sustained
H-1B
sustained H-1B Case: Information Technology
Decision Summary
The appeal was sustained because the AAO concluded that the proffered position qualified as a specialty occupation. Upon de novo review of the record, including evidence submitted on appeal, the AAO found the particular position is so complex or unique that it can only be performed by an individual with a bachelor's degree in a specific specialty. The AAO also found the beneficiary was qualified for the position.
Criteria Discussed
Specialty Occupation Position Complexity Beneficiary Qualifications
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U.S. Citizenship and Immigration Services In Re: 8229304 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 "senior advisor, commodity management" 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. 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. § 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.
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