sustained
H-1B
sustained H-1B Case: Unknown
Decision Summary
The director initially denied the petition, concluding that the evidence did not establish that the beneficiary was qualified to perform the duties of the specialty occupation. On appeal, the AAO reviewed the entire record and found the petitioner had overcome this ground for denial, leading to the appeal being sustained and the petition approved.
Criteria Discussed
Beneficiary Qualifications
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(b)(6) U.S. Department of Homeland Security U.S. Citizenship and Imm igration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services DATE: MAR 3 1 2015 OFFICE: CALIFORNIA SERVICE CENTER FILE: INRE: Petitioner: Beneficiary: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. Β§ 110 l(a)(15)(H)(i)(b) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a nonΒ precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. n Rosenberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The service center director denied the nonimmigrant visa petition, and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be approved. On the Petition for a Nonimmigrant Worker (Form I-129), the petitioner describes itself as a limited liability corporation that was established in . The petitioner seeks to employ the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. Β§ 1101(a)(15)(H)(i)(b). The director denied the petition, concluding that the evidence of record did not establish that the beneficiary is qualified to perform the duties of the specialty occupation position. The record of proceeding before us contains the following: (1) the Form I-129 and supporting documentation; (2) the director's request for evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's decision; and (5) the Notice of Appeal or Motion (Form I-290B) and supporting documentation. We reviewed the entire record of proceeding, including the evidence supplementing .the appeal, and find that the petitioner has overcome the director's ground for denying this petition. In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. Β§ 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, the petitioner has sustained that burden. ORDER: The director's decision dated June 27, 2014 is withdrawn. The appeal is sustained and the petition is approved.
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