sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 7208726 
Appeal of California Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 24, 2020 
The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as a 
"commodity management advisor" under the H-IB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-IB 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 does not qualify as a specialty occupation. The Director also concluded that the Beneficiary 
is not qualified for the proffered position. The Director dismissed a subsequent combined motion to 
reopen and motion to reconsider, concluding that it did not satisfy applicable motion requirements. 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred. 
Upon de nova review, we conclude that the record, including infonnation 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. While the 
Petitioner's requirements include a degree in business administration, the Petitioner identifies 
specialized knowledge required in addition to the degree. 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.