sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 10457065 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 30, 2020 
The Petitioner, an information technology consulting company, seeks to temporarily employ the 
Beneficiary under the H-lB non immigrant 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-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 record did not 
establish that the proffered position qualifies as a specialty occupation. In these proceedings, it is the 
Petitioner's burden to establish eligibility for the requested benefit. Section 291 of the Act, 8 U.S.C. 
§ 1361. Upon de nova review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we determine that the Petitioner has overcome the 
basis of the Director's denial. The Petitioner has provided a detailed job description for the proffered 
position and explained why these duties, when performed within the context of its specific business 
operation, are specialized and complex. Specifically, we conclude that the nature of the specific duties 
is so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent, as required 
by 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, we conclude that Petitioner has established, by a 
preponderance of the evidence, 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. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained.