sustained H-1B Case: Securities And Trading
Decision Summary
The appeal was sustained because the AAO concluded the proffered position qualifies as a specialty occupation. The AAO found that the specific duties are so specialized and complex that the knowledge required is usually associated with a bachelor's degree in a specific specialty. Even though a range of degrees were identified as acceptable, the record established how each field was directly related to the position's duties.
Criteria Discussed
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U.S. Citizenship and Immigration Services In Re: 5411806 Appeal of Vermont Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : JAN. 23, 2020 The Petitioner, a securities and trading firm, 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 proffered position did not qualify as a specialty occupation . On appeal, the Petitioner asserts that the Director erred and the evidence supports an approval of the petition. 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's position description, when reviewed within the broader context of its operations, depicts a position that includes duties sufficiently complex that a qualifying degree would be required to perfonn them . Though the Petitioner identified a range of degrees as acceptable for the proffered position that on its face may appear broad, the record of proceedings in this particular case preponderantly establishes how each field is directly related to the duties and responsibilities of the particular position such that the required body of highly specialized knowledge is essentially a "blending" of these different specialties. Moreover, the totality of the evidence establishes that the Beneficiary is qualified to perform the duties of the proffered position. 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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