sustained H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 10138494 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 14, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
classification for specialty occupations.1 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts that 
the Director erred and the Petitioner has established eligibility for this benefit. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. 2 We review the questions in this matter de nova. 3 Upon de nova 
review, we will sustain the appeal. 
In this matter, the record demonstrates that the proffered position is a specialty occupation under 
8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). Specifically, we conclude that the Petitioner has established 
that its particular position is so complex or unique that it can be performed only by an individual with 
a degree in a specific specialty, or its equivalent, as required by 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). The 
record includes a description of the Petitioner's business and an explanation of the Beneficiary's 
proposed work. The proffered position, when reviewed within the context of the Petitioner's business 
operations, are sufficient to demonstrate that the complexity or uniqueness of the position requires a 
"body of highly specialized knowledge" attained through a precise and specific course of study that 
relates directly and closely to the proffered position. 
The totality of the record establishes that, more likely than not, the Petitioner's particular position 
requires the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a bachelor's or higher degree in the specific specialty or its equivalent. The Petitioner has 
established that the proffered position qualifies for classification as a specialty occupation as defined by 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(15)(H)(i)(b) . 
2 Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
section 214(i)(1) of the Act, 8 U.S.C. § 1184(i)(1), 8 C.F.R. § 214.2(h)(4)(ii), and (iii)(A)(2). Additionally, 
the record establishes that the Beneficiary is qualified to perform the duties of the proffered position 
by holding a qualifying degree from an accredited college or university in the United States.4 
ORDER: The appeal is sustained. 
4 See Section 214(i)(2) of the Act; 8 C.F.R. § 214.2(h)(4)(iii)(C)(1). 
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