sustained H-1B

sustained H-1B Case: Investment Banking

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

Decision Summary

The appeal was sustained because the AAO concluded, upon de novo review, that the petitioner had established the proffered 'Analyst' position as a specialty occupation. The evidence, including a detailed job description, demonstrated that the duties are so specialized and complex that they require at least a bachelor's degree in a specific field like quantitative finance or financial engineering.

Criteria Discussed

Specialty Occupation Beneficiary Qualifications

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U.S. Citizenship 
and Immigration 
Services 
In Re: 8792093 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 14, 2020 
The Petitioner, an investment banking, securities and investment management firm, seeks to 
temporarily employ the Beneficiary as an "Analyst" under the H-lB nonimmigrant classification for 
specialty occupations. See Immigration and Nationality Act (the 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 Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position is a specialty occupation. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
Upon de nova review, we conclude that 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). The Petitioner provided a detailed job description that 
along with other evidence in the record establishes that the duties of the position in question, when 
performed within the context of its specific business operations, are so specialized and complex that 
the knowledge required to perform them is usually associated with the attainment of a baccalaureate 
or higher degree in a specific specialty or its equivalent related to quantitative finance or financial 
engineering, as required by the regulation at 8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4). Further, the record 
establishes that the Beneficiary is qualified to perform the duties of the proffered position under section 
214(i)(2) of the Act; 8 C.F.R. ยง 214.2(h)(4)(iii)(C)(l). 
ORDER: The appeal is sustained. 
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