sustained
H-1B
sustained H-1B Case: Social Networking
Decision Summary
The initial denial was based on the conclusion that the Beneficiary was not qualified for the proffered position. The AAO sustained the appeal after a de novo review of the evidence, which included education documents and letters from professors, finding that the Beneficiary was indeed qualified for the specialty occupation.
Criteria Discussed
Beneficiary Qualifications
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U.S. Citizenship and Immigration Services In Re: 8850346 Appeal of California Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-IB) Non-Precedent Decision of the Administrative Appeals Office Date : MAR. 13, 2020 The Petitioner , a social networking company, seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 101(a)(15)(H)(i)(b) , 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-IB 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 California Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary is qualified for the proffered position. In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. Section 291 of the Act, 8 U.S.C. ยง 1361. Upon de nova review, we will sustain the appea l. After reviewing all of the evidence in support of the Beneficiary's qualifications, including education documents and letters from the Beneficiary's professors, we conclude it is more likely than not that she is qualified to perform the duties of the proffered position consistent with section 214(i)(2) of the Act and 8 C.F.R. ยง 214.2(h)(4)(iii)(C). ORDER: The appeal is sustained.
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