sustained
H-1B
sustained H-1B Case: Software Technology
Decision Summary
The Director initially denied the petition, concluding that the Beneficiary was not qualified for the proffered role. Upon review, the AAO found that the position does qualify as a specialty occupation and that the Beneficiary is qualified to perform its duties. Consequently, the Director's decision was withdrawn and the appeal was sustained.
Criteria Discussed
Specialty Occupation Beneficiary'S Qualifications
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U.S. Citizenship and Immigration Services MATTER OF M- CORP. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 5, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software, services, and internet technologies company, seeks to temporarily employ the Beneficiary as a "program manager" under the H-1 B nonimrnigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 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 Beneficiary is not qualified to perform the duties of the proffered position. On appeal, the Petitioner asserts that the Director erred and the evidence supports an approval of the petition. Though not addressed by the Director, we have reviewed the entire record and conclude that the proffered position qualifies for classification as a specialty occupation pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). We conclude further that, pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(C)(2), the Beneficiary is qualified to perform the duties of this specialty occupation , and the Director's contrary determination is hereby withdrawn. ORDER: The appeal is sustained. Cite as Matter of M- Corp., ID# 4685770 (AAO Sept. 5, 2019)
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