sustained H-1B Case: Investment Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF Z-V-USA INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 4, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an investment management firm, seeks to temporarily employ the Beneficiary 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. § 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 qualifies as a specialty occupation. Upon de nova review, we will 
sustain the appeal. 
Based upon our review of the entire record of proceedings, including the submissions on appeal 
addressing the grounds for the Director's decision, we find that the Petitioner has overcome the basis 
of the Director's denial. The Petitioner has provided a detailed job description for the proffered 
position, as well as work samples completed by the Beneficiary and corresponding to the position, and 
explained why these duties, when performed within the context of its specific business operation, are 
specialized and complex. Specifically, we find that the nature of the proffered position is so complex 
and unique that it can be performed only by an individual with at least a U.S. bachelor's degree in a 
specific specialty, or the equivalent, as required by 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). Further, we 
conclude that Petitioner has established, by a preponderance of the evidence, that the particular 
position being offered to the Beneficiary qualifies for classification as a specialty occupation as the 
term is defined at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
Cite as Matter ofZ-V-USA Inc., ID# 4789516 (AAO Sept. 4, 2019)