sustained H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8480603 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 3, 2020 
The Petitioner, an information technology provider , seeks to temporarily employ the Beneficiary as an 
"technical business analyst" under the H-1 B nonimmigrant classification for specialty occupations. 1 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 . The Petitioner bears the burden 
of proof to demonstrate eligibility by a preponderance of the evidence. 2 We review the questions in 
this matter de nova. 3 Upon de nova review, we will sustain the appeal. 
The Petitioner has demonstrated eligibility for this classification by a preponderance of the evidence. 
The Petitioner's position description, when reviewed within the broader context of its operations, 
depicts a position that includes duties sufficiently complex that a qualifying degree would be required 
to perform them. In particular, the Petitioner has devised duties that comprise a position that addresses 
issues relating to software through developing solutions and testing . 
Considering the aggregate of the evidence as it existed before the Director , the full spectrum of the 
duties persuades us to conclude in the Petitioner's favor in the present case. As a result, the Petitioner 
has demonstrated that it is more likely than not, that the nature of the position's 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. 4 The Petitioner has also 
established that the position satisfies the statutory definition of a specialty occupation found within 
section 214(i)(l) of the Act. 
ORDER: The appeal is sustained. 
1 See Immigration and Nationality Act (the Act) section 101 (a)(l 5)(H)(i)(b ), 8 U.S .C. § l 10l(a)(l5)(H)(i)(b ). 
2 Section 291 of the Act ; Matter of Chawathe, 25 I&N Dec . 369, 375 (AAO 2010) . 
3 See Matter of Christo 's Inc., 26 l&N Dec . 537, 537 n.2 (AAO 2015) . 
4 8 C.F.R . § 214 .2(h)(4)(iii)(A)(4) .