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