sustained H-1B Case: Property Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 8428329 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 30, 2020 
The Petitioner, a residential property management 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. § 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 Petitioner did 
not establish that the proffered position qualifies as a specialty occupation. 
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 , we conclude that the particular position 
being offered to the Beneficiary qualifies for classification as a specialty occupation as the term is 
defined at section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner has provided a 
detailed job description and established that these duties, when performed within the context of its 
specific business operations, are so specialized and complex that the knowledge required to perform 
them is usually associated with the attainment of a baccalaureate or higher degree, as required by the 
regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
ORDER: The appeal is sustained .