sustained H-1B Case: Specialty Occupation

U.S. Citizenship 
and Immigration 
Services 
In Re: 8992240 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL Y 7, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(H)(i)(b) . 
The California Service Center Director denied the petition , concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation and the Beneficiary qualifies for the 
proffered position . On appeal, the Petitioner submits a brief and asserts that the Director erred and the 
Petitioner has established eligibility for this benefit. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence.' We review the questions in this matter de novo.2 Upon de nova 
review, we will sustain the appeal. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). Specifically , we conclude that the nature of the specific duties 
is so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent , as required by 
8 C.F.R. § 214.2(h)(4)(iii)(A)(4). The record includes a description of the job duties and explanation 
of the Beneficiary 's proposed work. The proposed duties, when reviewed within the context of the 
Petitioner's business operations , are sufficient to demonstrate that the duties of the position require a 
"body of highly specialized knowledge" attained through a precise and specific course of study that 
relates directly and closely to the proffered position. 
The totality of the record establishes that, more likely than not, the proffered position requires the 
theoretical and practical application of a body of highly specialized knowledge, and the attainment of a 
bachelor's or higher degree in the specific specialty or its equivalent. The Petitioner has established that 
the proffered position qualifies for classification as a specialty occupation as defined by section 214(i)(l) of 
the Act, 8 U.S.C. § 1184(i)(l), 8 C.F.R. § 214.2(h)(4)(ii), and (iii)(A)(4). Additionally , the record 
establishes that the Beneficiary is qualified to perform the duties of the proffered position by holding 
1 Section 291 of the Act; Matter ofCh awathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
a qualifying foreign degree determined to be equivalent to a U.S. bachelor's degree from an accredited 
college or university. Section 214(i)(2) of the Act; 8 C.F.R. § 214.2(h)(4)(iii)(C)(2). 
ORDER: The appeal is sustained. 
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