sustained H-1B Case: Management Consulting

MATTER OF M-&C-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 10,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a management consulting firm, seeks to temporarily employ the Beneficiary under the 
H-1 B nonimmigrant classification tor 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-1B 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, Vermont Service Center, denied the petition, concluding that the protiered position 
does not qualify as a specialty occupation. 
In its appeal, the Petitioner submits a brief asserting that the Director did not appropriately analyze 
the special skills and expertise required for the proffered position, and erred in denying the petition. 
Upon de novo review, we will sustain the appeal. 
The evidence of record establishes that the nature ofthe specific duties is so spe~ialized 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. Also, the degrees required 
for the proffered position constitute a body of highly specialized knowledge that relate directly to the 
duties of the proffered position. Therefore, we conclude that the evidence of record satisfies the 
criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4). The Petitioner has established that the proffered 
position qualifies for classification as a specialty occupation as defined by section 214(i)(1) of the 
Act and 8 C.F.R. § 214.2(h)(4)(ii). 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility fpr the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of M-&C-, Inc., ID# 202429 (AAO Feb. 10, 2017)