dismissed H-1B Case: Aircraft Parts Wholesale

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-I- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 29,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an aircraft parts wholesaler, seeks to temporarily employ the Beneficiary as a 
"purchasing agent" under the H -1 B 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 bachelm' s or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite fm entry into the position. 
The Director, California Service Center, denied the petition. The Director concluded that the 
Petitioner did not establish that the proffered position was 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 fm 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: 
(b)(6)
Matter of A-1- LLC 
(I) 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 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. Cherto,ff, 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 
On the Form 1-129, Petition for a Nonimmigrant Worker, the Petitioner described itself as an aircraft 
parts wholesaler established in 2016 with no current employees. In its support letter, the Petitioner 
indicated that it wished to employ the Beneficiary as a purchasing agent, and described the proffered 
position as follows (verbatim): 
Purchasing Agent will check Turkish tenders announced in Turkey, work on required 
spare parts, search for manufacturer companies/distributors in defence sector, ask 
quotation from manufacturers in USA or the other countries, negotiate and adjust 
selling prices, bid for tender, complete sales or purchase 
process, monitor the delivery 
process, resolve disputes and problems, apply for obtaining export license from States 
Department, check the bidboard of 
managed by the and bid for 
procurements, attend regarding defense 
market in USA. 
In response to the Director's request for evidence (RFE), the Petitioner provided a more detailed list 
of the duties of the proffered position, accompanied by the percentage of time the Beneficiary would 
devote to each duty, which is summarized as follows: 
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Matter of A-1- LLC 
• Plan and buy goods and services for operations of the company- 10% 
• Check tender announcements in Turkey - 20% 
• Generate Request for Quotes - 15% 
• Review proposals, negotiate and determine best option - 15% 
• Generate purchase orders for awarded products- 15% 
• Check the delivered products and ship to Turkey- 15% 
• Other duties - 1 0% 
The Petitioner also stated that "possession of a bachelor's degree or its equivalent is an essential 
requirement for this position." 
111. 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 satisfies any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) and, therefore, qualifies as a specialty occupation. Specifically, the record does 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 1 
In the instant case, the Petitioner states that a bachelor's degree is the minimum entry requirement 
for the proffered position. To establish that the proffered position is a specialty occupation, 
however, the Petitioner must demonstrate that the proffered position requires a precise and specific 
course of study that relates directly to the position in question. See Royal Siam Corp. v. Chertoff; 
484 F.3d at 147 (describing "a degree requirement in a specific specialty" as "one that relates 
directly t9 the duties and responsibilities of a particular position''). There must be a close correlation 
between the required specialized studies and the position; thus, the mere requirement of a degree, 
without further specification, does not establish the position as a specialty occupation. Cf "Matter of 
·Michael Hertz Associates, 19 I&N Dec. 558 (Comm'r 1988) (stating that "[t]he mere requirement of 
a college degree for the sake of general education, or to obtain what an employer perceives to be a 
higher caliber employee, also does not establish eligibility"). Thus, while a general-purpose degree 
or a degree in any discipline 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. !d. Thus, the Petitioner's claim that a general-purpose degree· is 
acceptable is essentially an admission that the proffered position is not a specialty occupation. 
On this basis of the position's educational requirement alone, we cannot find that the proffered 
position qualifies as a specialty occupation. 
1 The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position. While we may not discuss every document submitted, we have reviewed and considered each one. 
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Matter of A-1- LLC 
We also cannot find that the proffered position qualifies as a specialty occupation, as the Petitioner 
has not demonstrated that the proffered position satisfies any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 2 
A. First Criterion 
We turn first to the criterion at 8 C.F.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 
(DOL)'s Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.3 
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 "Purchasing Agents, Except 
Wholesale, Retail, and Farm Products" corresponding to the Standard Occupational Classification 
(SOC) code 13-1 023 at a Level I wage. 5 
The Handbook subchapter entitled "How to Become a Buyer or Purchasing Agent" states in 
pertinent part: "Although a high school diploma may be enough at some organizations, many 
businesses require applicants to have a bachelor's degree. For many positions, a degree in business, 
finance, or supply management is ~ufficient."
6 
2 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 All of our references are to the 2016-17 edition of the Handbook, available at 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 USC IS 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 LCA to USC IS to demonstrate that it will pay an H-1 B 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 ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 20 15). 
5 We will consider the Petitioner's classification of the proffered position at a Levell wage (the lowest of four assignable 
wage levels) 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: (I) that 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), availabJe at 
http://tlcdatacenter.com/download/NPWHC_Guidance_Revised_Il_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. A Level I wage should be considered for research fellows, workers 
in training, or internships. !d. 
6 For additional information regarding the occupational category "Buyers and Purchasing Agents,'' see U.S. Dep't of 
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Matterof A-1- LLC 
The Handbook does not support the Petitioner's assertion that a bachelor's degree in a specific 
specialty is required for entry into this occupation. The Handbook states that a high school diploma 
is often acceptable. Moreover, it indicates that many purchasing agents usually have degrees from 
disparate fields such as business (with no further specialization), finance, or supply management. 
In general, provided the specialties are closely related, e.g., chemistry and biochemistry, a minimum 
of a bachelor's or higher degree in more than one specialty is recognized as satisfying the "degree in 
the specific specialty (or its equivalent)" requirement of section 214(i)(l)(B) of the Act. In such a 
case, the required "body of highly specialized knowledge" would essentially be the same. 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 seemingly disparate fields, such 
as business (with no specialization) and supply management, 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. 7 Section 214(i)( I )(B) of the Act (emphasis added). The Petitioner has 
not done so here. 
Moreover, the requirement of a bachelor's degree in business is inadequate to establish that a 
position qualifies as a specialty occupation. As previously discussed, 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. See Royal Siam Corp. v. Chertojf, 484 F.3d at 
147.8 Therefore, the Handbook's recognition that a general business degree is sufficient for entry 
into the occupation strongly suggests that a bachelor's degree in a spec{fic specialty is not a 
standard, minimum entry requirement for this occupation. Accordingly, as the Handbook indicates 
that working as a purchasing agent does not normally require at least a bachelor's degree in a 
specific specialty, or its equivalent, for entry into the occupation, it does not support the particular 
position proffered here as being a specialty occupation. 
Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., Buyers and Purchasing Agents, 
avai I able at http://www .b ls.gov/ooh/bus iness-and- financial/buyers-and-purchasing-agents .htm#tab-4 (last visited Dec. 
28, 2016). 
7 
Whether read with the statutory "the" or the regulatory "a," both readings denote a singular "specialty." Section 
214(i)( I )(B) of the Act: 8 C.F.R. § 214.2(h)( 4)(ii). Still, we do not so narrowly interpret these provisions to exclude 
positions from qualifying as specialty occupations if they permit, as a minimum entry requirement, degrees in more than 
one closely related specialty. This also includes even seemingly disparate specialties provided the evidence of record 
establishes how each acceptable, specific field of study is directly related to the duties and responsibilities of the 
particular position. 
8 
A general degree requirement does not necessarily preclude a proffered position from qualifying as a specialty 
occupation. For example, an entry requirement of a bachelor's or higher degree in business administration with a 
concentration in a specific field, or a bachelor's or higher degree in business administration combined with relevant 
education, training, and/or experience may, in certain instances, qualify the proffered position as a specialty occupation. 
In either case, it must be demonstrated that the entry requirement is equivalent to a bachelor's or higher degree in a 
specific specialty that is directly related to the proffered position. See Royal Siam Corp. v. Chertof{, 484 F.3d at 147. 
5 
(b)(6)
Matter of A-1- LLC 
In addition, the Petitioner submitted an opinion letter from the associate dean of academic affairs at 
the We have reviewed the opinion letter in its 
entirety. However, we find that the letter is not persuasive in establishing the proffered position as a 
specialty occupation position. 
In his letter, asserts that the proffered position merits someone with a "Bachelor's 
degree in Logistics and Supply Chain Management, or a related area or the equivalent." 
however, does not sufficiently explain the factual bases for his conclusions. For 
instance, states that he has had the "opportunity over the years to become familiar 
with the qualifications required to attain the position of Purchasing Agent and similar professional 
positions." He also states that it is "typical for a supplier of American manufactured products for 
to hire a Purchasing Agent or someone in a similar professional position." 
However, he does not explain the source of his opportunities and familiarity with companies like the 
Petitioner that are engaged in similar operations . Instead, he vaguely references his position as an 
associate dean of academic affairs at the School of Business at as the 
source of his familiarity with the subject matter. There is also no indication that 
possesses any knowledge of the Petitioner 's proffered position and operations beyond the limited 
information provided by the Petitioner in support of the instant petition. opm10n 
does not relate his conclusion to specific, concrete aspects of this Petitioner 's business operations to 
demonstrate a sound factual ba,sis for the conclusion about the educational requirements Jor the 
particular position here at issue. 
We observe that does not indicate whether he was aware of the Petitioner's designation 
of the proffered position as a Level I, entry-level position on the LCA, the lowest of the four assignable 
wage levels. We consider this a significant omission, in that it suggests an incomplete review of the 
position in question and a faulty factual basis for the author's ultimate conclusion regarding the 
educational requirements of the position upon which he opines. Without more, the Petitioner has not 
demonstrated that possesses the requisite information necessary to adequately assess 
the nature and the normal requirements for the proffered position. 
For the reasons discussed, we find that opinion letter lends little probative value to 
the matter here. Matter of Caron lnt'l , 19 I&N Dec. 791, 795 (Comm 'r 1988) (The service is not 
required to accept or may give less weight to an advisory opinion when it is "not in accord with 
other information or is in any way questionabl e."). 
As the Petitioner has not provided documentation from a probative source to substantiate its 
assertion regarding the minimum requirement for entry into this particular position, 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 
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Matter of A-1- LLC 
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 
contemplates 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 ~onsidered 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 (0. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook, or other authoritative source, reports a 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 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 submits copies of job vacancy announcements for positions it deems parallel to the 
proffered position in the Petitioner's industry.. Preliminarily we note that the Petitioner did not 
provide any independent evidence of how representative the job advertisements are of the particular 
advertising employer's recruiting history for the type of job advertised. As the advertisements are 
only solicitations for hire, they are not evidence of the employer's actual hiring practices. Upon 
review ofthe documents, we find that they do not establish that a requirement for a bachelor's degree 
in a specific specialty, or its equivalent, is common to the Petitioner's industry in similar 
organizations for positions parallel to the proffered position.9 
9 
It must be noted that even if all of the job postings indicated that a bachelor's degree in a specific specialty, or its 
equivalent, is common to the industry in parallel positions among similar organizations (which they do not), the 
Petitioner does not demonstrate what inferences, if any, can be drawn rrom these advertisements with regard to 
determining the common educational requirements for entry into parallel positions in similar organizations. See 
generally Earl Babbie, The Practice of Social Research 186-228 (1995). 
As such, even if the job announcements supported the finding that the position required a bachelor's or higher degree in 
a specific specialty, or its equivalent (for organizations in the same industry that are similar to the Petitioner), it cannot 
be found that such a limited number of postings that appear to have been consciously selected outweigh the findings of 
Matter of A-1- LLC 
Specifically, contrary to the purpose for which the advertisements were submitted, most of the 
postings do not establish that at least a bachelor's degree in a specific specialty, or its equivalent, is 
required for the positions. For example, many of the postings state that a bachelor's degree is 
required, but they do not indicate that a bachelor's degree in a .specffic specialty that is directly 
related to the occupation is required. Additionally, the Petitioner submitted advertisements in which 
a bachelor's degree in disparate fields and/or business is acceptable. 10 
As the documentation does not establish that the Petitioner has met this prong of the regulations, 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. That is, not every deficit of every job posting has been addressed. 
Thus, the Petitioner has not satisfied the first alternative prong of8 C.F.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 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
We reviewed the Petitioner's statements regarding the proffered position; however, the Petitioner 
has not sufficiently developed relative complexity or uniqueness as an aspect of the proffered 
position. The Petitioner has not demonstrated how the duties of the proffered position as described 
in the record 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. For instance, the Petitioner did not submit information relevant to a 
detailed course of study leading to a specialty degree and did not establish how such a curriculum is 
necessary to perform the duties it may believe are so complex and unique. While a few related 
courses may be beneficial, or even required, 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. The description of the duties does not specifically identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
As noted above, the Petitioner attested on the submitted LCA that the wage level for the proffered 
position is a Level I (entry-level) wage, which denotes a position for an employee who has only 
the Handbook published by the Bureau of Labor Statistics that such a position does not normally require at least a 
baccalaureate degree in a specific specialty, or its equivalent, for entry into the occupation in the United States. 
10 
As discussed, although a generalcpurpose 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. See Royal Siam Corp. v. Cherto.ff, 484 F.3d at 147. 
8 . 
Matter of A-1- LLC 
basic understanding of the occupation. 11 The Petitioner's designation of the position as an entry­
level position is at odds with the Petitioner's claimed requirements of a bachelor's degree and "direct 
experience analyzing complex business problems and developing functional specifications for 
software solutions." The evidence of record, therefore, does not establish that this position is 
significantly different from other purchasing agents such that it refutes the Handbook's information 
that a bachelor's degree in a specific specialty, or its equivalent, is not required for the proffered 
position. Without more, the record lacks sufficiently detailed information to distinguish the level of 
judgment and understanding necessary to perform the duties as complex or unique. Rather, the 
knowledge to perform the tasks can be obtained by an individual without at least a bachelor's degree 
in a specific specialty, or its equivalent. · 
The Petitioner claims that the Beneficiary is well qualified for the position, and references her 
educational background and qualifications. However, the test to establish a positon as a specialty 
occupation is not the education or experience of a proposed beneficiary, but whether the position 
itself requires at least a bachelor's degree in a specific specialty, or its equivalent. The Petitioner has 
not 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. 
To merit approval of the petition under this criterion, the record must establish that a petitioner's 
imposition of a degree requirement is not a matter of preference for high-caliber candidates but is 
necessitated by performance requirements of the position. While a petitioner may assert that a 
proffered position requires a specific degree, that statement alone without corroborating evidence 
cannot establish the position as a specialty occupation. Were USCIS limited solely to reviewing the 
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 Petitioner 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 388. Evidence provided in support of this criterion may include, but is not limited to, 
documentation regarding the Petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position. 
11 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)( l) of the Act. 
9 
Matter of A-1- LLC 
Here, the Petitioner acknowledges that it is a newly-establish company with no employees and, 
therefore, has no hiring history for the proffered position. The Petitioner, therefore, has not satisfied 
the third criterion of8 C.F.R. § 214.2(h)(4)(iii)(A). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and corrlplex 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 provided information regarding the proffered position and its business operations, 
including export regulations, invoices, quotations, and a list of products and services. While the 
evidence provides some insights into the Petitioner's business activities, the documents do not 
establish that the nature of the specific duties of the proffered position 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. 
We hereby incorporate our earlier discussion and analysis regarding the duties of the proffered 
position, and the designation of the proffered position in the LCA as a Level I position (out of four 
assignable wage levels) relative to others within the occupational category, and hence one not likely 
distinguishable by relatively specialized and complex duties. Without further evidence, it is not 
credible that the Petitioner's proffered position is one with specialized and complex duties as such a 
position would likely be classified at a higher level, such as a Level IV (fully competent) position, 
requiring a substantially higher prevailing wage. A Level IV (fully competent) position is 
designated by DOL for employees who "use advanced skills and diversified knowledge. to solve 
unusual and complex problems" and requires a significantly higher wage. The Petitioner has 
submitted inadequate probative evidence to satisfy the criterion of the regulations at 8 C.F .R. 
§ 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.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 ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-1- LLC, ID# 105234 (AAO Dec. 29, 2016) 
10