sustained H-1B Case: Specialty Occupation

MATTER OF M-.__I _ __. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 27, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , a.__ ______________ ___,company, seeks to temporarily employ 
the Beneficiary under the H-lB nonimrnigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 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 California Service Center Director denied the petition , concluding that the Petitioner had not 
established that the Beneficiary is qualified to perform the position . On appeal, the Petitioner submits 
a brief and additional documentation and asserts that the Director's decision was erroneous. 
In this matter , the record demonstrates that the proffered position is a specialty occupation . Our review 
of the Beneficiary's academic credentials, the opinions regarding the duties , the requirements 
necessary to perform those duties, and the documents submitted on appeal establish that the 
Beneficiary is qualified to perform the duties of the proffered position. The Petitioner has established 
that the Beneficiary's foreign degree is equivalent to a U.S. bachelor 's degree, and that it shares 
sufficient commonality with the degree required to perform the proffered position. The totality of the 
record establishes that, more likely than not, the Petitioner's particular 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) as a minimum for entering into the occupation 
in the United States. And further, that the Beneficiary's degree is directly related to the proffered position. 
The Beneficiary is academically qualified to perfonn the duties of the specialty occupation. 
ORDER: The appeal is sustained. 
Cite as Matter of M-0 ID# 6982452 (AAO Sept. 27, 2019)