sustained H-1B Case: Unspecified Specialty

U.S. Citizenship 
and Immigration 
Services 
In Re : 8640251 
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 . 23, 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 
101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(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 Vermont Service Center denied the petition , concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369 , 375 (AAO 2010). Upon de nova 
review , we will sustain the appeal. 1 
While the Petitioner did not provide the practice group within which the Beneficiary would work , it 
did provide credible, detailed descriptions of both the proffered position ' s duties and the type of 
projects he may work on, which align with the requirements for the position . When reviewed within 
the context of the Petitioner's business operations , the evidence ofrecord is sufficient to demonstrate 
that this Beneficiary's work would in fact involve 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 evidence of record therefore establishes that the proffered 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. It 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). It also 
establishes that the position is so complex or unique that it can only be performed by an individual with a 
bachelor's degree in a specific specialty, or the equivalent, and it therefore also satisfies 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
1 We review the questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
ORDER: The appeal is sustained. 
2