sustained H-1B Case: Media Planning And Buying

U.S. Citizenship 
and Immigration 
Services 
In Re: 10471801 
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 2, 2020 
The Petitioner, a media planning and buying company, seeks to employ the Beneficiary under the H-IB 
nonimmigrant classification for specialty occupations .1 The H-IB 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 Form 1-129, Petition for a Nonimmigrant Worker, 
concluding that the record did not establish that the proffered position qualified as a specialty 
occupation. The matter is now before us on appeal. The Petitioner bears the burden of proof to 
demonstrate eligibility by a preponderance of the evidence. Upon de nova review 2, we will sustain 
the appeal. 
Considering the aggregate of the evidence within the present record, the Petitioner has demonstrated 
that it is more likely than not, that the nature of the position's duties is so specialized 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. 3 The Petitioner has also established that the 
position satisfies the statutory definition of a specialty occupation found within section 214(i)( 1) of 
the Act. 
ORDER: The appeal is sustained . 
1 See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 8 U.S.C. § l 101(a)(l5)(H)(i)(b). 
2 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
3 8 C.F.R. § 214.2(h)(4)(iii)(A).