sustained H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 19, 2024 In Re: 35014762 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant classification 
for specialty occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b) , 
8 U.S.C. § l 10l(a)(l5)(H)(i)(b) . The H-IB program allows a U.S. employer to file a petition with U.S. 
Citizenship and Immigration Services 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 California Service Center Director denied the Form 1-129, Petition for a Nonimmigrant Worker 
(petition), concluding that the record did not establish that the offered position qualified as a specialty 
occupation. The Director further decided the record lacked evidence demonstrating the Beneficiary 
was qualified to occupy 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 ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the questions in this 
matter de novo. Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo 
review, we will sustain the appeal. 
Though the Petitioner identified a range of degrees as acceptable for the offered position that on its 
face may appear broad, the record of proceeding in this particular case preponderantly establishes how 
each field is directly related to the duties and responsibilities of the particular position. Moreover, the 
totality of the evidence establishes that the Beneficiary is qualified to perform the duties of the offered 
position. 
We 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. The Petitioner's position 
description, when reviewed within the broader context of its operations, depicts one that includes 
duties sufficiently complex that a qualifying degree would be required to perform them. 
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 offered 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). The record 
demonstrates that the Beneficiary possesses a qualifying bachelor's degree as well as a U.S. master's 
degree, so she is qualified to perform the duties of this specialty occupation. 
ORDER: The appeal is sustained. 
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