sustained H-1B Case: Online Payment Solutions

U.S. Citizenship 
and Immigration 
Services 
In Re: 8960365 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonirnrnigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE : APR. 29, 2020 
The Petitioner , an online payment solutions company, seeks to temporarily employ the Beneficiary 
under the H-1 B nonirnrnigrant 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 California Service Center denied the petition, concluding that the record does not 
establish that the Beneficiary is qualified for the proffered position. 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. 
Based upon our review of the entire record of proceedings, including the Beneficiary's academic 
credentials, the expert opinion letters , and the documents submitted on appeal, we conclude that the 
Beneficiary is qualified to perform the duties of the proffered position. The Petitioner has established 
that the Beneficiary's U.S. bachelor's degree shares sufficient commonality with the degrees required 
to perform in the proffered position. The totality of the record establishes, by a preponderance of the 
evidence, that the Beneficiary's degree is directly related to the proffered position and that she is 
academically qualified to perform the duties of the specialty occupation. Specifically , we conclude 
that the Beneficiary holds a United States baccalaureate degree required by the specialty occupation 
from an accredited college or university, as required by section 214(i)(2) of the Act and 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(l) . 
ORDER: The appeal is sustained .