sustained H-1B

sustained H-1B Case: Ux Architecture

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Specialty Occupation Specialized And Complex Duties

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View Full Decision Text
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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