sustained H-1B

sustained H-1B Case: Internet Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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