sustained
H-1B
sustained H-1B Case: Online Search Engine
Decision Summary
The appeal was sustained because the AAO concluded that the petitioner successfully established the proffered position as a specialty occupation. The petitioner provided a detailed job description showing the duties were so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's or higher degree in mathematics or a related field.
Criteria Discussed
Specialty Occupation Complexity Of Duties Requiring A Degree
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U.S. Citizenship and Immigration Services In Re: 8207633 Appeal of California Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : FEB. 12, 2020 The Petitioner , an online search engine company, seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). 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 Petitioner did not establish that the proffered position qualifies as a specialty occupation . Upon de nova review, we will sustain the appeal. We conclude that the record establishes that 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 bachelor's or higher degree in a specific specialty, or its equivalent. Specifically, the Petitioner has provided a detailed job description and explained why the duties are specialized and complex. The Petitioner bas also established that the duties require specialized knowledge usually associated with a bachelor's or higher degree in mathematics or a related field. Therefore, the record satisfies the criterion at 8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4). Further, the Petitioner has established that the proffered position qualifies for classification as a specialty occupation as defined by section 214(i)( 1) of the Act, 8 U.S.C. ยง 1184(i)(l) , and 8 C.F.R. ยง 214.2(h)(4)(ii). ORDER: The appeal is sustained.
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