sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8640131 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 27, 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 California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 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 find 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 find 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.