sustained H-1B Case: Law

U.S. Citizenship 
and Immigration 
Services 
In Re: 17851737 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUL. 27, 2021 
The Petitioner seeks to temporarily employ the Beneficiary as a law clerk under the H-lB nonimmigrant 
classification for specialty occupations. 1 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 Vermont Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proposed position qualifies as a specialty occupation. On appeal , the Petitioner 
asserts that the Director erred and it has established eligibility for this benefit. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence . 2 The Administrative Appeals Office reviews the questions in this 
matter de nova. 3 Upon de nova review, we will sustain the appeal. 
The record demonstrates that the proffered position is a specialty occupation. The duties of the 
proffered position are sufficiently described to establish that the duties are those of a lawyer and the 
labor condition application is certified for the lawyer occupation . Additionally, the Petitioner 
explained its use of the title of law clerk for individuals entering its firm. The totality of the record 
establishes that, more likely than not, the Petitioner's particular position requires the theoretical and 
practical application of a body of highly specialized knowledge, and the attainment of a bachelor 's or 
higher degree in the specific specialty ( or its equivalent) as a minimum for entering into the occupation 
in the United States. 4 Further, the Beneficiary is academically qualified to perform the duties of the 
position. 
ORDER: The appeal is sustained. 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b) . 
2 Section 291 of the Act; Matter of Chawathe , 25 l&N Dec. 369, 375 (AAO 2010) . 
3 See Matter of Christo 's Inc., 26 I&N Dec . 537, 537 n.2 (AAO 2015) . 
4 The position in this matter requires a juris doctorate to enter into the occupation .