sustained
H-1B
sustained H-1B Case: Information Technology
Decision Summary
The appeal was sustained because the AAO concluded, upon de novo review, that the petitioner had established the proffered 'business analyst' position qualifies as a specialty occupation. The AAO found that the particular position is so complex or unique that it can only be performed by an individual with a bachelor's or higher degree in a specific specialty, satisfying the regulatory criteria.
Criteria Discussed
Specialty Occupation Position Complexity Bachelor'S Degree Requirement Beneficiary Qualifications
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U.S. Citizenship and Immigration Services InRe : 7423184 Appeal of California Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : FEB. 13, 2020 The Petitioner , an information technology company, seeks to temporarily employ the Beneficiary as a "business 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. § 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 California Service Center denied the petition, concluding that the proffered position does not qualify as a specialty occupation. On appeal , the Petitioner submits additional evidence and asserts that the Director erred. Upon de novo 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 . § l 184(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 , considering the nature and scope of the Petitioner's business operations , by holding foreign degree determined, by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials , to be equivalent to a U.S. baccalaureate or higher degree required by the specialty occupation from an accredited college or university . ORDER: The appeal is sustained .
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