sustained
H-1B
sustained H-1B Case: Software Consulting
Decision Summary
The appeal was sustained because the petitioner provided sufficient new evidence on appeal. Specifically, they demonstrated that the professors who evaluated the beneficiary's qualifications had the necessary authority to grant college-level credit for training and experience, thus proving the beneficiary was qualified for the position.
Criteria Discussed
Beneficiary Qualifications Degree Equivalency
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U.S. Citizenship and Immigration Services MATTER OF 1-T-P-LTD. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 16, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software consulting service, seeks to temporarily employ the Beneficiary as a "senior security architect" under the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section101(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 California Service Center denied the petition, concluding that the Beneficiary is not qualified to perform the duties of the proffered position. On appeal, the Petitioner submits new evidence and asserts that the Director erred in her decision. Upon de nova review, we will sustain the appeal. Based on the new evidence submitted on appeal, we conclude that the Petitioner has demonstrated eligibility under 8 C.F.R. ยง 214.2(h)(4)(iii)(D)(l). That is, the Petitioner has submitted sufficient evidence to demonstrate that the professors who provided evaluations of the Beneficiary's qualifications have the necessary authority to grant college-level credit for training and/or experience in the specialty, and that the university in which they are employed is accredited and has a program for granting such credit based on an individual's training and/or work experience. ORDER: The appeal is sustained. Cite as Matter of I-T-P- Ltd., ID# 6196872 (AAO Sept. 16, 2019)
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