sustained
H-1B
sustained H-1B Case: Social Networking
Decision Summary
The Director initially denied the petition, concluding that the Beneficiary was not qualified for the proffered position. Upon de novo review, the AAO examined the Beneficiary's qualifications, including educational documents, and determined that it was more likely than not that he was qualified to perform the duties of the position, leading to the appeal being sustained.
Criteria Discussed
Beneficiary'S Qualifications
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U.S. Citizenship and Immigration Services In Re: 8792967 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 the evidence in support of the Beneficiary's qualifications, including all of his education documents, we conclude it is more likely than not that he 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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