sustained
H-1B
sustained H-1B Case: Internet Technology
Decision Summary
The initial denial was based on the Director's conclusion that the beneficiary was not qualified for the proffered position. Upon review, the AAO found that the petitioner did provide sufficient evidence to establish that the beneficiary meets the qualification requirements for a specialty occupation.
Criteria Discussed
Beneficiary'S Qualifications
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U.S. Citizenship and Immigration Services In Re: 7010966 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. 14, 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. 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 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 evidence submitted on appeal, the Petitioner has overcome the reason for the Director 's denial. Specifically, we fmd that the Beneficiary has satisfied the requirements described at section 214(i)(2) of the Act and 8 C.F.R. ยง 214.2(h)( 4)(iii)(C)(2). ORDER: The appeal is sustained.
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