sustained
H-1B
sustained H-1B Case: Geographic Information System Technology
Decision Summary
The Director denied the petition, concluding the position did not qualify as a specialty occupation. The appeal was sustained because the AAO found that the petitioner's detailed job description established that the duties are so specialized and complex that the knowledge required is usually associated with a bachelor's or higher degree.
Criteria Discussed
Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re: 5262428 Appeal of California Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : JAN. 15, 2020 The Petitioner, a geographic information system technology design and development company, seeks to temporarily employ the Beneficiary as an "application developer - adobe sites" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 10l(a)(l5)(H)(i)(b), 8 U.S.C. ยง l 101(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 proffered position did not qualify as a specialty occupation. Upon de nova review, we will sustain the appeal. Based upon our review of the entire record, we conclude that the particular position being offered to the Beneficiary qualifies for classification as a specialty occupation as the term is defined at section 214(i)(l) of the Act and 8 C.F.R. ยง 214.2(h)(4)(ii). The Petitioner has provided a detailed job description and established that these duties, when performed within the context of its specific business operations, are so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a baccalaureate or higher degree, as required by the regulation at 8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4). ORDER: The appeal is sustained .
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.