sustained H-1B

sustained H-1B Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The Director initially denied the petition, concluding the beneficiary was not qualified for the specialty occupation position. The appeal was sustained because on de novo review, the AAO found that the evidence established the beneficiary's foreign degree and coursework were equivalent to a U.S. baccalaureate or higher degree, meeting the qualification requirements.

Criteria Discussed

Beneficiary Qualifications Foreign Degree Equivalency

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 7933571 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 13, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant classification 
for specialty occupations. See Immigration and Nationality Act section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). 
The Director of the Vermont Service Center denied the petition, concluding that the Beneficiary is not 
qualified to perform the duties of the proffered position. On appeal, the Petitioner submits additional 
evidence and asserts that the Director erred . 
Upon de nova review , we conclude that the record, including information submitted on appeal, 
establishes that the Beneficiary is qualified for the position . Specifically, the record establishes that 
the Beneficiary's particular foreign degree, and its corresponding coursework, is equivalent to a United 
States baccalaureate or higher degree required by the specialty occupation from an accredited college 
or university , as provided at 8 C.F.R. § 214.2(h)(4)(iii)(C)(2) . 
ORDER: The appeal is sustained.

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