sustained
H-1B
sustained H-1B Case: Unknown
Decision Summary
The appeal was sustained because the AAO found that the petitioner successfully established the position as a specialty occupation. The petitioner provided a detailed job description and explanation showing that the duties are so specialized and complex that the knowledge required is usually associated with a bachelor's degree in a specific specialty, satisfying the regulatory criteria.
Criteria Discussed
Specialty Occupation Specialized And Complex Duties
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U.S. Citizenship and Immigration Services In Re : 3300709 Appeal of Vermont Service Center Decision Form I-129 , Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : APR. 22, 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)(15)(H)(i)(b), 8 U.S.C. ยง 110l(a)(15)(H)(i)(b). The Director of the Vermont Service Center denied the petition, concluding that the record did not establish that the proffered position qualifies as a specialty occupation. 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 and 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. Specifically, the Petitioner bas provided a detailed job description and explained why these duties, when performed within the context of its specific business operation, are specialized and complex. Therefore, the record satisfies the criterion at 8 C.F.R. ยง 214.2(b)(4)(iii)(A)(4). Moreover, though the Petitioner identified a range of degrees as acceptable for the proffered position that on its face may appear broad , the record of proceedings in this particular case establishes by a preponderance of the evidence that the knowledge associated with the proposed duties nonetheless constitutes a "body of highly specialized knowledge" such that attainment of one of those degrees would still constitute a degree "in the specific specialty" as contemplated by section 214(i)(l) of the Act. See Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). In sum, 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 . ยง 1184(i)(l), and 8 C.F.R. ยง 214.2(h)(4)(ii) . ORDER: The appeal is sustained.
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