sustained H-1B

sustained H-1B Case: Product Design

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Product Design

Decision Summary

The appeal was sustained because the petitioner established that the proffered position of 'senior product designer' qualifies as a specialty occupation. The AAO found that the petitioner's detailed job description and explanation of the complex projects the beneficiary would work on were sufficient to show that the duties are so specialized and complex that they require a bachelor's degree or its equivalent.

Criteria Discussed

Specialty Occupation Specialized And Complex Duties Bachelor'S Degree Requirement

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U.S. Citizenship 
and Immigration 
Services 
InRe: 6715122 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 20, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "senior product designer" 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. ยง 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 evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. On appeal, 
the Petitioner asserts that the Director erred and the evidence supports an approval of the petition. 
Upon de nova review, 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 for the proffered position and explained the type 
of complex project the Beneficiary will work on in the proffered position. 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)(l) of the Act, 8 U.S.C. ยง l 184(i)(l), and 8 C.F.R. ยง 214.2(h)(4)(ii). 
ORDER: The appeal is sustained. 
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