sustained H-1B Case: Online Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 12, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an online marketing company, 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. Upon de nova review, we will 
sustain the appeal. 
Based upon our review of the entire record of proceedings, including the evidence submitted on appeal, 
we find that the Petitioner has overcome the reason for the Director's denial. Though the Petitioner 
identified a range of degrees as acceptable for the proffered position that on its face may appear broad, 
the record of proceedings in this particular case establishes by a preponderance of the evidence that 
the knowledge associated with the proposed duties nonetheless constitutes a "body of highly 
specialized knowledge" such that attainment of one of those degrees would still constitute a degree 
"in the specific specialty" as contemplated by section 214(i)(l) of the Act. See Matter of Chawathe, 
25 I&N Dec. 369, 376 (AAO 2010). Thus, 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 and 
8 C.F.R . § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
Cite as Matter of E-, Inc., ID# 4811029 (AAO Sept. 12, 2019)