sustained H-1B

sustained H-1B Case: Social Networking

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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