sustained
H-1B
sustained H-1B Case: Unknown
Decision Summary
The appeal was sustained because the petitioner provided a detailed job description and explained the complex project the beneficiary would work on. This evidence was sufficient to establish that the nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree or higher in a specific specialty.
Criteria Discussed
8 C.F.R. ยง 214.2(H)(4)(Iii)(A)(4)
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U.S. Citizenship and Immigration Services In Re : 8293764 Appeal of Vermont Service Center Decision Form I-129, Petition for Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : MAY 29, 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 for the proffered position and explained the type of complex project the Beneficiary will work on in the proffered position. Therefore, the record satisfies the criterion at 8 C.F.R. ยง 214 .2(h)( 4 )(iii)(A)( 4). Further, the Petitioner has established that the proffered position qualifies for classification as a specialty occupation as defined by section 2 l 4(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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