sustained H-1B

sustained H-1B Case: Internet Technology

📅 Date unknown 👤 Company 📂 Internet Technology

Decision Summary

The Director initially denied the petition, concluding the petitioner did not establish that the beneficiary was qualified for the proffered specialty occupation position. Upon review, the AAO found that the petitioner did overcome the reasons for denial and demonstrated that the beneficiary satisfied the necessary qualification requirements.

Criteria Discussed

Beneficiary Qualifications

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 8493418 
Appeal of California Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 28, 2020 
The Petitioner, an internet company, seeks to temporarily employ the Beneficiary under the H-lB 
nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 
101(a)(15)(H)(i)(b) , 8 U.S.C. § 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 Petitione r did 
not establish that the Beneficiary is qualified for the proffered position . Upon de novo review, we will 
sustain the appeal. 
Based upon our review of the entire record of proceedings, including the arguments made and evidence 
submitted on appeal, the Petitioner has overcome the reason for the Director's denial. Specifically, 
we find that the Beneficiar y has satisfied the requirements described at section 214(i)(2) of the Act 
and 8 C.F.R. § 214.2(h)(4)(iii)(C)(I). 
ORDER: The appeal is sustained.

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