sustained H-1B Case: Industrial Flow Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 3997593 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 8, 2020 
The Petitioner, an international provider of industrial flow management services, seeks to temporarily 
employ the Beneficiary as a "Strategy Analyst" 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. § 110l(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 failed 
to establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits 
additional evidence and contends that the petition should be approved. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. We 
follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 
369, 375-76 (AAO 2010). Upon de nova review, we conclude that 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). 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. § 214.2(h)(4)(iii)(A)(4). Further, the record establishes that the Beneficiary is 
qualified to perform the duties of the proffered position. 
ORDER: The appeal is sustained.