sustained H-1B Case: Supply Chain Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 8866317 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 29, 2020 
The Petitioner , a global skin and hair care product manufacturer and retailer , seeks to temporarily 
employ the Beneficiary as a "supply chain analyst " under the H-lB nonirnmigrant classification for 
specialty occupations . 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 require s 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 proffered position 
does not qualify as a specialty occupation. The matter is now before us on appeal. 
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). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015) . 
Upon de nova review , we conclude that the record , including information submitted on appeal , 
establishes that the particular position is so complex or unique that it can be performed only by an 
individual with a bachelor 's or higher degree in a specific specialty , or its equivalent. Specifically , 
the information in the record about the scope of the Petitioner's global operations and the Beneficiary's 
responsibilities in managing inventory depending on demands in specific regions and to support 
particular sales plans, events , and new product launches , describes the position in a level of complexity 
that can be performed only by an individual with a qualifying degree. Therefore , the record satisfies 
the criterion at 8 C.F.R. § 214 .2(h)(4)(iii)(A)(2) . Further , the Petitioner has established that the 
proffered position qualifie s 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). Additionally , the record establishes 
that the Beneficiary is qualified to perform the duties of the proffered position by holding a qualifying 
degree from an accredited college or university in the United States. See 8 C.F.R . § 214.2(h)(4)(iii)(C) . 
ORDER: The appeal is sustained .