sustained H-1B

sustained H-1B Case: Unknown

πŸ“… Date unknown πŸ‘€ Company πŸ“‚ Unknown

Decision Summary

The Director denied the petition after finding that the petitioner had not established that the proffered position qualifies as a specialty occupation. On a de novo review of the entire record, the AAO concluded that the totality of the evidence did establish the specialty occupation nature of the position. Therefore, the appeal was sustained and the petition was approved.

Criteria Discussed

Specialty Occupation

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View Full Decision Text
(b)(6)
DATE: JUL 3 1 2015 
IN RE: Petitioner: 
Beneficiary: 
PETITION RECEIPT#: 
U.S. Dep artm ent of liorneland St~curity 
U.S. Citizenship and Immigration Service 
Administrative Appe-als Ol'llct' 
20 l'vlassachusclls Ave .. N.W ... f'β€’IIS 2090 
Washington, DC 20529-2090 
US. Citizenship 
and Immigration 
Services 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(IS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. Β§ llOI(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
NO REPRESENTATIVE OF RECORD 
Enclosed is the non-precedent decision ofthe Administrative Appeals Office (AAO) for your case. 
Ron Rosen berg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Vetmont Service Center, denied the petition. The matter is now before 
the Administrative Appeals Office on appeal. The appeal will be sustained. 
The petitioner field a Petition for a Nonimmigrant Worker (Form I-129) 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, finding that the petitioner has not established that the proffered position qualifies as a 
specialty occupation. The petitioner submitted an appeal of the decision. 
We conduct appellate review on a de novo basis. See Soltane v . DOJ, 381 F.3d 143, 145 (3d Cir. 
2004). Based 
upon our review of the entire record of proceeding, we find that the petitioner has 
overcome the basis of the Director's denial. As the totality of the evidence presented in this record 
of proceeding establishes the specialty occupation nature of the particular position for which this 
petition was filed, the appeal will be sustained and the petition will be approved. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. Β§ 1361; Matter ofOti ende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. The Director's decision dated October 2, 2014 is withdrawn, 
and the petition is approved. 
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