sustained H-1B

sustained H-1B Case: Research And Analysis

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

Decision Summary

The appeal was sustained because the petitioner established that the proffered position's duties are so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree in an analytical field like mathematics or statistics. The petitioner provided a detailed job description and an explanation that satisfied the specialty occupation requirements under 8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4).

Criteria Discussed

Specialty Occupation Specialized And Complex Duties

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U.S. Citizenship 
and Immigration 
Services 
In Re : 7814054 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR. 13, 2020 
The Petitioner , an institutional research and analysis company , 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 Director of the Vermont Service Center denied the petition , concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. 
On appeal , the Petitioner submits a brief and asserts that the Director erred in denying the petition. 
Upon de nova review , we will sustain the appeal. 
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 and explained why the duties are specialized and 
complex. The Petitioner has also established that the duties require specialized knowledge usually 
associated with a bachelor's or higher degree that concentrates in an analytical field such as 
mathematics or stat1st1cs. 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 1184(i)(l) , and 8 C.F.R. ยง 214 .2(h)(4)(ii). 
ORDER: The appeal is sustained . 
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