sustained H-1B

sustained H-1B Case: Quantitative Research And Analysis

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Quantitative Research And Analysis

Decision Summary

The appeal was sustained because the AAO concluded that the petitioner successfully demonstrated the proffered position qualifies as a specialty occupation. The petitioner provided a sufficiently detailed description of the duties in quantitative research and analysis, establishing that the position is so specialized and complex that it requires a bachelor's degree or higher in a specific specialty.

Criteria Discussed

Specialty Occupation Beneficiary Qualifications Specialized And Complex Duties Requiring A Bachelor'S Degree

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U.S. Citizenship 
and Immigration 
Services 
In Re: 10546820 
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: OCT. 19, 2020 
The Petitioner seeks to temporarily employ the Beneficiary 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that 
the Director erred and the Petitioner has established eligibility for this benefit. 
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. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. ยง 214.2(h)(4)(ii) and (iii)(A). Specifically, we conclude 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, as required by 
8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4) . The Petitioner provided a sufficiently detailed description and 
explained the Beneficiary's proposed work in quantitative research and analysis. The supporting 
documentation establishes that the duties of the position required a baccalaureate or higher degree in 
a specific discipline, or its equivalent. The proposed duties, when reviewed within the context of the 
Petitioner's business operations, are sufficient to demonstrate that the duties of the position require a 
"body of highly specialized knowledge" attained through a precise and specific course of study that 
relates directly and closely to the proffered position. 
The totality of the record establishes that, more likely than not, the Petitioner's particular position 
requires the theoretical and practical application of a body of highly specialized knowledge, and the 
1 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
attainment of a bachelor's or higher degree in the specific specialty or its equivalent. 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 1184(i)(l), 8 C.F.R. ยง 214.2(h)(4)(ii), and (iii)(A)(4). Additionally, 
the record establishes that the Beneficiary is qualified to perform the duties of the proffered position 
by holding a qualifying degree from an accredited college or university in the United States. 
Section 214(i)(2) of the Act; 8 C.F.R. ยง 214.2(h)(4)(iii)(C)(I). 
ORDER: The appeal is sustained. 
2 
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