dismissed H-1B Case: Agricultural Wholesale Trade

U.S. Citizenship 
and Immigration 
Services 
MATIER OFT-H-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE-: DEC. 15, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an agricultural hay wholesale trade and export business, seeks to temporarily employ 
the Beneficiary as a cost analyst under the H-1B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§110l(a)(15)(H)(i)(b). The H-1B 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, California 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. On appeal, the Petitioner 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 ofT-H-, 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 
particular 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 bac~alaureate 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 a "cost analyst." In 
response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the proffered position: 
• Work directly with clients and vendors in conjunction with our own logistics 
coordinators to formulate estimates associated with wholesale trade of [the 
Petitioner's] products. (15%) 
• Execute cost plans and assess shipping details to prepare time, cost, materials, 
and labor estimates. (15%) 
• Coordinate with upper-management across the U.S. for estimates in selecting 
vendors or subcontractors. (10%) 
• Adjust cost estimates accordingly based on company projected output and 
capacity in order to reduce waste and inefficiency. (10%) 
• Prepare estimates for management based on data presented by sales 
representatives in order to quickly execute contracts. (10%) 
• Oversee cost and expenditure statements and other necessary documentation at 
regular intervals for each assigned project. (10%) 
• Tracking actual costs relative to bids as project develops to avoid any 
unnecessary expenditure. (10%) 
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Matter ofT-H-, LLC 
• Review and adjust cost monitoring and reporting systems and procedures for 
streamlined business activities. (10%) 
• Work with budget analysts to review material and labor requirements and confer 
with management on recommendation. (10%) 
The Petitioner states that the minimum entry requirement for the proffered position is at least a 
bachelor's degree in business, supply chain management, or a related field. 
III. 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 
A. First Criterion 
We turn first to the criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A)(J), 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? 
On the labor condition application (LCA)4 submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Cost Estimators" corresponding 
to the Standard Occupational Classification code 13-1051.5 
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-1B 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 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 users 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. 
4 The Petitioner is required to submit a certified LeA to USers to demonstrate that it will pay an H-1B worker the 
higher of either the prevailing wage for the occupational classification in the "area of employment" or the actual wage 
paid by the employer to other employees with similar experience and qualifications who are performing the same 
services. See Matter of Simeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 2015). 
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 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (1) that 
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Matter ofT-H-, LLC 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
A bachelor's degree is generally required to become a cost estimator, although 
some highly experienced construction workers may qualify without a bachelor's 
I 
degree. 
Education 
Employers generally prefer candidates who have a bachelor's degree. A strong 
background in mathematics is essential. 
Construction cost estimators typically need a bachelor's degree m an 
industry-related field, such as construction management, building science, or 
engineering. 
Those interested in estimating manufacturing costs typically need a bachelor's 
degree in engineering, business, or finance. 
Work Experience in a Related Occupation 
Some employers prefer that construction cost estimators, particularly those without 
a bachelor's degree, have previous work experience in the construction industry. 
For example, experienced electricians and plumbers can become construction cost 
estimators if they have the necessary construction knowledge and math skills. 
Candidates interested in becoming cost estimators can also gain experience through 
i?ternships and cooperative education programs. 
Licenses, Certifications, and Registrations 
Voluntary certification can show competence and experience in the field. In some 
instances, employers may require professional certification before hiring. 
The following organizations offer a variety of certifications: 
the Beneficiary will be expected to perform routine tasks that require limited, if any, exercise of judgment; (2) that she 
will be closely supervised and her work closely monitored and reviewed for accuracy; and (3) that she 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. /d. 
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Matter ofT-H-, LLC 
• American Society of Professional Estimators 
• Association for the Advancement of Cost Estimating International 
• International Cost Estimating and Analysis Association 
Estimators must generally have at least 2 years of estimating experience and must 
pass a written exam to become certified. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., Cost 
Estimators, http://www .bls.gdv /ooh/business-and- financial/cost -estimators.htm#tab-4 (last visited 
Nov. 30, 2016). 
When reviewing the Handbook, we must note that the Petitioner designated the proffered position 
under this occupational category at a Level I on the LCA. Based upon the Petitioner's designation of 
the proffered position as a Level I position (relative to others with the occupation) it does not appear 
that the Beneficiary will serve in a senior role or in a position that performs more technical research 
that requires a master's degree. 
The Handbook reports that the requirements for cost estimators vary by industry. The Handbook 
also states that cost estimators generally need a college degree to enter the occupation, but does not 
specify a particular subject or specialty outside of the preferences for the construction and 
manufacturing industries. Specifically, the Handbook states that employers ih the construction 
industry typically prefer degrees in construction management, building -science, or engineering, and 
employers in the manufacturing industry typically prefer degrees in engineering, business, or 
finance. Although the Handbook states that cost estimators generally need a college degree, it also 
specifies that the requirements for these positions vary by industry and that degrees in various fields 
are acceptable for jobs in this occupation (e.g., engineering, business, or finance). 
The narrative of the Handbook further indicates that three organizations - American Society of 
Professional Estimators (ASPE), Association for the Advancement of Cost Estimating International 
(AACE International), and International Cost Estimating and Analysis Association (ICEAA)- offer 
a certification for cost estimators. The Handbook reports that certification is not required, but it can 
demonstrate competence and experience in the field. 
We reviewed the ASPE website regarding its requirements for professional certification. 6 The ASPE 
appears to primarily focus on the construction industry and the website states that the Certification of 
Professional Estimators is an acknowledgement that an individual has met, and continues to meet, 
the criteria established for this designation as determined by the ASPE, and is a commitment by the 
individual to the construction industry and to the ASPE. The requirements for certification include: 
• Experience - Minimum of Five Years (in a specific discipline) 
6 For additional information regarding the American Society of Professional Estimators and its credentialing programs, 
see the website at http://www.aspenational.orgl (last visited Nov. 30, 2016). 
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Matter ofT-H-, LLC 
• Understanding of Candidate Handbook (release date: May 30, 2015) 
• Technical Writing Abilities 
• Communication Skills 
• Successful completion of Certification Examinations. 
The ASPE website does not indicate that cost estimator positions have any particular degree 
requirements for entry, nor does it indicate that these positions ·require a degree to be identified as 
qualified and possessing a level of expertise/competence. Instead, ASPE stresses the importance of 
professional experience in a specific discipline, but does not define what that specific discipline actually 
is. Thus, the ASPE website does not indicate that at least a bachelor's degree in a specific specialty (or 
its equivalent) is required to work as a cost estimator and/or be ASPE certified. 
We also reviewed the AACE International website rega~ding its certifications- two Technician Level 
Certifications, four Professional Level Certifications, and two Expertise Level Certifications.7 The 
AACE International website states that its· eight distinct certifications will benefit those new to the 
industry, seasoned professionals, and anyone wanting to advance their career goals. 
~ 
The AACE International website indicates that the two Technician Level Certifications - Certified Cost 
Technician and Certified Scheduling Technician- require either 4 years of industry related experience 
or a 4-year industry related degree; and the four Professional Level Certifications - Certified Cost 
Professional, Certified Estimating Professional, Earned Value Professional, and Planning & Scheduling 
Professional- require either 8 years of industry related experience or a 4-year industry related college 
degree and 4 years of industry related experience. The two Expertise Level Certifications have 
different requirements. The Certified Forensic Claims Consultant certification requires 12 years of 
claims-relevant experience, a 4-year college degree, and a current certification or license after 
education; and the Decision & Risk Management Professional certification requires 8 years of industry 
related experience and a 4-year college or university degree, which may be substituted with an 
additional 4 years of industry related experience or a specified professional certification. 
Although one of the expertise level certifications requires a 4-year college degree, without exception, it 
does not specify the subject of the degree or that it must be in a specific specialty. Thus, the AACE 
International website does not indicate that at least a bachelor's degree in a specific specialty (or its 
equivalent) is required to work as a cost estimator and/or be AACE International certified. 
Finally, we reviewed the ICEAA website regarding the Certified Cost Estimator/Analyst program.8 
According to ICEAA, its professional certification program promotes competency recognition based on 
preparation, assessment, and sustainment. The website states that its professional certification program 
7 
For additional information regarding the Association for the Advancement of Cost Estimating International and its 
credentialing programs, see the website at http://web.aacei.org/ (last visited Nov. 30, 2016) 
8 
For additional information regarding the International Cost Estimating and Analysis Association and its credentialing 
programs, see the website at http://www.iceaaonline.com/ (last visited Nov. 30, 2016). 
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Matter ofT-H-, LLC 
provides a professional credential that sets the standard for the entire costing estimating and analysis 
community. 
The ICEAA website indicates that the Certified Cost Estimator/Analyst certification requires 5 years of 
cost experience and a bachelor's degree in any field from an accredited college, which may be 
substituted with 8 years of cost experience. The ICEAA also offers a Professional Cost 
Estimator/Analyst certification that requires a minimum of 2 years of cost experience and a bachelor's 
degree in any field form an accredited college, which may be substituted with 5 years of cost 
experience. 
Again, although both certifications require a bachelor's degree, they can be in any field, rather than in a 
specific specialty, and can be substituted by additional years of experience. Thus, the ICEAA website 
does not indicate that at least a bachelor's degree in a specific specialty (or its equivalent) is required to 
work as a cost estimator and/or be ICEAA certified. 
Thus; the Handbook, ASPE, AACE International, and ICEAA do not support the claim that the "Cost 
Estimators" occupational category is one for which normally the minimum requirement for entry is a 
baccalaureate degree (or higher) in a specific specialty, or its equivalent. Even if it did (which it does 
not), to satisfy the first criterion, the Petitioner would still need to provide evidence to support a finding 
that the particular position proffered would normally have such a minimum, specialty degree 
requirement, or its equivalent. 
The Petitioner has not provided documentation from a probative source to substantiate an assertion 
that the minimum requirement for entry into this particular position is a bachelor's degree in a 
specific specialty. 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. 
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. 
In determining whether there is such a common degree requirement, factors often considered by 
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Matter ofT-H-, LLC 
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) (quotingHird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
~ 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) 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. Also, there are no submissions from the industry's 
professional associations indicating that there is a degree-minimum entry requirement. 
In support of its assertion that the degree requirement is common to the Petitioner's industry in 
parallel positions among similar organizations, the Petitioner submitted copies of advertisements for 
positions entitled Analyst- Cost Controls, DCM- Construction Cost Analyst, and Senior Seed Cost 
Analyst. None of the advertisements submitted provide sufficient information regarding the 
advertising organizations to establish that the advertising organizations are similar to the Petitioner. 
That is, the record does not demonstrate that the advertising organizations are similar in type, scope, 
size, and industry to this Petitioner. Further, one advertisement requires a bachelor's degree in 
finance, accounting, construction management, or business, and 1 year of experience in finance, 
accounting, or as a cost analyst; another advertisement requires a bachelor's degree in accounting or 
finance and 4 years of experience in accounting or finance; and another advertisement prefers a 
4-year degree, but accepts 5-7 years of work experience in cost estimation. 
The advertisements generally require a bachelor's degree in accounting, finance, or business, as well 
as experience of at least one to four years in addition to the bachelor's degree. The Petitioner here 
has designated the proffered position as a wage Level I on the LCA (the lowest of four assignable 
wage levels), an entry-level wage that only requires a basic understanding of the occupation, which 
is in contrast to some of the advertised positions that are for more senior positions. Further, one of 
the advertisements states that experience may substitute the education requirements for the position, 
which does not demonstrate that a requirement of a bachelor's or higher degree in a specific 
specialty, or its equivalent, is common to parallel positions with organizations that are in the 
Petitioner's industry and otherwise similar to the Petitioner. Also, a requirement of a degree in a 
general field such as business is not a requirement of a degree in a specific specialty. 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 qll;alifies for classification as a specialty occupation. Royal Siam Corp. v. Chertoff, 484 
F.3d 139, 147 (1st Cir. 2007). 
For these reasons, the Petitioner has not satisfied the criterion of the first alternative prong of 
8 C.P.R. § 214.2(h)(4)(iii)(A)(2). 
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Matter ofT-H-, LLC 
2. Second Prong 
We will next consider the second alternative prong of 8 C.P.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 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other positions in the same occupation that can be performed by persons without 
at least a bachelor's degree in a specific specialty, or its equivalent. 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position, as described, necessitates the theoretical and 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather, 
we find that, as reflected in this decision's earlier quotation of duty descriptions from the record of 
proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the "Cost Estimators" occupational category, which, the Handbook indicates, do not 
necessarily require a person with at least a bachelor's degree in a specific specialty or its equivalent 
to enter those positions. 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. That is, while the 
Petitioner claims that the position involves "applying financial principals [sic] and interpreting 
analytical budget data in providing key strategic information to assist the company's [sic] in its 
business cost-analysis practices," the Petitioner does not demonstrate how the cost analyst's duties 
described 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. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the "Cost Estimators" 
occupational category, the Beneficiary would perform only routine tasks that require limited, if any, 
exercise of judgment; close supervision of work, monitored and reviewed for accuracy; and the 
receipt of specific instructions on required tasks and expected results. Without further evidence, the 
evidence does not demonstrate that the proffered position is so complex or unique as such a position 
falling under this occupational category would likely be classified at a higher-level, such as a Level 
III (experienced) or Level IV (fully competent) position.9 For example, a Level IV (fully competent) 
9 
The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is particularly complex, specialized, or unique compared . to other positions within the same 
occupation. Nevertheless, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
9 
(b)(6)
Matter ofT-H-, LLC 
position is designated by DOL for employees who "use advanced skills and diversified knowledge to 
solve,unusual and complex problems." 
Furthermore, the Petitioner submitted an expert opmwn evaluation authored by 
of Accounting a~d Operations Management at the 
paraphrases the description of duties the 
Petitioner submitted and offers his opinion of the academic requirements necessary to perform those 
duties. 
opined that "the position of Cost Analyst is clearly a specialty position, and 
requires the service of someone with advanced training through a Bachelor's program in Business 
Administration, Supply Chain Management, or related fields." Although did not 
identify particular duties listed in the Petitioner's description, he did identify specific junior- and 
senior- level courses found within the bachelor's degree curriculum for business administration, 
supply chain management, or a related field, as skills required in the theoretical and practical 
application of an advanced highly specialized body of knowledge. However, 
evaluation does not discuss the Petitioner's designation of this position as requiring only a Level I 
wage. As noted above, a Level I wage rate is commensurate with routine tasks that require the 
Beneficiary's limited, if any, exercise of judgment, the Beneficiary's close supervision, the close 
monitoring of his work and review for its accuracy. A Level I wage designation is indicative of 
someone who will receive specific instructions on required tasks and expected results. Such a 
position would not include supervisory or advanced tasks. Additionally, does not 
explain or distinguish the duties of the proffered position from the Handbook's report on cost 
estimators. For these reasons, we do not find the opinion sufficient to support the Petitioner's 
assertion that the proffered position requires a bachelor's degree in a specific specialty, or its 
equivalent, and thus qualifies as a specialty occupation. We may, in our discretion, use opinion 
statements submitted by the Petitioner as advisory. Matter of Caron Int'l, Inc., 19 I&N Dec. 791, 
795 (Comm'r 1988). However, where an opinion is not in accord with other information or is in any 
way questionable, we are not required to accept or may give less weight to tha~ evidence. Id. 
Here, the record does not include sufficient information relevant to a detailed course of study leading 
to a specialty degree and the Petitioner has not established how such a curriculum is necessary to 
perform the duties it claims are so complex. While a few related courses may be beneficial in 
performing certain duties of the position, 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. 
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 consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of section 214(i)(l) of the Act. 
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Matter ofT-H-, LLC 
Additionally, given the Handbook's indication that cost estimator positions do not normally require 
at least a bachelor's degree in a specific specialty, or the equivalent, for entry, it is not credible that a 
level I position involving limited, if any, exercise of independent judgment, close supervision and 
monitoring, receipt of specific instructions on required tasks and expected results, and close review 
would contain such a requirement. Thus, the record lacks sufficiently detailed information to 
distinguish the proffered position as unique from or more complex than positions that can be 
performed by persons without at least a bachelor's degree in a specific specialty or its equivalent. 
Consequently, as the Petitioner does not demonstrate how the proffered position is so complex or 
unique relative to other cost estimator positions that do not require at least a baccalaureate degree in 
a specific specialty or its equivalent for entry into the occupation in the United States, it cannot be 
concluded that the petitioner has satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.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. 
In response to . the RFE, the Petitioner submitted an organizational chart and an employee list to 
demonstrate the company's dedication to employing highly skilled and qualified individuals, with 
the exception of warehouse workers and machine operators. However, although the employee list 
indicates that most of its employees (except warehouse assistants and machine operators) have a 
bachelor's or master's degree, it does not specify the subjects of the degrees, nor does it specifically 
list a ,cost analyst position to demonstrate that it normally requires a bachelor's degree in a specific 
specialty for the proffered position. Further, the Petitioner did not submit documentary evidence of 
the claimed educational credentials listed in the employee list, nor did the Petitioner submit any 
evidence that it actually currently employs, or has ever employed, the individuals listed. 
As the Petitioner does not submit probative evidence that demonstrates the academic qualifications 
of individuals previously or currently employed in a cost analyst position, the Petitioner has not 
satisfied the criterion at 8 C.P.R.§ 214.2(h)(4)(iii)(A)(3). 10 
10 While a petitioner may believe or otherwise assert that a proffered position requires a degree in a specific specialty, 
that opinion alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing a petitioner's claimed self-imposed requirements, then any individual with a bachelor's 
degree could be brought to the United States to perform any occupation as long as the employer artificially created a 
token degree requirement, whereby all individuals employed in a particular position possessed a baccalaureate or higher 
degree in the specific specialty, or its equivalent. See Defensor v. Meissner, 201 F. 3d at 387. In other words, if a 
petitioner's degree requirement is only symbolic and the proffered position does not in fact require such a specialty 
degree, or its equivalent, to perform its duties, the occupation would not meet the statutory or regulatory definition of a 
specialty occupation. See section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty 
occupation"). 
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Matter ofT-H-, LLC 
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 asserts that the job duties of the proffered position are specialized and complex. We refer 
to our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level I wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties for the 
proffered position, including the Petitioner's expanded version of the description submitted in response 
to the Director's RFE. While we understand that the Beneficiary must have technical knowledge in 
order to perform some of these duties, the Petitioner has not sufficiently explained how these duties 
'require the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a ba.chelor's or higher degree in the specific specialty (or its equivalent) as a minimum for 
entry into the occupation in the United States. The Petitioner has not demonstrated in the record 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) .. 
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 not 
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 of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-H-, LLC, ID# 181185 (AAO Dec. 15, 2016) 
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