sustained H-1B Case: Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF U-T- , INC . 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 13, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , a technology company, seeks to temporarily employ the Beneficiary as a "senior 
technical business analyst" under the H-lB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b) , 8 U.S.C. § l 10l(a)(l5)(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 California Service Center denied the petition , concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. On appeal , the Petitioner 
submits evidence and asserts that the Director erred in denying the petition. 
Based upon our review of the record , we find that the Petitioner has overcome the basis of the 
Director's denial. The Petitioner has provided a detailed job description for the proffered position and 
explained why these duties , when performed within the context of its specific business operation , are 
specialized and complex. Specifically , we find 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 baccalaureate or higher degree in a specific specialty, or its equivalent , as required by 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)( 4). Further , the Petitioner has established , by a preponderance of the evidence , 
that the proffered position qualifies for classification as a specialty occupation as defined by section 
214(i)(l) 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. 
ORDER: The appeal is sustained . 
Cite as Matter ofU-T- , Inc., ID# 4427755 (AAO Sept. 13, 2019)