sustained H-1B Case: Healthcare Informatics

U.S. Citizenship 
and Immigration 
Services 
In Re : 84 78968 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 22, 2020 
The Petitioner, a nationwide healthcare, life, and disability insurance provider, seeks to temporarily 
employ the Beneficiary as an "informatics consultant /lead" under the H-lB nonirnrnigrant classification 
for specialty occupations . Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 
8 U.S.C. § l 10l(a)(l5)(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 Vermont Service Center denied the petition , concluding that the position does not 
qualify as a specialty occupation. The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). 
Upon de nova review, we conclude that the record, including information submitted on appeal, 
establishes that the particular position is so complex or unique that it can be performed only by an 
individual with a bachelor's or higher degree in a specific specialty, or its equivalent. Therefore, the 
record satisfies the criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A)(2). 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). Additionally, the record 
establishes that the Beneficiary is qualified to perform the duties of the proffered position by holding 
a qualifying degree from an accredited college or university in the United States . 
ORDER: The appeal is sustained.