sustained H-1B Case: Specialty Occupation

U.S. Citizenship 
and Immigration 
Services 
In Re: 9002235 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 23, 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 
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 Director of the Vermont Service Center denied the petition , concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). Upon de nova 
review, we will sustain the appeal.1 
In this matter, the Petitioner has provided credible, detailed descriptions of both the duties the 
Beneficiary would perform and the types of projects upon which he would work. When reviewed 
within the context of the Petitioner's business operations, we conclude that it is more likely than not 
that the proffered position is so complex that it can be performed only by an individual with at least a 
bachelor's degree in a specific field of study or its equivalent. 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). The 
Petitioner has also established that the position satisfies the statutory definition of a specialty 
occupation found within section 214(i)(l) of the Act. 
ORDER: The appeal is sustained. 
1 We review the questions in this matter de nova. See Matter of Chri sta's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015).