sustained H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 20031048 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR. 17, 2022 
The Petitioner seeks to employ the Beneficiary under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 110l(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 Vermont Service Center Director denied the Form 1-129, Petition for a Nonimmigrant Worker , 
concluding that the record did not establish that the Beneficiary is qualified for the proffered position. 
The matter is now before us on appeal. On appeal, the Petitioner submits a brief and asserts that the 
Director erred in denying the petition . 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 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, we will sustain the appeal. 
Based upon our review of the entire record of proceedings , we find that the Petitioner has overcome 
the basis of the Director's denial. In this matter, the record demonstrates that the proffered position is 
a specialty occupation . Our review of the Beneficiary's academic credentials , the opinions regarding 
the duties, the requirements necessary to perform those duties, and the documents submitted on appeal 
establishes that the Beneficiary is qualified to perform the duties of the proffered position. The totality 
of the record establishes , by a preponderance of the evidence , that the Petitioner's particular position 
requires the theoretical and practical application of a body of highly specialized knowledge , and the 
attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum 
for entering into the occupation in the United States. 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, 
and therefore satisfies the criterion at 8 C.F .R. § 2 l 4.2(h)( 4 )(iii)(A)( 4 ). Further , the Petitioner has 
established 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) . 
ORDER: The appeal is sustained.