sustained H-1B

sustained H-1B Case: Securities And Trading

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Specialty Occupation 8 C.F.R. ยง 214.2(H)(4)(Iii)(A)(4)

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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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