sustained H-1B

sustained H-1B Case: International Banking

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ International Banking

Decision Summary

The Director initially denied the petition, concluding the proffered position was not a specialty occupation. Upon de novo review, the AAO found that the record demonstrated the position's duties are so specialized and complex that the knowledge required is usually associated with a bachelor's or higher degree in a specific specialty, thereby satisfying the criteria for a specialty occupation.

Criteria Discussed

Specialty Occupation Bachelor'S Degree Requirement Specialized And Complex Duties

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
In Re: 4780955 
Appeal of California Service Center Decision 
Form I-129, Petition forNonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 27, 2020 
The Petitioner, a company engaged in international banking and related services, seeks to temporarily 
employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
ยง 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 Petitioner did 
not establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits a 
brief and asserts that the Director erred in denying the petition. Upon de nova review, we will sustain 
the appeal. 
Based upon our review of the entire record of proceedings, we find that the Petitioner has overcome 
the basis of the Director's denials. In this matter , the record demonstrates that the proffered position 
is a specialty occupation . Our review of the Beneficiary's academic credentials , the opinions regarding 
the duties , the requirements necessary to perfonn those duties, and the documents submitted on appeal 
establishes that the Beneficiary is qualified to perform the duties of the proffered position. The totality 
of the record establishes, by a preponderance of the evidence, that the Petitioner's particular position 
requires the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum 
for entering into the occupation in the United States. The record establishes 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 bachelor's or higher degree in a specific specialty , or its equivalent, 
and therefore satisfies the criterion at 8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4). 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 . ยง 1184(i)(l) , and 8 C.F.R. ยง 214.2(h)(4)(ii). 
ORDER: The appeal is sustained . 
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