sustained H-1B

sustained H-1B Case: Online Search Engine

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Sign up free to download the original PDF

View Full Decision Text
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. 
Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.