sustained H-1B Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re: 10028126 
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: SEPT. 1, 2020 
The Petitioner, a manufacturer of precision weighing and measuring equipment, 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. On appeal, the Petitioner 
submits a brief and additional documentation and asserts that the Director's decision was erroneous. 
The Petitioner bears the burden of proof to demonstrate el igibi I ity by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will sustain the appeal. 
We conclude that the nature of the specific duties is so specialized and complex that the knowledge 
required to perform them is usually associated with the attainment of a bachelor's or higher degree in 
a specific specialty, or its equivalent. Specifically, the Petitioner has sufficiently articulated the scope 
of its business operations and explained why the Beneficiary's duties are specialized and complex. 
The Petitioner has also established that the duties require specialized knowledge usually associated 
with a bachelor's or higher degree directly related to the position. Therefore, the record satisfies the 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, 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. § 1184(i)(l) , and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER : The appeal is sustained.