sustained H-1B Case: Systems Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 11008583 
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 : DEC . 4, 2020 
The Petitioner , a health insurance provider, seeks to temporarily employ the Beneficiary as a "senior 
system analyst" under the H-lB nonimmigrant 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 
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 Decision denied the petition, concluding that the record 
did not establish that the proffered position qualifies as a specialty occupation. On appeal, the 
Petitioner asserts that the Director erred and submits additional evidence . 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence .1 We review the questions in this matter de nova. 2 Upon de nova 
review, we will sustain the appeal. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). Specifically, we find that the Petitioner normally requires a 
bachelor's degree in a specific specialty, or its equivalent, for the proffered position, as required by 
8 C.F.R. § 214.2(h)(4)(iii)(A)(3) . Further, the record establishes the Beneficiary is qualified to 
perform the duties of the proffered position under section 214(i)(2) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(J). 
ORDER: The appeal is sustained . 
1 See Section 291 of the Act; see also Matter ofChawathe , 25 I&N Dec. 369,375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) .