sustained H-1B Case: Product Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 8779607 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 17, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "product manager, Adobe Experience 
Platform" 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 California Service Center denied the petition, concluding that the record did not 
establish that that the position qualified as a specialty occupation under any of the criteria in 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). The matter is now before us on appeal. On appeal, the Petitioner asserts that 
the Director's decision was in error. In these proceedings, it is the Petitioner's burden to establish 
eligibility for the requested benefit by a preponderance of the evidence.1 We review the questions in 
this matter de nova. 2 Upon de nova review, we will sustain the appeal. 
The totality of the evidence establishes that the nature of the proffered position's specific duties is so 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of at least a bachelor's degree in a specific specialty. Our evaluation of the overall weight 
of the evidentiary record leads us to conclude that this case favors sustaining the appeal under the 
criterion found at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4) . Although the Petitioner initially provided a range 
of acceptable degrees to perform the duties, the Petitioner sufficiently refined its requirements and 
established that the knowledge attained from the degrees, more likely than not, comprise a body of 
highly specialized knowledge associated with a bachelor's degree in a specific specialty, directly 
related to the proffered position. Further, the record establishes that the Beneficiary is qualified to 
perform the duties of the proffered position. Finally, the Petitioner has provided a labor condition 
application that is commensurate with the specialized and complex duties and the Beneficiary's level 
of responsibility. 
ORDER : The appeal is sustained. 
1 Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015).