sustained H-1B Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
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 .
Use this winning precedent in your petition
MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.
Build Your Winning Petition →No credit card required. Generate your first petition draft in minutes.