sustained
H-1B
sustained H-1B Case: 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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(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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