained H-1B Case: Food Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re : 8420024 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 1 7, 2020 
The Petitioner, a manufacturer and marketer of packaged food products, 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 . § 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 California Service Center denied the petition, concluding that the Petitioner did 
not establish that the Beneficiary is qualified for the proffered position. 
On appeal, the Petitioner submits a brief asserting that the Director erred in denying the petition . Upon 
de novo review, we will sustain the appeal. 
After reviewing the evidence in support of the Beneficiary's qualifications , including all of his 
education documents and professional credentials, as well as relevant state law provisions, we 
conclude it is more likely than not that he is qualified to perform the duties of the proffered position 
consistent with section 214(i)(2) of the Act and 8 C.F.R. § 214.2(h)(4)(iii)(C). 
ORDER: The appeal is sustained.