sustained
H-1B
sustained H-1B Case: 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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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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