sustained H-1B Case: Specialty Occupation

U.S. Citizenship 
and Immigration 
Services 
In Re: 8995894 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 28, 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 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. Specifically, the 
Petitioner has provided a detailed job description for the proffered position and explained the type of 
complex project the Beneficiary will work on in the proffered position. Therefore, the record satisfies 
the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). Further, the Petitioner has established that the 
proffered position qualifies for classification as a specialty occupation as defined by section 214(i)( 1) 
of the Act, 8 U.S.C. § 1184(i)(l), and 8 C.F.R. § 214.2(h)(4)(ii). 
ORDER: The appeal is sustained.