sustained H-1B Case: Mortgage Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 8419775 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 3, 2020 
The Petitioner, a mortgage services provider, seeks to temporarily 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 Director of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation . The Petitioner bears the burden 
of proof to demonstrate eligibility by a preponderance of the evidence. 2 We review the questions in 
this matter de nova. 3 Upon de nova review , we will sustain the appeal. 
We conclude that the record establishes that the proffered position 's duties are specialized and 
complex. In particular , the Petitioner has devised duties that comprise a position that addresses the 
development of predictive modeling capabilities , which will inform the employer in its business 
decision-making process. The Petitioner sufficiently distinguishes the proffered position from similar 
jobs that do not require at least a baccalaureate degree in a specific specialty, or its equivalent , for 
entry into the occupation . When viewed in its totality , the record establishes, that more that more 
likely than not, 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 baccalaureate or higher degree 
in a specific specialty , or its equivalent. 4 The Petitioner has also established that the position satisfies 
the statutory definition of a specialty occupation found within section 2 l 4(i)(l) of the Act. 
ORDER: The appeal is sustained . 
1 See Immi gration and Nationality Act (the Act) section 101 (a)(l 5)(H)(i)(b ), 8 U.S .C. § l 10l(a)(l5)(H)(i)(b ). 
2 Section 291 of the Act ; Matter of Chawathe, 25 I&N Dec . 369, 375 (AAO 2010) . 
3 See Matter of Christo 's Inc., 26 l&N Dec . 537, 537 n.2 (AAO 2015) . 
4 8 C.F.R . § 214 .2(h)(4)(iii)(A)(4) .