sustained H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 5623178 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR. 12, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimrnigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
101(a)(15)(H)(i)(b), 8 U.S .C. § 1101(a)(15)(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 evidence of 
record does 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 , we conclude that the particular position being offered to 
the Beneficiary qualifies for classification as a specialty occupation as the term is defined at section 
214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner has provided a detailed job 
description and established that these duties, when performed within the context of its specific business 
operations , are so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree , as required by the regulation at 
8 C.F.R . § 214.2(h)(4)(iii)(A)(4) . 
ORDER: The appeal is sustained .