sustained H-1B Case: Graphic Design

(b)(6)
DATE: MAR 2 0 2015 OFFICE: CALIFORNIA SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
�� · 
Ron Ro:cdrt' 
Chief, Administrative Appeals Office 
www,uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition, and the matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The 
petition will be approved. 
The petitioner represented itself on the Form I-129 as a bible software company. It seeks to employ 
the beneficiary as an H-1B nonimmigrant worker in a specialty occupation pursuant to section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 
1101(a)(15)(H)(i)(b). The director denied the petition, finding that the petitioner failed to 
demonstrate that its proposed position qualifies for classification as a specialty occupation. 
We conduct appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir. 
2004 ). Upon review of the entire record as supplemented by the submissions on appeal, we find that 
the petitioner has overcome the director's ground for denying this petition. 
Specifically, we find that the particular graphic designer position proposed here requires a four-year 
course of a body of highly specialized knowledge commensurate with a university-level education 
in the specific discipline of graphic arts or a closely related specialty for entry into the occupation in 
the United States. The petitioner has therefore established by a preponderance of the evidence that 
the graphic designer position proffered here qualifies for classification as a specialty occupation. In 
addition, we have reviewed the qualifications of the beneficiary and find him qualified to perform 
the duties of the proffered specialty occupation. 
The burden of proof in visa petition proceedings rests solely with the petitioner. Section 291 of the 
Act, 8 U.S.C. § 1361. The petitioner has sustained that burden. 
ORDER: The appeal is sustained.