sustained
H-1B
sustained H-1B Case: Specialty Occupation
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated that the position's duties are so specialized and complex that they require knowledge typically associated with a bachelor's degree or higher in a specific specialty. The petitioner provided a detailed job description that, within the context of its business operations, established the role met the specialty occupation requirements.
Criteria Discussed
Position Qualifies As A Specialty Occupation Duties Are Specialized And Complex (8 C.F.R. ยง 214.2(H)(4)(Iii)(A)(4)) Beneficiary'S Qualifications
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U.S. Citizenship and Immigration Services In Re: 6627779 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. 5, 2020 The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. ยง l 10l(a)(l5)(H)(i)(b). The Director of the California Service Center denied the petition, concluding that the record did not establish that the proffered position qualifies as a specialty occupation. Upon de nova review, we will sustain the appeal. Based upon our review of the entire record of proceedings, we find that the Petitioner has overcome the basis of the Director's denial and conclude that the record establishes 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. ยง 214.2(h)( 4)(iii)(A)( 4). Specifically, the Petitioner has provided a detailed job description and explained why these duties, when performed within the context of its specific business operation, are specialized and complex. Moreover, though the Petitioner identified a range of degrees as acceptable for the proffered position that on its face may appear broad, the record of proceedings in this particular case establishes by a preponderance of the evidence that the knowledge associated with the proposed duties nonetheless constitutes a "body of highly specialized knowledge" such that attainment of one of those degrees would still constitute a degree "in the specific specialty'' as contemplated by section 214(i)(l) of the Act. See Matter of Chawathe, 25 I&NDec. 369,376 (AAO 2010). Further, our review of the Beneficiary's academic credentials and the requirements necessary to perform the stated duties further establishes that the Beneficiary is qualified to perform the duties of the proffered position. Therefore, the record satisfies the criterion at 8 C.F.R. ยง 214.2(h)(4)(iii)(A)(4). Finally, 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. ยง l 184(i)(l), and 8 C.F.R. ยง 214.2(h)(4)(ii). ORDER: The appeal is sustained.
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