Our client is a citizen of China and was offered a position of a Business Analyst by a manufacturer of body armor safety products. We were happy that we did not have to go to court like other lawyers who had to previously challenge the flawed denial of H-1B petition for the same position. We submitted the court decision directing the USCIS to change status to H-1B and finding that the USCIS has failed to meet the fundamental threshold for rational decision making.
The Business Analyst analyzes sales trends, seasonal trends, inventory to provide insights on ways the business can drive sales and provides tools to the manufacturing, marketing and sales team to better project performance and highest areas of opportunity.
The position of Business Analyst is a specialty occupation as defined in section 214(i)(1) of the Immigration and Nationality Act and 8 CFR 214.2(h)(4)(ii)(A). It meets more than one of the four criteria in 8 CFR 214.2(h)(4)(iii). Under 8 CFR 214.2(h)(4)(iii), to qualify as a specialty occupation, the position must meet one of the following criteria:
(a) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
(b) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
(c) The employer normally requires a degree or its equivalent for the position; or
(d) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
In this case, we provided evidence that a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the position of Business Analyst, the degree requirement is common to the industry in parallel positions among similar organizations and the position of the Business Analyst is so complex or unique that it can be performed only by an individual with a degree.
Please note that this article does not constitute a legal advice. We simplified the law in order to outline the H-1B process. If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B visa.