sustained H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 6758113 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-IB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 8, 2020 
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 
101(a)(15)(H)(i)(b), 8 U.S.C. § 110l(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 California Service Center denied the petition, concluding that the Petitioner did 
not establish that the Beneficiary is qualified for the proffered position, and dismissed a subsequently 
filed motion to reopen and motion to reconsider. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. 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 denials. 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 
Petitioner has established that the Beneficiary's foreign degree is equivalent to a U.S. bachelor's 
degree, and that it shares sufficient commonality with the degrees required to perform 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. And further, that the Beneficiary's 
degree is directly related to the proffered position. The Beneficiary is academically qualified to perform 
the duties of the specialty occupation. 
ORDER: The appeal is sustained .