sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8302848 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 31, 2020 
The Petitioner, a knowledge as a service information technology company, seeks to temporarily 
employ the Beneficiary as a "senior marketing systems analyst" under the H-lB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(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 Petitioner failed 
to establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits 
additional evidence and contends that the petition should be approved . 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. We 
follow the preponderance of the evidence standard as specified in Matter of Chawathe , 25 I&N Dec . 
369, 375-76 (AAO 2010). Upon de nova review, we conclude that 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) . Further, the record also 
establishes that the Beneficiary is qualified to perform the duties of the proffered position. 
ORDER: The appeal is sustained .