dismissed H-1B Case: Business Administration

MATTER OF U-A-M-S-. INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 4, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a non-profit organization, seeks to temporarily employ the Beneficiary as an 
.. administrative assistant'' under the H-1 B nonimmigrant classification for specialty occupations. 
See Immigration and Nationality Act (the Act) § 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(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 that the 
Petitioner did not establish that the proffered position qualifies as a specialty occupation in 
accordance with the applicable statutory and regulatory provisions. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred in finding that a bachelor's degree or higher is not required for the 
proffered position. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
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 of U-A-M-S-, Inc. 
(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 
(.f) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "'degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "'one that relates directly to the duties and responsibilities of a 
particular position''); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as an ··administrative 
assistant." In the letter of support, the Petitioner provided the Beneficiary's job duties in the 
proffered position.1 According to the Petitioner, the position "'requires the application of knowledge 
gained through the completion of a bachelor's degree as outlined above in the key responsibilities 
and technical skills required." 
In response to the Director's request for evidence (RFE), the Petitioner provided a nev.· job 
description for the proffered position. along with the approximate percentage of time the Beneficiary 
will spend on each duty, as follows: 
KEY RESPONSIBILITIES % ofTime 
Performs routine clerical and administrative functions 10% 
such as drafting correspondence, scheduling 
appointments, organizing and maintaining paper and 
electronic files, and providing information to 
1 We observe that the wording of the duties provided by the Petitioner for the proffered position in the letter of support is 
taken almost verbatim from the Occupational Information Network (O*NET) OnLine's list of tasks associated with the 
occupation category ''Secretaries and Administrative Assistants (except legal, medical, and executive)." 
2 
(b)(6) Matter of U-A-M-S-, Inc. 
callers.* 
Assists the executive director in the coordination and 30% 
execution of events for the respective programs 
including, but not limited to, receptions, business 
expo, merchants association meetings. design 
committee meetings, and Neighborhood 
Revitalization Zone (NRZ) meetings. Ensures 
logistics of set - up and programming for scheduled 
events are handled timely, accurately and within 
assigned budgetary contraints. * 
Assists program administrator with 10% 
in an effort to increase in 
enrollment and retention of the two semester 
program. Prepare goals for the approval of the 
grants manager. Prepares all academic 
materials for prospective students, faculty and staff as 
is appropriate. Ensures all materials adhere to [the 
Petitioner's] branding initiatives and standards. 
Work with the instructor and program administrator 
as appropriate. 
5% 
Serves as a resource to [the Petitioner] regarding 5% 
programs guidelines. Assist with development, 
maintenance, and distribution of all [Petitioner] 
program materials in electronic and hard-copy 
formats. 
Maintains a comprehensive filing system for each 10% 
small business owner in an effort to ensure easy 
retrieval of information by staff. Maintains the 
executive director's calendar, including making and 
managing appointments. Provide support to 
consultants and clients and understand business 
issues and related 
challenges of the client's 
organization and industry.* 
Perform a key role in preparation of quality 5% 
deliverables. * 
Supervise and evaluate graduate and undergraduate 5% 
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Matter of U-A-M-S- , Inc. 
assistants. Supervise interns preparing for career in 
management or business administration assigned to 
the 
Assists University faculty and 10% 
administrator in the coordination of students 
participating in the 
Recruitment small business owners as members to 5% 
the 
Provides administrative support in a wide range of 
activities 
Manages and execute signature events.* 
Develop avenues for other promotional events geared 5% 
to increase the membership of the 
* 
Performs other related duties as assigned. 
*Indicates an "essential "job function. 
In addition, the Petitioner provided the following: 
Formal Education: Bachelor 's Degree 
Work Experience: 2- 3 years of hands on administrative support 
experience in a corporate setting. 
Experience in an administrative department a 
plus. 
On appeal, the Petitioner states that the position requires an individual with a degree in business 
management, accounting economics, finance or psychology . 
Ill. ANALYSIS 
Upon review of the record of proceedings, we find that there are inconsistencies and discrepancies in 
the petition and supporting documents, which undermine the Petitioner's credibility with regard to 
the services the Beneficiary will perform, as well as the actual nature and requirements of the 
proffered position. When a petition includes numerous discrepancies, those inconsistencies will 
raise serious concerns about the veracity of the Petitioner's assertions. 
For example, the Petitioner has provided inconsistent information regarding the requirements for the 
proffered position. Specifically, in the letter of support, the Petitioner stated that the proffered 
4 
(b)(6)
Matter of U-A-M-S-. Inc. 
position requires a bachelor's degree. However, with the initial petition, the Petitioner provided a 
document entitled "Job Description," which stated that an associate's Degree or 2-Year College 
equivalent is required for the administrative assistant position. In addition, in response to the RFE. 
the Petitioner provided a job description, which stated that a bachelor's degree and '"2 to 3 years of 
years of hands on administrative support experience in a corporate setting'' is required for the 
position. On appeal, the Petitioner states that the proffered position can be performed only by an 
individual with a degree in business management, accounting economics, finance or psychology. No 
explanation for these inconsistencies was provided by the Petitioner. 
Furthermore, there are additional discrepancies and inconsistencies in the record of proceedings with 
regard to the Beneficiary's rate of pay. For instance, on the Form 1-129 and Labor Condition 
Application (LCA), the Petitioner stated that the Beneficiary would be paid $35.000 a year. 
However, in the offer letter dated February 4, 2015, the Petitioner stated that the Beneficiary's 
compensation would be $16.48 per hour for approximately 35 hours per week, which is $29.993.60 
per year. The Petitioner did not acknowledge or provide any explanation for the discrepancy. 
In addition, the purpose of an RFE is to provide a petitioner with an opportunity to clarify whether 
eligibility for the benefit sought has been established. 8 C.F.R. § 103.2(b)(8). When responding to 
an RFE, the Petitioner cannot materially change the position's level of authority within the 
organizational hierarchy or the associated job responsibilities. Rather. the Petitioner must establish 
that the position offered to the Beneficiary when the petition was filed merits classification for the 
benefit sought. See Matter of Michelin Tire C01p., 17 I&N Dec. 248, 249 (Reg'l Comm 'r 1978). If 
significant changes are made, the Petitioner must file a new petition rather than seek approval of a 
petition that is not supported by the facts in the record. Here, in response to the RFE, the Petitioner 
added new supervisory responsibilities to the Beneficiary's duties such as: (1) supervise and 
evaluate graduate and undergraduate assistants: and (2) supervise interns preparing for a career in 
management or business administration assigned to the _ Thus. 
the Petitioner's description did not clarify or provide more specificity to the original duties of the 
position. but rather changed the Beneficiary's job responsibilities. 
Moreover, it must be noted that within the record of proceedings, the Petitioner has represented that 
the position requires a bachelor's degree in business management, accounting economics, finance 
and/or psychology. 
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 two 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 
5 
Matter of U-A-M-S-. Inc. 
highly specialized knowledge'' is essentially an amalgamation ofthese different specialties. Section 
214(i)(l)(B) ofthe Act (emphasis added). 
In other words. while the statutory '"the" and the regulatory ·'a'' both denote a singular ··specialty." 
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. See section 214(i)(l )(B) of the Act: 8 C.F.R. § 214.2(h)( 4 )(ii). This also includes 
even seemingly disparate specialties providing, again, the evidence of record establishes hovv each 
acceptable, specific field of study is directly related to the duties and responsibilities of the particular 
position. 
Here. the Petitioner has represented that a bachelor's degree in business management. accounting 
economics. finance and/or psychology is acceptable. The issue is that these fields cover numerous 
and various specialties. The Petitioner. who bears the burden of proof in this proceeding. does not 
establish either that these various degrees are all closely related fields or that a general degree in one 
of these fields is directly related to the duties and responsibilities of the particular position proffered 
in this matter. Accordingly. as the evidence of record does not establish a standard. minimum 
requirement of at least a bachelor's degree in a specific specialty. or its equivalent. for entry into the 
particular position, it does not support the proffered position as being a specialty occupation. 
Nevertheless, we will continue our evaluation and analysis of the evidence provided by the 
Petitioner. 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.2 Specifically. the record does not establish that the job duties require an educational 
background, or its equivalent, commensurate with a specialty occupation. 3 
A. First Criterion 
We tum first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent. is normally the minimum requirement for 
entry into the particular position. To inform this inquiry. we recognize the U.S. Department of 
Labor's (DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the 
duties and educational requirements of the wide variety of occupations that it addresses.--l 
2 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 The Petitioner submitted documentation to support the H-1 8 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. 
4 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http:l/www.bls.gov,ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is. the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfY the first criterion, however. the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
Matter ofU-A-M-S-, Inc. 
On the LCA submitted in support of the H-lB petition, the Petitioner designated the proffered 
position under the occupational category "Secretaries and Administrative Assistants, Except LegaL 
Medical and Executive;' corresponding to the Standard Occupational Classification code 43-6014.5 
We reviewed the section of the Handbook regarding the "Secretaries and Administrative Assistants" 
occupational category, including the section entitled ''How to Become a Secretary or Administrative 
Assistant.'' which describes the following preparation for the occupation:6 
High school graduates who have experience using computer software 
applications, such as word processing and spreadsheets, usually qualify for entry­
level positions. Although most secretaries learn their job in several weeks, many legal 
and medical secretaries require additional training to learn industry-specific 
terminology. Executive secretaries usually need several years of related \vork 
experience. 
Education 
High school graduates can take courses in word processing and office 
procedures at technical schools or community colleges. Some temporary placement 
agencies also provide training in word processing, spreadsheet, and database 
software. 
would normally have a minimum, specialty degree requirement, or its equivalent. for entry. 
5 The '"Prevailing Wage Determination Policy Guidance" issued by the DOL provides a description of the wage levels. 
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. The Petitioner classified the 
proffered position at a Level II wage. We will consider this selection in our analysis of the position. DOL ·s wage-level 
guidance specifies that a Level II designation is reserved for positions involving only moderately complex tasks 
requiring limited judgment. For additional information. see U.S. Dep't of Labor. Emp't & Training Admin .. Pre\'ililing 
Wage Determination Polic·y Guidance, Nonagric. Immigration Programs (rev. Nov. 2009). available at 
http://flcdatacenter.com/download!NPWHC _Guidance_ Revised _II_ 2009.pdf. A requirement for years of education 
and!or experience that are generally required as described in the O*NET Job Zones would be an indication that a wage 
determination at Level II would be proper classification for a position. 
The occupational category "Secretaries and Administrative Assistants," has been assigned an O*NET Job Zone 3, which 
groups it among occupations for which medium preparation is needed. More specifically, most occupation in this zone 
"require training in vocational schools, related on-the-job experience, or an associate's degree." See O*NET OnLine 
Help Center. at http://www.onetonline.org/help/online/zones, for a discussion of Job Zone 3. The designation of the 
proffered position at a Level II on the LCA suggests that the petitioner's academic and/or professional experience 
requirements for the proffered position would be equate to training in a vocational school, related on-the-job experience, 
or an associate's degree as stated for occupations designated as O*NET Job Zone 3. 
6 For additional information regarding the ''Secretaries and Administrative Assistants'' occupational category. see U.S. 
Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., Secretaries and 
Administrative Assistants, http://www.bls.gov/ooh/office-and-administrative-support/secretaries-and-administrative­
assistants.htm#tab-l (last visited Apr. 29, 20 16) 
(b)(6)
Matter ofU-A-M-S-, Inc. 
Some medical and legal secretaries learn industry-specific terminology and 
practices by attending courses offered at community colleges or technical schools. 
For executive secretary positions, employers increasingly prefer to hire those who 
have taken some college courses or have a bachelor's degree. 
U.S. Dep't of Labor. Bureau of Labor Statistics, Occupational Outlook Handbook. 2016-17 ed .. 
Secretaries and Administrative Assistants, http://www. bls. gov I oohl office-and -administrati vc­
support/secretaries-and-administrative-assistants.htm#tab-4 (last visited Apr. 29. 2016). 
The Handbook does not support the Petitioner's assertion that at least a bachelor's degree in a 
specific specialty, or its equivalent, is required for entry into this occupation. The Handbook reports 
that high school graduates who have experience using computer software applications usually 
quality for entry-level positions. In addition, the Handbook states that for executive secretary 
positions, employers increasingly prefer to hire those who have taken some college courses or have a 
bachelor's degree.7 Thus, the Handbook does not indicate that there are any degree requirements for 
these jobs. 
On appeal. the Petitioner submits printouts from and 
websites regarding administrative assistants in support of the claim that the proffered 
position requires at least a bachelor's degree. However. contrary to the purpose for which the 
printouts were submitted, the printouts do not establish that at least a bachelor's degree in a specific 
specialty, or its equivalent, is required for the position. For instance. the printout from 
states that the education required for administrative assistant positions is a high school diploma. In 
addition, states that "[a] high school diploma that includes some 
technology and business classes can prepare you for an entry-level administrative assistant position:' 
The evidence does not support the assertion that at least a bachelor's degree in a specific specialty, 
or its equivalent, is required. Thus. the Petitioner has not satisfied the criterion at 8 C.f.R. 
§ 214.2(h)(4)(iii)(A)(J). 
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 
7 A preference is not an indication of a requirement. 
8 
Matter of U-A-M-S-, Inc. 
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 support of the assertion that the proffered position is a specialty occupation under this criterion of 
the regulations, the Petitioner submits copies of job advertisements on appeal. However, upon 
review of the documents, we find that the Petitioner's reliance on the job announcements is 
misplaced. 
On the Form 1-129, the Petitioner stated that it is a nonprofit organization with five employees. The 
Petitioner also reported its gross annual income as $500,000 and its net annual income as $500,000. 
The Petitioner designated its business operations under the North American Industry Classification 
System (NAICS) code 541720.8 This NAICS code is designated for ''Research and Development in 
the Social Sciences and Humanities. "9 
For the Petitioner to establish that an organization in its industry is also similar under this criterion of 
the regulations, it must demonstrate that the Petitioner and the organization share the same general 
characteristics. Without such information, evidence submitted by the Petitioner is generally outside 
the scope of consideration for this criterion, which encompasses only organizations that are similar 
to the Petitioner. 
We will briet1y note that, without more, the job postings do not appear to involve organizations 
similar to the Petitioner.10 When determining whether the Petitioner and the organization share the 
same general characteristics, such factors may include information regarding the nature or type of 
organization, and, when pertinent, the particular scope of operations, as well as the level of revenue 
and staffing (to list just a few elements that may be considered). It is not sufficient for the Petitioner 
to claim that an organization is similar and in the same industry without providing a legitimate basis 
for such an assertion. 
We further observe that some of the advertisements do not appear to involve parallel positions. For 
example, one of the postings is for the position of executive assistant, which requires a degree and 
eight to ten years of experience. The Petitioner also submitted an advertisement for the position of 
8 According to the U.S. Census Bureau, NAICS is used to classify business establishments according to type of 
economic activity and, each establishment is classified to an industry according to the primary business activity taking 
place there. See http://www.census.gov/eos/wwwinaics/ (last visited Apr. 29. 2016). 
9 
The U.S. Department of Commerce, Census Bureau website describes this NAICS by stating. "This industry comprises 
establishments primarily engaged in conducting research and analyses in cognitive development, sociology. psychology. 
language, behavior. economic, and other social science and humanities research.'' U.S. Dep't of Commerce, U.S. Census 
Bureau. 2012 NAlCS Definition, 541720 - Research and Development in the Social Sciences and Humanities. 
http://www.census.gov/cgi-bin/sssd/naics/naicsrch (last visited Apr. 29, 20 16). 
10 
The postings include the following: (I) a staffing agency; (2) a company that "'designs and engineers connected 
products and solutions through consumers. automakers and enterprises worldwide''; (3) a company the furniture design 
industry"; (4) a company in the broadcasting industry; and (5) a company in the financial industry. It does not appear 
that the advertisements are from similar nonprofit organizations. 
9 
Matter of U-A-M-S-. Inc. 
executive assistant office of chief operating officer, which requires a degree and a minimum of five 
years of experience as an executive assistant. The Petitioner designated its proffered position as a 
wage level II position on the LCA.11 The advertised positions therefore appear to involve more 
senior positions than the proffered position. More importantly, the Petitioner has not sufficiently 
established that the primary duties and responsibilities of the advertised positions are parallel to 
those of the proffered position. 
In addition, none of the postings indicate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. 12 The job postings suggest, at best, that although a 
bachelor's degree is sometimes required for compliance analyst positions, a bachelor's degree in a 
spec{jic specialty (or its equivalent) is notY 
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. 14 That is, not every deficit of every job posting has been addressed. 
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. 
In support of its assertion that the proffered pos1t10n qualifies as a specialty occupation. the 
Petitioner described the proffered position and its business operations. We note that on appeaL the 
Petitioner states that it '"requires a Bachelor's Degree or higher for education and training for their 
Administrative Assistant to the Executive Director." However, we find that the Petitioner has not 
sufficiently developed relative complexity or uniqueness as an aspect of the proffered position. For 
11 As previously discussed, this designation indicates that the proffered position is a position for an employee who will 
only perform moderately complex tasks that require limited judgment relative to others within the occupation. 
12 As discussed, the degree requirement set by the statutory and regulatory framework of the H-1 8 program is not just a 
bachelor's or higher degree, but a bachelor's degree in a specific specialty that is directly related to the duties of the 
position. See section 214(i)(l)(b) ofthe Act and 8 C.F.R. § 214.2(h)(4)(ii). 
13 The Petitioner does not demonstrate what inferences, if any, can be drawn from these advertisements with regard to 
determining the common educational requirements for entry into parallel positions in similar organizations. See 
general~v Earl Babbie, The Practice ofSocial Research 186-228 (1995). That is, it cannot be found that such a limited 
number of postings that appear to have been consciously selected outweigh the findings of 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. 
1
~ The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. 
10 
(b)(6)
Matter ofU-A-M-S-. Inc. 
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 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. 15 
The record does not establish which of the duties, if any, of the proffered position would be so 
complex or unique as to be distinguishable from those of similar but non-degreed or non-specialty 
degreed employment. The evidence of record does not establish that this position is significantly 
different from other positions in the occupational category 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. 
In response to the RFE, the Petitioner claimed that the Beneficiary is well-qualified for the position. 
and references her qualifications. However, the test to establish a position 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 did not 
sufliciently develop relative complexity or uniqueness as an aspect of the duties of the position, and 
it did not identify any tasks that ar.e so complex or unique that only a specifically degreed individual 
could perform them. Accordingly, 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. 
The Petitioner stated in the Form 1-129 that it was established in (approximately 15 years prior 
to the filing ofthe H-lB petition) and that it has five employees. Upon review ofthe record, we tind 
that the Petitioner did not submit information regarding employees who currently or previously held 
15 Again, the Petitioner designated the proffered position on the LCA at a Level II wage level. This designation 
indicates that the proffered position is a position for an employee who will only perform moderately complex tasks that 
require limited judgment relative to others within the occupation. Such a designation is inconsistent with a claim that the 
duties of the position are complex and unique as such a position would likely be classified at a higher-level. such as a 
Level Ill (experienced) or Level IV (fully competent) position. requiring a significantly higher prevailing wage. 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.'' For additional information regarding wage levels as 
defined by DOL, see U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Poli(l' Guidance. 
Nonagric. Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/pdf 1 
NPWHC _Guidance_ Revised _II_ 2009.pdf. 
11 
Matter of U-A-M-S-, Inc. 
the position. The record does not establish that the Petitioner normally requires at least a bachelor's 
degree in a specific specialty, or its equivalent, directly related to the duties of the position. 
Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)( 4 )(iii)(A)(J). 
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. 
While the Petitioner provided a more detailed job description with in response to the RFE. the 
description does not establish that the duties are more specialized and complex than positions that 
arc not usually associated with at least a bachelor's degree in a specific specialty, or its equivalent. 
We also reiterate 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 (the second lowest of four assignable 
levels). Without further evidence. the Petitioner has not established that its proffered position is one 
with specialized and complex duties as such a position would likely be classified at a higher-level 
requiring a significantly higher prevailing wage. 16 
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)(..f). 
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 shO\v eligibility for the immigration benefit sought. Section 291 of the Act. 8 lJ .S.C. 
§ 1361: Matter o.fOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here. that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter <~(U-A-M-S-. Inc., ID# 17511 (AAO May 4. 2016) 
16 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 within the same occupation. Nevertheless. a low wage­
designation does not preclude a proffered position from classification as a specialty occupation. just as a high wage­
designation does not definitively establish such a classification. In certain occupations (e.g., doctors or lawyers). a Level 
II 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) ofthe Act. 
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