sustained H-1B Case: Not Specified

U.S. Citizenship 
and Immigration 
Services 
In Re : 8229418 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 25, 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)(l5)(H)(i)(b), 
8 U.S.C. § 1101(a)(l5)(H)(i)(b) . 
The California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. On appeal, the Petitioner submits a 
brief and additional documentation and asserts that the Director's decision was erroneous. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will sustain the appeal. 1 
The record demonstrates that the proffered position is a specialty occupation. The Petitioner provided 
a sufficiently detailed description and explained the Beneficiary 's proposed work as the work relates 
to the Petitioner's business operations. The Petitioner supported the requirements for the proposed 
position with a thorough position evaluation which further clarified and supported the Petitioner's 
claim establishing that the duties of the position required a baccalaureate or higher degree in a specific 
discipline, or its equivalent. The proposed duties , when reviewed within the context of the Petitioner's 
business operations , are also sufficient to demonstrate that more likely than not 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 Petitioner also 
appropriately accounted for the level of experience and responsibility of the position with the 
certification of the wage level on the LCA. 
Our review of the Beneficiary's academic credentials, the opinion regarding the duties and the 
requirements necessary to perform those duties, as well as evidence of the relationship between the 
duties and the Beneficiary's academic degree establish that the Beneficiary is also qualified to perform 
the duties of the proffered position. 
1 We follow the preponderanc e of the evidence standard outlined in Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 
2010). 
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) as a minimum for 
entering into the occupation in the United States. And further, that the Beneficiary's academic degree is 
directly related to the duties of the proffered position. 
ORDER: The appeal is sustained. 
2