sustained H-1B Case: Strategic Consulting

MATTER OF K-A-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 26,2016 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a strategic consulting firm, seeks to temporarily employ the Beneficiary as an 
"analyst" under the H -1 B 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, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner had not demonstrated that the proffered position qualifies as a specialty occupation 
position. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the proffered position is a specialty occupation. Upon de novo review, we will sustain 
the appeal. 
Specifically, the totality of evidence now establishes that the Petitioner normally requires a 
bachelor's degree in a specific specialty, or its equivalent, for the position. Therefore, we conclude 
that the evidence of record satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). Further, the 
Petitioner has also established that the proffered position otherwise qualifies for classification as a 
specialty occupation as defined by section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of K-A -, Inc., ID# 124904 (AAO Sept. 26, 20 16)