dismissed H-1B Case: Business Development

MATTER OF M-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 31,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a digital health technology company, seeks to temporarily employ the Beneficiary as a 
"business development associate" under the H-1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(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 had not demonstrated: (I) that the proffered position is a specialty occupation position, 
and (2) that the Beneficiary is qualified to perform the duties of the proffered position. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the evidence of record satisfies all evidentiary requirements. 
Upon de novo review, we will dismiss the appeal. 
I. SPECIALTY OCCUPATION 
A. Legal Framework 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 1 
1 
As indicated, the "specific specialty" language is contained in the statute. As we have no authority to review acts of 
Matter of M-A-, Inc. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) states, in pertinent part, the following: 
Specialty occupation means· an occupation which [ ( 1)] requires theoretical and 
practical application of a body of highly specialized knowledge in fields of human 
endeavor including, but not limited to, architecture, engineering, mathematics, 
physical sciences, social sciences, medicine and health, education, business 
specialties, accounting, law, theology, and the arts, and which [(2)] requires the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as 
a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, a proposed position 
must meet one of the following criteria: 
(1) A baccalaureate ~r 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 a 
baccalaureate or higher degree. ' 
As a threshold issue, it is noted that 8 C.F.R. § 214.2(h)(4)(iii)(A) must logically be read together 
with section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). In other words, this regulatory 
language must be construed in harmony with the thrust of the related provisions and with the statute 
as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (holding that construction 
oflanguage which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Federal Sav. And Loan Ins. Corp., 489 U.S. 561 (1989); Matter qf"W­
F-, 21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(iii)(A) 
should logically be read as being necessary but not necessarily sufficient to meet the statutory and 
regulatory definition of specialty occupation. To otherwise interpret this section as stating the 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
particular positions meeting a condition under 8 C.F.R. § 214.2(h)(4)(iii)(A) but not the statutory or 
regulatory definition. See Defensor v. Meissner, 201 F.3d 387. To avoid this result, 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A) must therefore be read as providing supplemental criteria that must be met in 
Congres,s, we will not address the Petitioner's assertion that Congress did not intend to include this language when it 
passed the statute. 
2 
(b)(6)
Matter of M-A-, Inc. 
accordance with, and not as alternatives to, the statutory and regulatory definitions of specialty 
occupation. 
As such and consonant with section 214(i)(l) of the Act and the regulation at 8 C.F.R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets 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 proffered position . See 
Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (l s1 Cir. 2007) (describing "a degree requirement in 
a specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). Applying this standard, USC IS regularly approves H-1 B petitions for qualified foreign 
nationals who are to be employed as engineers, computer scientists, certified public accountants, 
college professors, and other such occupations. These professions, for which Petitioners have 
regularly been able to establish a minimum ent~y requirement in the United States of a baccalaureate 
or higher degree in a specific specialty or its equivalent directly related to the duties and 
responsibilities of the particular position , fairly represent the types of specialty occupations that 
Congress contemplated when it created the H -1 B visa category. 
To determine whether a particular job qualifies as a specialty occupation , USCIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of 
the petitioning entity's business operations, are factors to be considered. USCIS must examine the 
ultimate employment of the foreign national , and determine whether the position qualifies as a 
specialty occupation. See generally Defensor, 201 F. 3d 384. The critical element is not the title of 
the position nor an employer's self-imposed standards , but whether the position actually requires the 
theoretical and practical application of a body of highly specialized knowledge, and the attainment 
of a baccalaureate or higher degree in the specific specialty as the minimum for entry into the 
occupation, as required by the Act. 
B. The Proffered Position 
In the H -1 B petition, the Petitioner stated that the Beneficiary will serve as a "business development 
associate." The Petitioner provided the following description of the duties of the pro tiered position: 
[The Beneficiary] will plan and conduct market research studies 
supporting our 
company ' s business model, as well as conduct technology feasibility analysis to 
evaluate the strengths and short comings of the technology. He will compile 
market data to identify the size and scope of proposed target markets in order to 
increase revenues, and participation of hospitals, CR centers, and patients. Through 
in-depth research and statistical analysis of digital healthcare trends , he will identify 
new target markets and will recommend strategies for penetrating these markets. He 
will establish appropriate research methodologies and designs formats for data 
gathering, such as surveys and questionnaires. He will design , administer and 
analyze customer surveys to assess customers' needs and preferences , as well as 
determine the product-market-fit using customer discovery process by interviewing 
3 
(b)(6)
Matter of M-A-, Inc. 
potential customers . He will assess customers' preferences for 
services. 
and its related 
As to the educational requirements of the proffered position, the Petitioner stated, "Knowledge 
[pertinent to the duties of the proffered position] is normally acquired through the attainment of at 
least a Bachelor's degree in Engineering Management, Business Administration, Marketing, 
Economics or a closely field discipline." [sic] Subsequently, the Petitioner provided the following 
additional description of the duties of the proffered position : 
Responsibilities of the Business Development Associate 
1. Strategy and Marketing Analysis and Development (Approximately 20%) ' . 
As a leading member of [the Petitioner's] business development team, [the Beneficiary] 
will play a key role in strategy and marketing analysis and development for the company. 
As a Business Development Associate, [the Beneficiary' s] responsibilities will have a 
direct impact op the direction of the company 's business development efforts, including 
executing marketing strategies and supporting the company's business model, as well as 
conducting technology feasibility analysis to evaluate the strengths and short comings of 
the technology. [The Beneficiary] will develop and document mobile and backend 
infrastructure requirements to create successful customer sales and work with the product 
team within the company to plan and manage product features. He will compile market 
% of 
Time 
data to identify the size and scope of proposed target markets and will recommend 20% 
strategies for penetrating these markets. He will establish appropriate research 
methodologies and design formats for gathering data, including surveys and 
questionnaires . 
[The Beneficiary] will also research potential hardware vendor partnerships ( , 
), service partnerships (home health agencies), and cross-licensing 
partnerships with other organizations, including the and the 
He will work with 
stakeholders in these organizations to create policy directives. [The Beneficiary] will 
actively reacl-cout to third parties for collaborative opportunities in new project. He will 
also assist company efforts in intellectual property evaluation , license negotiation, and 
patent filings. He will aid the 'company in legal and accounting matters as pertaining to 
· customer sales, marketing, and business development. 
2. Sales Material Generation (Approximately 35%) 
[The Beneficiary] will generate economic and business validation of new product lines 
and help identify the product risks and unc,ertainty for its new features. He will also 
identify the document performance metrics for performance rollout, sales, and customer 
Sl.lpport teams. [The Beneficiary] will implement and curate customer relationship 
4 
(b)(6)
Matter of M-A-, Inc. 
management software and respond to inquiries by customers in the company sales funnel. 
[The Beneficiary] will also be responsible for evaluating the company's marketing 
actions, for developing systems to monitor its marketing performance, and for determining 35% 
the advisability of adding new services. He will research different . strategic marketing 
approaches for increasing an awareness of the company's technology. He will also 
conduct research to identify local, regional, and national markets into which the company 
can expand, and will recommend marketing strategies that will impact on these targeted 
markets. [The Beneficiary] will design and implement cold-calling strategies to generate 
new customer leads to help the company with consistent deal flow. He will implement 
inbound marketing strategies, including branding, marketing collateral, conference 
handouts, and case-study generation. [The Beneficiary] will assist in the coordination of 
trade show logistics'. He will work with other employees in organizing webinars and 
special events. He will also assist the company outreach through media platforms, 
including social media platforms. 
3. Customer Feedback and Feature Management (Approximately 40%) 
[The Beneficiary l will design, administer , and analyze customer surveys to assess 
customer needs and preferences, researching alternative platforms and competitive 
landscapes, as well as determining the product-market fit using customer discovery 
processes by -interviewing potential customers . [The Beneficiary] will assess client 
preference for and its related services. He will also create feasibility models for 
customer deployments and generate product pricing strategies that can result in successful, 40% 
signed customer contracts. He will assist in writing customer case studies and marketing 
documents that can be used in the company 's sales processes. [The Beneficiary] will 
create follow-up reports and customer case studies that are designed to assess the impact 
of customer rollouts. Based on customer feedback, [the Beneficiary] will document and 
work with the product team to manage and implement new features and create product 
alternatives. [The Beneficiary] will use customer feedback to assist the product team in 
the development of wire-frame, high fidelity designs and prototypes and planning agile 
product workflow . 
5. [sic] Fundraising Implementation (Approximately 5%) 
[The Beneficiary] will play an essential role in augmenting existing fundraising efforts 
and establishing new relationships and fundraising channels. He will design and 
implement a comprehensive fundraising strategy to advance the business goals of [the 
Petitioner]. He will assist in creating business models, marketing, and financial 5% 
forecasting pitches. He will be responsible for implementing a full range of fundraising 
efforts critichl to ·generating new partnerships, retaining existing supporters and investors, 
and maximizing partner and board funding for [the Petitioner]. ,... [The Beneficiary] will 
engage investors and company stakeholders for questions related to market evaluation, 
strategy, sales, and customer support operations , financials , and partnerships. 
5 
Matter of M-A-, Inc. 
C. Analysis 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation.2 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation.3 
Before analyzing the proffered position under the four criteria described at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A), we will first discuss a preliminary finding we have made that independently 
preclude a finding that the proffered position is a specialty occupation. 
As noted, the Petitioner has stated that a bachelor's degree in engineering management, business 
administration, marketing, economics, or a closely related field would adequately prepare an 
individual to perform the duties of the proffered position. However, the requirement of a bachelor's 
degree in business administration is inadequate to establish that a position qualifies as a specialty 
occupation. A petitioner must demonstrate that the proffered position requires a precise and specific 
course of study that relates directly 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 Matter of Michael Hertz Assocs., 19 I&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)( 1) 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 explained above, USCIS interprets 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. USCIS has consistently stated that, 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, without more, will not justify a finding that a particular position qualifies 
for classification as a specialty occupation. Royal Siam, 484F.3d at 147.4 For this reason alone, the 
proffered position is not a specialty occupation. 
2 Although some aspects ofthe regulatory criteria may overlap, we will address each of the criteria individually. 
3 The Petitioner submitted documentation to support the H-1 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. 
4 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam 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 particular 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 'I v. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000); Shanti, 36 F. 
Supp. 2d at 1164-66; cf Matter of Michael Hertz Assocs., 19 I & &N Dec. 558,560 ([Comm'rJ 1988) 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
6 
Matter of M-A-, Inc. 
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). 
1. 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.5 
On the labor condition application (LCA)6 submitted in support of the H-1B 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. 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
!d. 
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 have 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. 
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. 
5 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
6 
The Petitioner is required to submit a certified LCA to USCIS 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). 
7 
Matter ofM-A-, Inc. 
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. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion and 
marketing research. Individuals must complete 20 hours of industry-related 
continuing education courses every 2 years to renew their certification. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Market Research Analysts," http://www.bls.gov/ooh!business-and-financial/market-research­
analysts.htm#tab-4 (last visited Jan. 30, 20 17). 7 
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. 
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 a .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. 
In gen~ral, 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 
7 The Petitioner also submits information from the Handbook regarding several other occupational categories. That 
information is not directly relevant here, because those are not the occupational categories for which the LCA was 
certified. In any event, we observe that none of those occupations require a bachelor's degree in a specific specialty, or 
the equivalent. 
8 
Matter of M-A-, Inc. 
/ 
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 knowledge is essentially an amalgamation of these different specialties.8 Section 
214(i)(1)(B) ofthe Act (emphasis added). 
Here, although the Handbook indicates that a bachelor's or higher degree· is required, it also 
indicates that baccalaureate degrees in various fields are acceptable for entry into the occupation. In 
addition to recognizing degrees in disparate fields, i.e., social science and computer science as 
acceptable for entry into this field, the Handbook also states that "[ o ]thers have backgrounds in 
business administration .... " U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational 
Outlook Handbook, 2016-17 ed., "Market Research Analysts" http://wv.-w.bls.gov/oohlbusiness-and­
financiallprint/market-research-analysts.htm (last visited Jan. 30, 2017). As noted above" 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, without more, will not justify a finding 
that a particular position qualifies for classification as a specialty occupation. Royal Siam, 484 F.3d 
at 14 7. Therefore, the Handbook's recognition that a general, non-specialty "background" in 
business administration is sufficient for entry into the occupation suggests that a bachelor's degree in 
a specific specialty is not a standard, minimum entry requirement for this occupation. Accordingly, 
as the Handbook indicates that working as a market research analyst 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. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher. Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
credential is granted by the Marketing Research Association - now known as the Insights 
Association9 -to those who pass an exam and have at least 3 years of experience working in opinion 
and market research. 1 0 
8 Whether read with the statutory "the" or the regulatory "a," both readings denote a singular "specialty." Section 
214(i)(l )(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. As just stated, this also includes even seemingly disparate specialties provided the 
evidence or' record establishes how each acceptable, specific field of study is directly related to the duties and 
responsibilities of the particular position. ' 
9 The Marketing Research Association merged with the Council of American Survey Research Organizations in January 
2017 to become the Insights Association (lA). See http://www.insightsassociation.org/about (last visited Jan. 30, 2017). 
l;he Insights Association is therefore the successor to the Marketing Research Association. 
10 The Insights Association website states that it "strives to effectively represent, advance, and grow the research 
profession and industry." For additional information, see http://www.insightsassociation.org/about (last visited Jan. 30, 
2017). 
9 
.-------------------- ----
Matter of M-A-, Inc. 
We, ·reviewed the Insights Association's website, which_ confirms the Handbook's statement 
regarding the requirements for professional certification (i.e., passage of an exam and three years of 
relevant industry experience), and further specifies that the "Education" necessary to apply for 
professional certification is "12 industry-related education hours within the two preceding years." 
The Insights Association website provides the following information about the Professional 
Researcher Certification program: · 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing research profession:-·to raise competency, 
establish an objective measure of an individual's knowledge and proficiency and to 
encourage professional development. 
Insights Ass'n, http://www.insightsassociation.org/advance-career/prc/get-certified (last visited Jan. 
30,2017). ' 
In the "frequently asked questions" section, the website further states: 
!d. 
The benefits of a Certification program are both industry-wide and individual. For the 
individual, it is a means of differentiating oneself, a "badge" of competence in the 
· given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
The Insights Association emphasizes that the credentialing program encourages the highest 
standards within the profession, establishes an objective measure of an individual's knowledge and 
proficiency, and encourages professional development. According to the association's website, the 
credential provides an individual "a badge" of competence in the given areas and that the individual 
is current in knowledge and experience. The narrative continues by stating that the credential 
provides a vehicle for developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. The website does not indicate that the market 
research analyst positions have any particular academic requirements for entry, nor does it indicate 
that these positions require any particular level of education to be identified as qualified and 
possessing a level of expertise/competence. In fact, it states that PRC is "a powerful tool for 
individual researchers of all levels of work experience and education." 
Thus, the Handbook and the Insights Association website do 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 (which it does not), 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. 
10 
Matter of M-A-, Inc. 
To satisfy this requirement, the Petitioner cited the Occupational Information Network Online 
(O*NET), stating that it indicates that the position of market research analyst is a Job Zone 4 
position that requires a bachelor's degree as a minimum entry requirement. 
Contrary to the assertions of the Petitioner, O*NET does not state a requirement for a bachelor's 
degree for this occupation. Rather, it assigns this occupation a Job Zone "Four" rating, which 
groups it among occupations for which "most ... require a four-year bachelor's degree, but some do 
not." O*NET Summary Report for "13-1161 - Marketing Research Analysts and Marketing 
Specialists" http://www.onetonline.org/linklsummary/13-1161.00 (last visited Jan. 30, 20 17); 
O*NET Help - Job Zones, http://www.onetonline.org/help/online/zones (last visited Jan. 30, 
2017). Further, O*NET does not indicate that the 4-year bachelor's degrees that may be required by 
some Job Zone Four occupations must be in a specific specialty directly related to the 
occupation. Therefore, O*NET information does not satisfy the first criterion. 
Next, we note that the Petitioner cites to Residential Finance Corp. v. USCIS, 839 F. Supp. 2d 985 
(S.D. Ohio 2012), for the proposition that "[t]he knowledge and not the title of the degree is what is 
important. Diplomas rarely come bearing occupation-specific majors. What is required is an 
occupation that requires highly specialized knowledge and a prospective employee who has attained 
the credentialing indicating possession of that knowledge." 
We agree with the aforementioned proposition that "[t]he knowledge and not the title of the degree is 
what is important." 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),"
1
unless the Petitioner 
establishes how each field is directly related to the duties and respon~ibilities of the particular 
position such that the required body of highly specialized knowledge is essentially an amalgamation 
of these different specialties. Section 214(i)(1)(B) of the Act (emphasis added). For the 
aforementioned reasons, however, the Petitioner has not met its burden to establish that the particular 
position offered in this matter requires a bachelor's or higher degree in a specific specialty, or its 
equivalent, directly related to its duties in order to perform those tasks. 
In any event, the Petitioner has furnished no evidence to establish that the facts of the instant petition 
are analogous to those in Residential Finance. 11 We also note that, in contrast to the broad 
11 
It is noted that the district judge's decision in that case appears to have been based largely on the many factual errors 
made by the Director in the decision denying the petition. We further note that the Director's decision was not appealed 
to us. Based on the district court's findings and description of the record, if that matter had first been appealed through 
the available administrative process, we may very well have remanded the matter to the service center for a new decision 
1 1 
Matter of M-A-, Inc. 
precedential authority of the case law of a United States circuit court, we are not bound to follow the 
published decision of a United States district court in matters arising even within the same 
district. See Matter of K-S-, 20 I&N Dec. 715, 719-20 (BIA 1993). Although the reasoning 
underlying a district judge's decision will be given due consideration when it is properly before us, 
the analysis does not have to be followed as a matter of law. !d. It is important to note that in a 
subsequent case reviewed in the same jurisdiction, the court agreed with our analysis of Residential 
Fin. Corp. See Health Carousel, LLC v. US. Citizenship & Immigration Services, No. 1: 13-CV -23, 
2014 WL 29591 (S.D. Ohio 2014). 
For all of these reasons, we find that the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(1). 
2. 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. 
a. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requirement, factors often considered by USC IS 
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 de greed 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.l989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. Also, there are no submiss'ions 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 
for many of the same reasons articulated by the district court if these errors could not have been remedied by us in our de 
novo review of the matter. 
12 
Afatter of M-A-, Inc. 
in the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." 
I 
The Petitioner did provide vacancy announcements placed by other companies on popular job search 
websites as evidence pertinent to this criterion. For example, the announcements include a company 
that conducts opinion polling, a Hollywood production company, a feature film developer, a solar 
energy business, a juvenile furnishings designer and manufacturer, a CPA firm, an apparel business, 
a commercial cleaner, and a medical center. However, without further information, the 
advertisements appear to be for organizations that are not similar to the Petitioner (and in the same 
industry), and the Petitioner has not provided probative evidence to suggest otherwise. That is, the 
Petitioner did not provide sufficient information to establish that it shares the same general 
characteristics, as well as information regarding which aspects or traits (if any) it shares with the 
advertising organizations. 
Moreover, the Petitioner submitted several listings which do not provide any information about the 
advertising employers. The postings lack sufficient information regarding the employers' business 
operations to conduct a legitimate comparison of the organizations to the Petitioner. 
Further, the vacancy announcements do not state a requirement of a minimum of a bachelor's degree 
in a specific specialty or its equivalent. For example, some announcements state a requirement for a 
bachelor's degree, but do not state that the requisite degree must be in any specific specialty, or its 
equivalent. Similarly, some require a master's degree, but do not require that the degree be in any 
specific specialty. Some vacancy announcements state a requirement for a bachelor's degree in a 
"related field" without indicating what fields the hiring authority would consider to be sufficiently 
closely related to the position. Further, some announcements state a requirement of a bachelor's 
degree in a wide variety of subjects (e.g. "statistics, mathematics, economics, engineering, 
information management, social sciences, or business/marketing related fields"). These 
announcements do not state a requirement for a minimum of a bachelor's degree in a specific 
specialty or its equivalent. 
Some vacancy announcements indicate that an otherwise unspecified bachelor's or master's degree 
in business administration would be a sufficient educational qualification for the positions they 
announce. Again, a requirement that may be satisfied by an otherwise undifferentiated degree in 
business administration is not a, requirement of a minimum of a bachelor's degree in a specific 
specialty or its equivalent. 
Finally, even if all of the vacancy announcements advertised parallel positions with organizations 
similar to the Petitioner and in the Petitioner's industry and stated a requirement for a minimum of a 
bachelor's degree in a specific specialty or its equivalent, we would still find that the Petitioner has 
not demonstrated what statistically valid inferences, if any, could be drawn from the announcements 
13 
Matter of M-A-, Inc. 
provided with regard to the common educational requirements for entry into parallel positions in 
similar organizations.
12 
The Petitioner has not, therefore, satisfied the criterion of the first alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
b. 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. 
A review ofthe record of proceedings finds that the Petitioner has not credibly demonstrated that the 
duties the Beneficiary will be responsible for or perform on a day-to-day basis constitute a position 
so complex or unique that it can only be performed by a person with at least a bachelor's degree in a 
specific specialty, or its equivalent. Even when considering the Petitioner's general descriptions of 
the proffered position's duties, the evidence of record does not establish why a few related courses 
or industry experience alone is insufficient preparation for the proffered position. 
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. 
Therefore, the evidence of record does not establish that this position is significantly different from 
other positions within the occupational category such that it refutes the Handbook's information to 
the effect that there is a spectrum of degrees acceptable for such positions, including degrees not in a 
specific specialty. In other words, the record lacks sufficiently detailed-information to distinguish 
the proffered position as unique from or more complex than positions that can be performed by 
persons without at least a bachelor's degree in a specific specialty, or its equivalent. As the 
Petitioner did not demonstrate how the proffered position is so complex or unique relative to other 
positions within the same occupational category that do not require at least a baccalaureate degree in 
a specific specialty or its equivalent for entry into .the occupation in the United States, it cannot be 
12 
USCIS "must examine each piece of evidence for relevance, probative value, and credibility, both individually and 
within the context of the totality of the evidence, to determine ~hether the fact to be proven is probably true." Matter of 
Chawathe, 25 I&N Dec. 369,376 (AAO 2010). As discussed, the Petitioner has not established the relevance ofthejob 
advertisements submitted to the position proffered in this case. Even if their relevance had been established, the 
Petitioner still would not have demonstrated what inferences, if any, can be drawn from these few job postings with 
regard to determining the common educational requirements for entry into parallel positions in similar organizations in 
the same industry. See generally Earl Babbie, The Practice of Social Research 186-228 (1995). ' 
14 
Matter of M-A-, Inc. 
concluded that the Petitioner has satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
3. 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 has not expressly asserted eligibility nor submitted evidence under this criterion. 13 The 
Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
4. 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 duties of the proffered position, such as marketing analysis and development, sales material 
generation, addressing customer feedback, and fundraising implementation, as they would be 
performed in the context of the Petitioner's business operations, have not been shown to be of a 
nature, so specialized and complex that they require knowledge usually associated with attainment of 
a minimum of a bachelor's degree in a specific specialty or its equivalent. 
Further, we see little in the record of proceedings to elevate the duties of the proffered position 
above those of typical positions located within the occupational category designated by the 
Petitioner. As noted, the Handbook does not indicate that the performance of the duties of such 
positions typically requires a bachelor's degree in a specific specialty, or the equivalent. 
For both reasons, we find that the evidence of record does not satisfy the fourth criterion at 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A). 
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 is a specialty occupation. 
13 This may be the first time the Petitioner has attempted to fill the proffered position. While a first-time hiring for a 
position would certainly not be a basis for precluding a position from recognition as a specialty occupation, it is unclear 
how an employer that has never recruited and hired for the position would be able to satisfY the criterion at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(3), which requires a demonstration that it normally requires at least a bachelor's degree in a specific 
specialty or its equivalent for the position. 
15 
Matter of M-A-, Inc. 
II. BENEFICIARY'S QUALIFICATIONS 
The remammg basis for the Director's decision is her finding that the Petitioner has not 
demonstrated that the Beneficiary is qualified for the proffered position. 
A beneficiary's credentials to perform a particular job are relevant only when the job is found to 
qualify as a specialty occupation. Because the proffered position has been found not to require a 
minimum of a bachelor's degree in a specific specialty or its equivalent, we are unable to analyze 
whether the Beneficiary has the specific degree required for the proffered position in any depth. 
However, we observe that if the Petitioner had demonstrated that the proffered position qualified as a 
specialty occupation position by virtue of requiring a minimum of a bachelor's degree in a specific 
specialty or its equivalent, it would also be obliged, in order for the H-1B petition to be approvable, 
to show that the Beneficiary has a minimum of a bachelor's degree or its equivalent in that specific 
specialty. 
III. CONCLUSION 
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 of M-A-, Inc., ID# 99464 (AAO Jan. 31, 2017) 
16