sustained H-1B Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 10065335 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: WL Y 7, 2020 
The Petitioner 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits a brief 
and asserts that the Director erred and the Petitioner 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.1 We review the questions in this matter de novo.2 Upon de nova 
review, we will sustain the appeal. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). Specifically, 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 , as required by 
8 C.F.R. § 214.2(h)( 4 )(iii)(A)( 4). The record includes a description of the job duties and an 
explanation of the Beneficiary's proposed work in marketing. The proposed duties, when reviewed 
within the context of the Petitioner 's business operations , are sufficient to demonstrate that the duties 
of the position require a "body of highly specialized knowledge" attained through a precise and 
specific course of study that relates directly and closely to the proffered position. 
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. 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), 8 C.F.R. § 214.2(h)(4)(ii), and (iii)(A)(4). Additionally , 
the record establishes that the Beneficiary is qualified to perform the duties of the proffered position 
by holding a qualifying foreign degree determined to be equivalent to a U.S. baccalaureate or higher 
1 Section 291 of the Act; Matter ofCh awathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
degree from an accredited college or university. Section 214(i)(2) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(2). 
ORDER: The appeal is sustained. 
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