sustained H-1B Case: Ux Architecture
Decision Summary
The Director initially denied the petition, concluding the proffered position of UX Architect did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the petitioner provided a detailed job description establishing that the duties are so specialized and complex within its specific business operations that a bachelor's degree is required, thus meeting the specialty occupation criteria.
Criteria Discussed
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U.S. Citizenship and Immigration Services In Re: 5454783 Appeal of California Service Center Decision Form I-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 15, 2020 The Petitioner, a geographic information system technology design and development company, seeks to temporarily employ the Beneficiary as a "UX Architect" under the H-lB nonimmigrant classification for specialty occupations. Immigration and Nationality Act section 101 ( a)( 15)(H)(i)(b ), 8 U.S.C. ยง 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 proffered position did not qualify 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. ยง 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. ยง 214.2(h)(4)(iii)(A)(4). ORDER: The appeal is sustained.
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