sustained H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 13010859 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 3, 2020 
The Petitioner seeks to temporarily 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 Director of the California Service Center denied the petition, concluding that the record did not 
establish that the position qualified as a specialty occupation under any of the criteria in 8 C.F.R. § 
214.2(h)(4)(iii)(A) . The matter is now before us on appeal. On appeal, the Petitioner asserts that the 
Director's decision was in error. In these proceedings, it is the Petitioner's burden to establish 
eligibility for the requested benefit by a preponderance of the evidence. 1 We review the questions in 
this matter de nova. 2 
The totality of the evidence, including the Petitioner's business operations, establishes that more likely 
than not the nature of the proffered position's specific duties is so specialized and complex that the 
knowledge required to perform them is usually associated with the attainment of at least a bachelor's 
degree ( or higher) in a specific specialty. The Petitioner has also established that the proffered position 
qualifies for classification as a specialty occupation as that term is defined by section 2 l 4(i)(l) of the 
Act, 8 U.S.C. § l 184(i)(l ), and 8 C.F.R. § 2 l 4.2(h)( 4)(i)(A)(l). Further , the Petitioner has provided 
a labor condition application that is commensurate with the specialized and complex duties and the 
Beneficiary's level of responsibility. Additionally, the record establishes that the Beneficiary is 
qualified to perform the services of this specialty occupation . 
ORDER: The appeal is sustained. 
1 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015).