dismissed H-1B Case: Business Administration

MATTER OF B-C-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 27, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an importer and distributor of work boots, seeks to temporarily employ the 
Beneficiary as a "business process improvement specialist" under the H-1 B nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1 B 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), detines 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 I'egulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter of B-C-, Inc. 
(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 baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We have 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"); Def'ensor v. Meissner, 
201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as a "business process 
improvement specialist." On appeal, the Petitioner submits a detailed list of job duties for the 
proffered position, including specific responsibilities per duty, education requirements per duty, and 
relevant coursework per duty. The Petitioner provided the following duties, in response to the 
Director's request for evidence (RFE), as follows (bullet points added for clarity): 
• Project Initiation Stage 
o Collect project requirements and expectations. 
o Document the current status in a process map. 
o Identify improvement opportunities, validate them, and achieve consensus 
within the team. 
o Document the problem definition and the project's objective. 
o Perform initial data consultation and statistical analysis. 
• Project Planning Stage 
o Document project charter. 
o Identify project parts or main deliverables. 
o Create a Work Breakdown Structure. 
o Create a project schedule. 
o Document a budget including investments and other expenses. 
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Matter of B-C-, Inc. 
o Design new processes, new data models, new performance indicators, and 
new working systems. 
• Project Execution Stage 
o Control project schedule, budget, and project changes. 
o Prepare and present project status, risks, and issues. 
o Manage the change. Send communications and interact with main process 
stakeholders. Lead training in new processes and tools. 
o Lead the implementation of re-design processes and working systems. 
o Create new SQL queries, views, and tables. 
o Build new data models, relational tables, data dimensions, application's 
connections, reports and dashboards. 
o Execute exhaustive statistical analysis in areas or topics such as: US market, 
sales per region, sales per commercial agent, sales per product. 
• Project Closing Stage 
o Document re-designed processes. Create procedures and standards. 
o Document lessons learned and identified new process-improvement needs 
outside the scope of the initial project. 
o Assign and train individuals responsible for maintaining procedures and data 
tables, and others in charge of supporting operational tasks such as running 
queries, uploading tables, and updating dashboards. 
o Review and close all tasks in project schedule and present final reports 
comparing budget against execution. 
• Project Admin and Technical Support 
o Analyze and define action plans based on performance metrics monitoring and 
analysis against business targets. 
o Lead sales and marketing meeting. Provide data, metrics, and information to 
support the revenue performance analysis. 
o Lead operation's control meetings. Provide data metrics, and information to 
support analysis on inventory management, warehouse management, 
fulfillment performance, and logistics' processes. 
o Maintain critical data tables and update the relational models. 
o Optimize the data model integration and speed up maintaining activities. 
o Maintain, improve, and develop new reports, charts and dashboards. 
o Lead and adjust business plans including marketing strategy, sales growth 
plan, and product development plan. Communicate and implement changes 
based on business performance. 
The Petitioner stated that the minimum entry requirement for the proffered position is at least a 
bachelor's degree in business administration or marketing. 
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Matter C?f B-C-, Inc. 
III. ANALYSTS 
For the reasons set out below, we have determined that the Petitioner has not demonstrated that the 
proffered position 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 
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occupation. 
As a preliminary matter, the Petitioner's claim that a bachelor's degree in business administration is 
a sufficient minimum requirement for entry into the proffered position is inadequate to establish that 
the proposed 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 business administration, without further specification, does not 
establish the position as a specialty occupation. Cf )\1atter of l11ichael Hertz Assocs., 19 l&N Dec. 
558, 560 (Comm'r 1988). To prove that a job requires the theoretical and practical application of a 
body of highly specialized knowledge as required by section 214(i)(l) of the Act, a petitioner must 
establish that the position requires the attainment of a bachelor's or higher degree in a specialized 
field of study or its equivalent. As discussed above, we interpret the degree requirement at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) to require a degree in a specific specialty that is directly related to the proposed 
position. Although a general-purpose bachelor's degree, such as a degree in business administration, 
may be a legitimate prerequisite for a particular position, requiring such a degree, \Vithout more, will 
not justify a finding that a particular position qualifies for classification as a specialty occupation. 
Royal Siam, 484 F.3d at 147.2 
Again, the Petitioner in this matter claims that the duties of the proffered position can be performed 
by an individual with only a general-purpose bachelor's degree, i.e., a bachelor's degree in business 
administration. Without more, this assertion alone indicates that the proffered position is not in fact 
1 
The Petitioner submitted documentation to support the H-I B 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. 
2 Specifically, the judge explained in Royal Siam, 484 F.3d at 14 7, that: 
The courts and the agency consistently have stated that, although a general-purpose bachelor's degree, 
such as a business administration degree, may be a legitimate prerequisite for a pa11icular position, 
requiring such a degree, without more, will not justify the granting of a petition for an H-1 B specialty 
occupation visa. See, e.g., Tapis lnt '/ v. INS, 94 F.Supp.2d I 72, I 75-76 (D. Mass. 2000); Shami, 36 F. 
Supp. 2d at I 164-66; cf Matter of Michael Hertz Assocs., 191 & &N Dec. 558,560 ([Comm'r] 1988) 
(pr_oviding frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
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Matter of B-C-, Inc. 
a specialty occupation. The Director's decision must therefore be affirmed and the appeal dism~ssed 
on this basis alone. 
Moreover, it also cannot be found that the proffered position qualifies as a specialty occupation as 
the Petitioner has not satisfied any of the supplemental, additional criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
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's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements ofthe wide variety of occupations that it addresses.3 
On the labor condition application (LCA)4 submitted in support of the H-1 B petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.5 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
Most market research analysts need at least a bachelor's degree. Top research 
positions may reqmre a master's degree. Strong math and analytical skills are 
essential. 
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 we regularly review 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 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 sa111e services. See 
Matter ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-46 (AAO 20 15). 
5 The Petitioner classified the proffered position at a Level II wage. 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 II wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to 
have attained, either through education or experience, a good understanding of the occupation, but who will only perform 
moderately complex tasks that require limited judgment. 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 _II_ 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 of B-C-, Inc. 
Education 
Market research analysts typically need a bachelor's degree in market research or a 
related field. Many have degrees in fields such as statistics, math, and computer 
science. Others ha'(e backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics or consumer 
behavior, are also important. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a master's degree in 
business administration (MBA). A master's degree is often required for leadership 
positions or positions that perform more technical research. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Market Research Analysts, http://www. b ls. gov I ooh/business-and- financial/market- research­
analysts.htm#tab-4 (last visited Feb. 15, 2017). 
When reviewing the Handbook, we must note that the Petitioner designated the proffered position under 
this occupational category at a Level II on the LCA. Based upon the Petitioner's designation of the 
proffered position as a Level II position (relative to others with the occupation) it does not appear that 
the Beneficiary will serve in a senior or leadership role or in a position that performs more technical 
research that requires a master's degree. 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. That is, while the Handbook states that employees typically need a bachelor's 
degree in market research or a related field, it continues by specifying that many market research 
analysts have degrees in fields such as statistics, math, or computer science. According to the 
Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
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It further elucidates that courses in communications and social sciences (such as economics, 
psychology, and sociology) are also important. Therefore, although the Handbook indicates that 
market research analysts typically need an advanced degree, it also indicates that degrees and 
backgrounds in various fields are acceptable for jobs in this occupation- including computer science 
and the social sciences, as well as statistics and communications. 
As discussed, a minimum entry requirement of a degree in disparate fields, such as philosophy and 
engineering, 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 
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Matter of B-C-, Inc. 
knowledge is essentially an amalgamation of these different specialties. Section 214( i)(l )(B) of the 
Act (emphasis added). 
The Handbook also states that "others have a background in business administration." Again, while 
a general-purpose bachelor's degree, such as a degree in business administration, 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, 484 F.3d at 147. The Handbook's recognition that a general, non-specialty 
"background" in business administration is sufficient for entry into the occupation strongly suggests 
that a bachelor's degree in a specific .specialty is not normally the minimum entry requirement for 
this occupation. 
Thus, the Handbook does not support the claim that the occupational category "Market Research 
Analysts" 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, to satisfy the first criterion, the 
Petitioner must 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 did 
not do so here. 
Accordingly, 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 
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/BlakerCorp. v. Sava, 712F. Supp.1095, 1102(S.D.N.Y. 1989)). 
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}.;latter of B-C-, Inc. 
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. In addition, there are no submissions from the 
industry's professional association indicating that it has made a degree a 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 business process analyst, business process specialist, business process 
improvement specialist, senior process improvement specialist, director of marketing, director of 
digital marketing, business intelligence analyst, and global business operations analyst. The 
business process analyst position requires a "four-year degree" in computer science or business and 
5 years of experience. The business process specialist position requires a bachelor· s degree in 
business or a related field and at least 2 years of experience. The business process improvement 
specialist position requires a bachelor's degree or equivalent in business administration, health care 
administration, or a technical/engineering field and 5 years of experience. The senior process 
improvement specialist position requires a bachelor's degree in engineering, business, nursing, or 
other clinical discipline, 7 years of experience, and a black belt certification in Lean Six Sigma. The 
director of marketing and director of digital marketing positions both require a bachelor's degree in 
business, marketing, or a related field, and 1 0 years of experience, or an equivalent combination of 
education and experience. The business intelligence analyst position prefers a bachelor's degree in 
business or information systems and requires an unidentified amount of experience. A second 
business intelligence analyst position requires a bachelor's degree in computer science, information 
systems, business management, and at least 3 years of experience, or equivalent work experience in 
place of education. The global business operations analyst position requires a bachelor's degree in 
business management or a relevant major, 5 years of project management experience, and 7 years of 
work experience. 
Here, although most of the advertisements require a bachelor's degree, they all also require 2-10 
years of experience. Meanwhile, some of the advertisements state that equivalent work experience 
may be accepted in place of a degree. While some of the advertisements generally state that a 
bachelor's degree in business; marketing, computer science, engineering, or related fields is 
required, they also require years of experience in addition to the bachelor's degree. The Petitioner 
here has designated the proffered position as a wage Level II on the LCA, a \Vage level that only 
requires a moderate understanding of the occupation, which is in contrast to some of the advertised 
positions that are for more senior positions. 
For these reasons, the Petitioner has not satisfied the criterion of the first alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
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Matter of B-C-, Inc. 
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. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other business process improvement specialist positions 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 "Market Research Analysts" 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, while the Petitioner claims that the position involves focusing on "research[ing] 
market conditions in local, regional, and national areas, and gather information to determine 
potential sales of work boots," the Petitioner does not demonstrate how the business process 
improvement specialist'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. 
For instance, the Petitioner stated that the proffered position requires a bachelor's degree in business 
administration or marketing. On appeal, the Petitioner identified specific coursework in various 
subjects, including data analysis, operations management, marketing analytics, pricing strategies, 
customer analytics, and marketing analytics, as providing the Beneficiary with the "theoretical 
knowledge" to carry out his duties as its business process improvement specialist. While these skills 
or courses may be beneficial, or even essential, in performing certain duties of a business process 
improvement specialist 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. 
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 "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary would perforn1 only 
moderately complex tasks that require limited judgment. Without further evidence, the evidence 
does not demonstrate that the proffered position is so complex or unique as such a position falling 
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(b)(6)
Matter of B-C-, Inc. 
under this occupational category would likely be classified at a higher-level, such as a Level Ill 
(experienced) or Level IV (fully competent) position. 6 For example, 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." 
Furthermore, on appeal, the Petitioner submits an expert opinion letter authored by 
Professor of Marketing at the 
states that he reviewed a list of the job duties required for the 
proffered position of business process improvement specialist and a copy of the Petitioner's business 
plan. 
opinion of the proffered position focused on six specific duties he found are the most 
technically complex and relevant to the Beneficiary's advanced training in graduate school. 
opined that the position "require[s] a minimum of a degree in business administration with 
marketing expertise ." further evaluated the Beneficiary 's education and qualifications 
in reference to the proffered position. explored each of the courses listed by the 
Petitioner above and indicated their importance and how they relate to the duties of the proffered 
pos1t10n. concluded by stating that the proffered position "constitutes a specialty 
occupation requiring theoretical and 
practical application of a body of specialized knowledge (in this 
case, marketing)" and that the Beneficiary is qualified for the position. 
However, evaluation does not discuss the Petitioner's designation of this position as 
requiring only a Level II wage. As noted above, a Level II wage rate is commensurate with 
moderately complex tasks that require the Beneficiary 's limited exercise of judgment. A Level II 
wage designation is indicative of someone who will receive instructions on required tasks and 
expected results. Such a position would not include supervisory or advanced tasks. This is contrary 
to findings and opinion of the proffered position ' s advanced level within the 
Petitioner's organization. Additionally, does not explain or distinguish the duties of 
the proffered position from the Handbook 's report on market research analysts and marketing 
specialists. 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 specialt y occupation. We may, in our discretion, use opinion 
statements submitted by the Petitioner as advisory. Matter (~f Caron Int'l , Inc. , 19 I&N Dec. 791, 
6 The issue here is that the Petitioner's designation of this position as a Level II position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions wilhin the same 
occupation. Nevertheless, it is important to note that a Level II wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyer s, for example), such a 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 detennination 
of whether a proffered position meets the requirement s of section 2l4(i)( I) of the Act. 
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(b)(6)
Matter of B-C-, Inc. 
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 that evidence. !d. 
On appeal, the Petitioner also submits an expert opinion letter authored by 
Executive Director of the 
states that she reviewed the Petitioner's offer of employment to the Beneficiary , a list of job duties 
for the proffered position , and the Petitioner ' s business plan. 
opined that "the duties outlined in the position require highly specialized knowledge 
that corresponds to the attainment of a degree in business administration \Vith marketing expertise 
and is comparable to other offers accepted by alumni and that have been reported as MBA-level 
accepted offers in compliance with the MBACSEA standards." However, again, 
evaluation does not discuss the Petitioner's designation of this position as requiring only a Level II 
wage, nor does it explain or distinguish the duties of the proffered position from the Handbook 's 
report on market research analysts and marketing specialists. 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. !d. 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 that 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. 
Additionally, we again note that the Petitioner has designated the proffered position as requiring 
only a Level II wage, which requires only a moderate understanding of the occupation. Given the 
Handbook's indication that market research analysts and marketing specialist 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 position involving moderately complex tasks and a limited exercise of 
independent judgment 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 business process improvement specialist 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 ~tates, 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). 
II 
Matter of B-C-. Inc. 
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. 
Here, the Petitioner does not submit any evidence of previous or cutTent employees in the same 
position as the Beneficiary's proffered position. In fact, the Petitioner stated that it has not 
previously employed anyone in this position. Therefore, the Petitioner has not satisfied the criterion 
at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
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 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 II 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 on appeal. 
While we understand that the Beneficiary must have technical knowledge in order to perform 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 bachelor's or higher 
degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the 
United States. Upon review of the totality ofthe record, the record does not include probative evidence 
that the duties require more than technical proficiency in the market research field. The Petitioner has 
not demonstrated in the record that its proffered position is one with duties sufficiently specialized and 
complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
As discussed above, the Petitioner 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. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofB-C-. Inc., ID# 235621 (AAO Feb. 27, 2017) 
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