dismissed H-1B Case: Agribusiness

U.S. Citizenship 
and Immigration 
Services 
MATTER OF V-F- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. ~5, 2016 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a farmland investment company and distributor of vegetables and farm products, seeks 
to temporarily employ the Beneficiary as an operations manager 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)(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, Vermont Service Center, denied the petition. The Director concluded the Petitioner 
did not establish that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred in denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non-
) 
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position .) 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter ofV-F-LLC 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
par~icular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-lB petition, the Petitioner stated that the Beneficiary will serve as an "Operations 
Manager." In response to the Director's request for evidence (RFE), the Petitioner provided the 
following job duties for the proffered position: 
Plan and direct company business operations by setting forth short term and long term 
goals using company budget, finance, sales data, and market research information. 
Beneficiary is required to perform her own research online and real life sales data and 
statistics to determine market trend changes in market demand. Beneficiary will use 
company sales statistics to form and plan for company business objectives. For 
example, beneficiary is expected to research, evaluate and plan for product lines and 
geographical marketing target based on possible changes in demand, weather and 
pncmg. Beneficiary is expected to be able to forecast on upcoming season's 
vegetables growing preferences and variety, which requires pre-existing knowledge in 
business and financ!! as well as extensive research and experience on produce 
growing in Northeast United States. All these duties will take about 20 hours of 
Beneficiary's normal40 hour weekly work load. 
_/ 
Beneficiary will supervise work of subordinate managers, including sales manager, 
marketing manager and accounting manager. Beneficiary will use sales data based on 
own research and data gathered by sales manager to determine products and pricing 
2 
(b)(6)
Matter ofV-F- LLC 
based on geographical preferences. For example, same product will price differently 
in as compared to because of different geographical 
consumer groups and demands with different competitors. Beneficiary will use 
online research . and actual sales data as well as market information gathered by 
marketing manager to set marketing targets on both current and potential new 
customers. Beneficiary will set forth guideline for marketing managers to penetrate 
potential new customers in various geographical areas. Beneficiary will base on 
analysis selectively aim at certain supermarkets, restaurants, grocery stores and 
wholesale and distributors of fresh produce to expand company sales territory. To 
accomplish these duties, beneficiary will need about 20 to 25 hours of her normal 
weekly work load. 
In addition, beneficiary will regularly review and supervise company's accounting 
and finance to maintain company within budget and expenditure. This function will 
take about 2 hours of beneficiary's work load. 
The Petitioner further stated that the position requires "experience in personnel management" and 
indicated that the individual filling this position must have a "Master's Degree specializing in 
leadership, management or finance." 
Ill. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, . we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
As a preliminary matter, we find that the evidence of the Petitioner's operations and the 
Beneficiary's stated duties undermines the Petitioner's assertion that the Beneficiary will be 
primarily performing the duties of a general and operations manager. In: the Form 1-129, the 
Petitioner stated that it had been in operation since 2014 and indicated that it had 12 employees as of 
the date of the petition on April 11, 2016. In contrast, the Petitioner submitted an IRS Form 941 
quarterly wage report for the fourth quarter of 2015 reflecting that the company had only two 
employees and that it had paid $38,500 in wages and salaries during that quarter. Likewise, a New 
Jersey Employer's Quarterly Wage Report for the fourth quarter of 2015 also reflected that the 
Petitioner had only 
two employees by the end of 2015. In the Beneficiary's duty description, the 
Petitioner stated that the Beneficiary would be tasked with supervising and directing subordinate 
managers, including a sales manager, marketing manager, and accounting manager. This 
1 
Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 
The Petitioner submitted documentation to support the H-lB petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 
\ 
Matter ofV-F-LLC 
responsibility for overs~eing subordinate managers suggests that these managers would also have 
subordinates of their own performing the operational duties of the business. However, the submitted 
evidence indicates that the Petitioner has only two employees, contradicting its assertion that the 
Beneficiary oversees three managers and leaving doubt as to whether the company has sufficient 
operational employees to support the Beneficiary as an operations manager. These discrepancies 
leaves significant question as to whether the Beneficiary will principally act as an operations 
manager as asserted in his duty description. The Petitioner has not resolved these inconsistencies 
with independent, objective evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 
582, 591-92 (BIA 1988). 
While no provision in the law for specialty occupations permits the performance of non-qualifying 
duties, we will view the performan<;e of duties that are incidental to the primary duties of the 
proffered position as acceptable when they are unpredictable, intermittent, and of~ a minor 
nature. Anything beyond such incidental duties, however, e.g., predictable, . recurring, and 
substantive job responsibilities, must be specialty occupation duties or the proffered position as a 
whole cannot be approved as a specialty occupation. · Assuming, arguendo, that the proffered 
position is in fact a general and operations manager position, however, we will nevertheless perform 
a complete specialty occupation analysis under each of the four, alternative criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
A. First Criterion 
Now, we turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry into the particular position. To inform this inquiry, we recognize the U.S. 
Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) as an authoritative source 
on the duties and educational requirements of the wide variety of occupations that it addresses.4 
On the labor condition application (LCA) submitted in support of the H-1B petition, the Petitioner 
. designated the proffered position under the occupational category "General and Operations 
Managers" corresponding to the Standard Occupational Classification code 11-1021.5 The 
3 The two definitions of "incidental" in Webster's New College Dictionary are "1. Occurring or apt to occur as an 
unpredictable or minor concomitant ... [and) 2. Of a minor, casual, or subordinate nature.~ .. " Incidental, Webster's 
New College Dictionary (3rd ed. 2008). 
4 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
5 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
4 
Matter ofV-F- LLC 
Handbook discusses general and operations managers in its Top Executives chapter. The Handbook 
states the following about the educational requirements of top executive positions, including general 
and operational manager positions: 
Education 
Many top executives have a bachelor's or master's degree in business administration 
or in an area related to their field of work. Top executives in the public sector often 
have a degree in business administration, public administration, law, or the liberal 
arts. Top executives of large corporations often have a master's degree in business 
administration (MBA). 
College presidents and school superintendents are typically have a master's degree, 
although a doctorate is often preferred. 
Although many mayors, governors, or other public sector executives have at least a 
bachelor's degree, these positions typically do not have any specific education 
requirements. · 
Work Experience in a Related Occupation 
Many top executives advance within their own firm, moving up from lower level 
managerial or supervisory positions. However, other companies may prefer to hire 
qualified candidates from outside their organization. Top executives who are 
promoted from lower level positions may be able to substitute experience for 
education to move up in the company. For example, in industries such as retail trade 
or transportation, workers without a college degree may work their way up to higher 
levels within the company to become executives or general managers. 
Chief executives typically need extensive managerial experience. Executives are also 
expected to have experience in the organization's area of specialty. Most general and 
operations managers hired from outside an organization need lower level supervisory 
or management experience in a related field. 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (1) that 
the Beneficiary will be expected to perform routine tasks that require limited, if any, exercise of judgment; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://flcdatacenter.com/download/NPWHC _Guidance_ Revised _11_ 2009.pdf. A prevailing wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. Ia. 
5 
Matter of V-F- LLC 
Some general managers advance to higher level managerial or executive positions. 
Company training programs, executive development programs, and certification can 
often benefit managers or executives hoping to advance. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Top Executives," http://www.bls.gov/ooh/management/top-executives.htm#tab-4 (last visited Nov. 
29, 2016). 
The Handbook does not indicate that a bachelor's degree or the equivalent, in a specific specialty, is 
normally required for entry into a top executive position. Instead, the Handbook finds that these 
positions generally impose no specific degree requirement on individuals seeking employment. The 
statement that "many" top executives, which category includes general and operations managers, have 
college degrees is not synonymous with the "normal[] minimum requirement" standard imposed by this 
criterion. To the contrary, such a statement does not even necessarily indicate that a majority of top 
executives possess such a degree. While the Handbook indicates that top management positions may be 
filled by individuals with a broad range of degrees, its subsequent discussion of the training and 
education necessary for such employment clearly states that companies also hire executives based on 
lower-level experience within their own organizations or management experience with another 
business. Moreover, the Handbook does not state that those positions which do require a bachelor's 
degree or the equivalent require that the degree be in a specific specialty. 
In fact, the Petitioner acknowledges this, stating in its support letter that one would be qualified for the 
proffered position based on a number of specific specialties, including leadership, management, and 
finance. However, a petitioner must demonstrate that the proffered position requires a precise and 
specific course of study that relates directly and closely to the position in question. Since there must 
be a close correlation between the required "body of highly specialized knowledge" and the position, 
however, a minimum entry requirement of a degree in two disparate fields, such as leadership and 
finance, would not meet the statutory requirement that the degree be "in the specific specialty (or its 
equivalent)," unless the Petitioner establishes how each field is directly related to the duties and 
responsibilities of the particular position such that the required "body of highly specialized 
knowledge" is essentially an amalgamation of these different specialties.· Section 214(i)(1)(B) of the 
Act (emphasis added). 
In certain instances, the Handbook is not determinative. When the Handbook does not support the 
proposition that a proffered position is one that meets the statutory and regulatory provisions of a 
specialty occupation, it is incumbent upon the Petitioner to provide persuasive evidence that the 
proffered position more likely than not satisfies this or one of the other three criteria, 
notwithstanding the absence of the Handbook's support on the issue. In such case, it is the 
Petitioner's responsibility to provide probative evidence (e.g., documentation from other objective, 
authoritative sources) that supports a finding that the particular position in question qualifies as a 
specialty occupation. -
Hhe, the Petitioner references the Occupational Information Network (O*NET) and contends that 
general and operations manager positions require a minimum of a bachelor's degree. Contrary to the 
6 
(b)(6)
Matter of V-F- LLC 
assertions of the Petitioner, O*NET OnLine does not state a requirement for a b~chelor's degree for 
this occupation. Rather, it assigns this occupation a Job Zone "Four" rating,' grouping it among 
occupations for which "most ... require a four-year bachelor's degree, but some do not." O*NET 
OnLine does not indicate that four-year bachelor's degrees required by Job Zone Four occupations 
must be in a specific specialty 
directly related to the occupation. Therefore, O*NET OnLine 
informatiqn is not probative of the proffered position being a specialty occupation. 
Furthermore, the Petitioner has submitted a occupation description of business 
operations managers indicateing in "required education" that the occupation requires a "bachelor's 
degree in [a] business-related field." First, we are not aware of the source of information in the 
referenced website and the Petitioner provides no evidence to substantiate the website's information. 
Further, the Petitioner's assertion that business operations managers require a bachelor's degree in 
business does not support a conclusion that the proffered position requires a bachelor's degree in a 
specific specialty. Even if establishecj by the evidence of record, the requirement of a bachelor's 
degree in business or business administration is inadequate to establish that a position qualifies as a 
specialty occupation. A petitioner must demonstrate that the proffered position requires a precise 
and specific course of study that relates directly and closely to the position in question. Since there 
must be a close correlation between the required specialized studies and the position, the 
requirement of a degree with a generalized title, such as a "business related field," without further 
specification, does not establish. the position as a specialty occupation. Cf Matter of Michael Hertz. 
Assocs., 19 I&N Dec. 558,560 (Comm'r 1988). 
In addition to demonstrating that a job requires the theoretical and practical application of a body of 
specialized knowledge as required by section 214(i)(l) of the Act, a petitioner must also establish 
that the position requires the attainment of a bachelor's or higher degree in a specialized field of 
study or its equivalent. As explained above, USCIS interprets 8 C.F.R. § 214.2(h)(4)(iii)(A) as 
requiring a degree in a specific specialty that is directly related to the proposed position. USCIS has 
consistently stated that, although a general-purpose bachelor's degree, such as a degree in business, 
may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will 
not justify a finding that a particular position qualifies for classification as a specialty occupation. 
Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007). 
Thus, the Petitioner has not 
satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. Second Criterion 
The second .criterion presents two, alternative prongs: "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[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
7 
Matter of V-F- LLC 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. This prong 
alternatively calls for a petitioner to establish that a requirement of a bachelor's or higher degree in a 
specific specialty, or its equivalent, is common for positions that are identifiable as being (1) in the 
petitioner's industry, (2) parallel to the proffered position, and also (3) located in organizations that 
are similar to the petitioner. 
As stated earlier, in determining whether there is such a common degree requirement, factors often 
considered by USCIS include: whether the Handbook reports that the industry requires a degree; 
whether the industry's professional association has made a degree a minimum entry requirement; and 
whether letters or affidavits from firms or individuals in the industry attest that such firms "routinely 
employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. 
Minn. 1999) (quotingHirdiBlaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here, as previously discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative sources) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. The Petitioner states that USCIS has "consistently 
granted H -lB[ s] for Operations Managers in [a J similar industry like supermarket stores." However, 
the Petitioner does not reference or document these instances of approval and has not compared the 
facts of these asserted approvals to the facts of the current matter to demonstrate their similarity. 
There are no submissions from the industry'·s professional association indicating that it has made a 
degree a minimum entry requirement. Furthermore, the Petitioner did not submit any letters or 
affidavits from similar firms or individuals in the Petitioner's industry attesting that such firms 
"routinely employ and recruit only degreed individuals." The Petitioner also did not provide any 
objective evidence to establish that a bachelor's degree in a specific specialty is required for similar 
general and operations manager positions.in its industry. A petitioner's unsupported statements are 
of very limited weight and normally will be insufficient to carry its burden of proof, particularly 
when supporting documentary evidence would reasonably be available. See Matter of Soffici, 22 
I&N Dec. 158, 165 (Comm'r 1998) (citing Matter of Treasure Craft of Cal., 14 I&N Dec. 190 
(Reg'l Comm'r 1972)); see also Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). The 
Petitioner must support its assertions with relevant, probative, and credible evidence. See Matter of 
Chawathe, 25 I&N Dec. at 376. 
Thus, the Petitioner has not satisfied the first alternative prong of 8 C.P.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
8 
Matter ofV-F- LLC 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
The Petitioner also does not satisfy the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), 
which provides that "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." To begin with and as discussed 
previously, the Petitioner itself does not require at least a baccalaureate degree in a specific 
specialty, or its equivalent. Furthermore, the record does not sufficiently develop relative 
complexity or uniqueness as an aspect of the proffered position of a general and operations manager. 
In support of its assertion that the proffered position qualifies as a specialty occupation, the 
Petitioner submitted descriptions of the proffered position. However, as noted previously, the 
Petitioner designated the proffered position as an entry-level position within the occupational 
category by selecting a Level I wage. This designation, when read in combination with the 
Petitioner's job descriptions and the Handbook's account of the requirements for this occupation, 
further suggests that the particular position is not so complex or unique that the duties can only be 
performed by an individual with bachelor's degree or higher in a specific specialty, or its equivalent. 
The Petitioner does not demonstrate how the duties of the general and operations manager position 
require the theoretical and practical application of a body of highly specialized knowledge such that 
a bachelor's or higher degree in a specific specialty, or its equivalent, is required to perform them. 
The Petitioner highlights certain courses the Beneficiary took while receiving a bachelor's in 
leadership, such as "Business Law I," "Finance Basics for Managers," "Principles on Economic 
Investment," and "Business Ethics." While such courses may be beneficial, or even essential, in 
performing certain duties of a general and operations manager, the Petitioner has not demonstrated 
how an established curriculum of such courses leading to a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is required to perform the duties of the proffered position.6 
The evidence of record does not establish that this position is significantly different from other 
general and operations manager positions such that it refutes the Handbook's information to the 
effect that there is a spectrum of preferred degrees acceptable for general and operations manager 
positions, including degrees not in a specific specialty. In other words, the record lacks sufficiently 
detailed information to distinguish the proffered position as unique from or more complex than other 
general and operations managers or other closely related positions that can be performed by persons 
without at least a bachelor's degree in a specific specialty, or its equivalent. 
6 users is required to follow long-standing legal standards and determine first, whether the proffered position qualifies 
for classification as a specialty occupation, and second, whether the Beneficiary was qualified for the position at the time 
the nonimmigrant visa petition was filed. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988) 
("The facts of a beneficiary's background only come at issue after it is found that the position in which the petitioner 
intends to employ him falls within [a specialty occupation]."). The Beneficiary's specific coursework is irrelevant to a 
finding of whether the proffered position qualifies as a specialty occupation. 
9 
Matter ofV-F- LLC 
Therefore, it cannot be concluded that the Petitioner has satisfied the second alternative prong of 8 
C.P.R.§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.P.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
To satisfy this criterion, the record must establish that the specific performance requirements of the 
position generated the recruiting and hiring history. A petitioner's reference to the Beneficiary's 
particular education will not mask the fact that the position is not a specialty occupation. users 
must examine the actual employment requirements and, on the basis of that examination, determine 
whether the position qualifies as a specialty occupation. See generally Defensor v. Meissner, 201 
P.3d 38~. In this pursuit, the critical element is not the title of the position, or the fact that an 
employer has routinely insisted on certain educational standards, but whether performance of the 
position actually requires the theoretical and practical application of a body of highly specialized 
knowledge, and the attainment of a baccalaureate or higher degree in the specific specialty, or its 
equivalent, as the minimum for entry into the occupation as required by section 214(i)(l) of the Act. 
According to the Court in Defensor, "To interpret the regulations any other way would lead to an 
absurd result.;, Id. at 388. If USCIS were constrained to recognize a specialty occupation merely 
because the petitioner has an established practice of demanding certain educational requirements for 
the proffered position - and without consideration of how a beneficiary is to be specifically 
employed - then any beneficiary with a bachelor's degree in a specific specialty could be brought 
into the United States to perform non-specialty occupations, so long as the employer required all 
such employees to have baccalaureate or higher degrees., See id. 
However, here, the Petitioner has not submitted any evidence to substantiate that it required a 
bachelor's degree in a specific specialty when hiring previous operations managers. In fact, the 
Petitioner does not indicate that it has hired any other operations managers prior to the current 
petition. 
As such, the Petitioner has not established the referenced criterion at 8 C.P.R. 
§ 214.2(h)(4)(iii)(A)(3) based on its normal hiring practices. 
D. Fourth Criterion 
The fourth criterion at 8 C.P.R.§ 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner has not satisfied the fourth criterion of 8 C.P.R. § 214.2(h)(4)(iii)(A), which is 
reserved for positions with specific duties so specialized and complex that their performance 
requires knowledge that is usually associated with the attainment of a baccalaureate or higher degree 
10 
Matter ofV-F- LLC 
in a specific specialty, or its equivalent. Again, relative specialization and complexity have not been 
sufficiently developed by the Petitioner as an aspect of the proffered position. In other words, the 
proposed duties have not been described with sufficient specificity to show that they are more 
specialized and complex than general and operations manager positions that are not usually 
associated with at least a bachelor's degree in a specific specialty, or its equivalent. 7 
We also incorporate our earlier discussion and analysis regarding the duties of the proffered position, 
and the designation of the position in the LCA as a Level I position (the lowest of four assignable 
wage-levels) relative to others within the same occupational category.8 The Petitioner has not 
demonstrated that its proffered position is one with duties sufficiently specialized and complex to 
satisfy 8 C.P.R.§ 214.2(h)(4)(iii)(A)(4). 
Because the Petitioner has not satisfied one of the criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. 
) IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.P.R. § 214.2(h)(4)(iii)(A), it has hot 
demonstrated that the proffered position qualifies as a specialty occupation. The burden is on the 
Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofV-F- LLC, ID# 179532 (AAO Dec. 15, 2016) 
7 The Petitioner has designated the proffered position as a Level I position on the submitted LCA, indicating that it is a 
position for an employee who has only a basic understanding of the occupation and is expected to perform routine tasks 
that require limited, if any, exercise of judgment. See U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage 
Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. , 2009), available at 
http:/ /www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _11_ 2009 .pdf. Therefore, it does not appear 
that the position is one with specialized and complex duties, as such a higher-level position would be classified as a 
Level III or Level IV position, requiring a significantly higher prevailing wage. 
8 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is 
particularly complex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a 
Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or 
lawyers), a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty, or 
its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies 
as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specific specialty, or its equivalent. That is, a position's wage-level designation may be a relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)(1) of the Act. 
11