sustained H-1B

sustained H-1B Case: Geographic Information System Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

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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 . 
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