sustained H-1B Case: Risk Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 9596339 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAY 19, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "Manager, Risk Management" 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 Vermont 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 submits a 
brief asserting 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.' We review the questions in this matter de novo.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. § 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. § 214.2(h)(4)(iii)(A)(4) . The Petitioner provided a sufficiently detailed job description, 
explaining the Beneficiary's proposed work in risk management within the financial sector. The 
Petitioner supported the requirements for the proposed position with work product descriptions and 
documentation explaining the Beneficiary's role within Petitioner's structure. The Petitioner therefore 
established that the duties of the position require a baccalaureate or higher degree in a specific 
discipline, herein, finance or a business administration degree with concentration in directly related 
fields. 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. § 1184(i)(l), 8 C.F.R. § 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. § 214.2(h)(4)(iii)(C)(I). 
ORDER: The appeal is sustained. 
2