dismissed H-1B Case: Business Intelligence

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF V-BIS-, INC. DATE: OCT. 4, 2016 
APPEAL OF VERMONT SERVICE CENTER DECISION\ 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a business intelligence consulting firm, seeks to temporarily employ the Beneficiary as 
a "senior BI consultant" under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 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, Vermont Service Center, denied the petition. The! Director concluded that the 
Petitioner had not demonstrated that the proffered position qualifies as a specialty occupation 
. . I 
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. 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 
While she did not enter a finding on the matter, the Director questioned whether the labor condition application (LCA) 
corresponds to and supports the H-1 B petition. 
Matter of V-BIS-, Inc. 
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 ofthe following criteria to qualify as a specialty occupation: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Cherto.ff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the' duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-lB petition, the Petitioner stated that the Beneficiary will serve as a "senior BI consultant." 
In a letter submitted with the H-lB petition, the Petitioner provided the following description of the 
duties of the proffered position: 
• Liaise with business analysts to gather requirements and enhancements to develop 
BI solutions 
• Analyze data to identify business problems and provide solutions 
• Ensure that the design and operation of the BI solutions are appropriate to meet the 
information and decision support requirements of the business 
• Liaise with external IT support providers to ensure effective delivery of relevant 
services for BI solutions 
• Develop the appropriate solution, Reports or Cubes using the SAO BI Tools as per 
the technical specifications 
• Support and maintain existing database and BI systems 
• Implement changes to existing BI systems 
2 
(b)(6)
Matter of V-BIS-, Inc. 
• Ensure compliance with the defined standards and best practices and ensure optimal 
performance when released to the production environment 
• Maintain full documentation for BI solutions and related services together with 
associated communications documents 
• Ad hoc data analysis for internal users.2 
The Petitioner stated, "The nature of the job duties requires the skills and education of an individual 
with at least a Bachelor Degree in Computer Science, Information Systems, Engineering, 
Mathematics or a closely related field." 
In a letter submitted in response to a request for evidence (RFE) in this matter, the Petitioner 
provided the following additional description of the duties of the proffered position (note: errors in 
' ' 
the original text have not been changed): 
In his proposed role, [the Beneficiary] will be responsible for performing the 
following 
• With our Innovation Lab and Data Center Systems 
o Integrate [the Petitioner's] own products with our 
business intelligence infrastructure 
o Support · activities such as training, proof of concepts, 
product research & development, customer 
development, customer demonstrations and support 
o Liaise with executives and sales teams to periodically 
capture needs from the prospective customers and 
collaborate with product management team 
• For customers - ASP BI, SAP BOBJ, and SAP HANA 
Implementations and Support for our clients pursuant to the Purchase 
Support Agreements include 
o Provide Consulting and Implementation expertise for 
SAP BW and SAP Business Objects Rollout for its 
Executive Dashboards Program using our Products 
or 
o Support [the Petitioner ' s] Product Extensions 
Add-Ons installed in the client's SAP business objects 
environments 
2 These duty descriptions appear to have been copied, )'Vith only minor modifications, rrom a duty description contained 
in an online vacancy announcement at (last visited Sep. 29, 20 16) That 
announcement is for a vacancy in South AtTica. As the first duty description the Petitioner provided 
appears to be another position's duty description , rather than an in-depth description of the duties of the proffered 
position as they would be performed in the context of the Petitioner's operations, we will focus upon the second duty 
description, which was provided in response to the RFE. ' 
3 
Matter of V-BIS-, Inc. 
o Provide support and advisory on usability during US 
Central Time Zone to the client's IT and Business users 
team on supporting (the Petitioner's) extensions and 
also executive dashboards that are implemented by [the 
Petitioner]. 
o Liaise with users to gather requirements 
o Provide usability expertise of [the Petitioner's] products 
in customer data-warehouse environments 
o Develop and test pre-authored reports, dashboards and 
visualizations for customers 
o Implement performance tuning techniques to ensure 
best user experience 
o Provide support and maintenance for our products, 
which contractually requires support during US daytime 
• For [the Petitioner's] employees - Train [the Petitioner's other] 
employees on [the Petitioner's] Products on usability, performance and 
best practices 
• For Prospective Customers- Build Pre-Sales Demo and Explain our 
Product Features and Functionalities 
The Petitioner also provided the following table pertinent to the duties of the position: 
Activity Related Party %Time 
Customer Support by [The Petitioner's] Customers 50% 
answenng their questions on 
Usability, Performance and 
Techniques 
Provide Training and [The Petitioner] 10% 
Mentoring to [the Petitioner's 
other] Employees 
Build Pre-Sales Demo and Prospective Customers 30% 
Explain our Product Features 
and Functionalities 
As a Senior Consultant Mentor [The Petitioner's] (Internal 10% 
other r employees m our Pre R&D Project) 
Packaged Demos/Solutions 
project to showcase the value of 
our Product usmg our 
Innovation Labs like by loading 
Census Data, Economic 
Indicators, Oil and Gas 
Production Data, Publically 
Available Large Datasets. 
4 
_, 
Matter of V-BIS-, Inc. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 3 
Specifically, the record (1) does not describe the position's duties with sufficient detail; and (2) does 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 4 
A. First Criterion 
We tum 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 of the wide variety of occupations that it addresses. 5 
On the labor condition application (LCA) submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Computer Systems Analysts" 
corresponding to the Standard Occupational Classification code 15-1121. 6 The Handbook states the 
following with regard to the educational requirements of computer system analyst positions: 
Most computer systems analysts have a bachelor's degree in a computer-related field. 
Because these analysts also are heavily involved in the business side of a company, it 
may be helpful to take business courses or major in management information 
systems. 
3 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
4 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. 
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 classified the proffered position at a Level II wage (the second-lowest of four assignable wage levels). 
We will consider this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" 
issued by the DOL provides a description of the wage levels. A Level II wage rate is generally appropriate for positions 
in which the Petitioner expects the Beneficiary to 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://tlcdatacenter.com/download/NPWHC _Guidance ~Revised _'I I_ 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. 
5 
\ 
Matter of V-BIS-, Inc. 
Some employers prefer applicants who have a master's degree in business 
administration (MBA) with a concentration in information systems. For more 
technically complex jobs, a master's degree in computer science may be more 
appropriate. 
Although many computer systems analysts have technical degrees, such a degree is 
not always a requirement. Many analysts have liberal arts degrees and have gained 
programming or technical expertise elsewhere. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Computer Systems Analysts," http://www.bls.gov/ooh/computer-and-information-technology/ 
computer-systems-analysts.htm#tab-4 (last visited Sept. 29, 2P16). 
The Handbook does not support the assertion that at least a bachelor's degree in a specific specialty, 
or its equivalent, is normally the minimum requirement for these positions. This section of the 
narrative begins by stating that a bachelor's degree in a related field is not a requirement. The 
Handbook continues by stating that there is a wide-range of degrees that are acceptable for positions 
in this occupation, including general purpose degrees such as business and liberal arts. While the 
Handbook indicates that a bachelor's degree in a computer or information science field is common, 
it does not report that such a degree is normally a minimum requirement for entry into the position. 
According to the Handbook, many systems analysts have liberal arts degrees and have gained 
programming or technical expertise elsewhere. It further reports that many analysts have technical 
degrees. We observe that the Handbook does not specify a degree level (e.g., associate's degree, 
baccalaureate) for these technical degrees. Moreover, it specifically states that such a degree is not 
always a requirement. Thus, the Handbook does not support the claim that the occupational 
category of computer systems analyst 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, the 
record lacks sufficient evidence to support a finding that the particular position proffered here would 
normally have such a minimum, specialty degree requirement or its equivalent. 
When the Handbook does not support the proposition that a proffered'position is one that meets the 
statutory and regulatory provisions of a specialty occupation, it is incumbent upon the Petitioner to 
provide persuasive evidence that the proffered position more likely than not satisfies this or one of 
the other three criteria, notwithstanding the absence of the Handbook's support on the issue. In such 
cases, it is the Petitioner's responsibility to provide probative evidence (e.g., documentation from 
other objective, authoritative sources) that supports a finding that the particular position in question 
qualifies as a specialty occupation. Whenever more than one authoritative source exists, an 
adjudicator will consider and weigh all of the evidence presented to determine whether the particular 
position qualifies as a specialty occupation. 
Matter of V-BIS-, Inc. 
However, in this case, the record of proceedings does not contain sufficient persuasive documentary 
evidence from any other relevant authoritative source establishing that the proffered position's 
inclusion within the Computer Systems Analysts occupational category establishes the proffered 
position as, in the words of this criterion, a "particular position" for which "[a] baccalaureate or 
higher degree or its equivalent is normally the minimum requirement for entry." 
While the Petitioner's citation to DOL's Occupational Information Network (O*NET) is 
acknowledged, it does not establi~h that the proffered position qualifies as a specialty occupation 
under the first criterion, either. In general, O*NET is not particularly useful in determining whether 
a baccalaureate degree in a specific specialty, or its equivalent, is a standard entry requirement for a 
given position, as O*NET's Job Zone designations make no mention of the specific field of study 
from which a degree must come. Again, we interpret the tern1 "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. Furthermore, the Specialized Vocational 
Preparation (SVP) ratings, which are cited within O*Net's Job Zone designations, are meant to 
indicate only the total number of years of vocational preparation required for a particular position. 
The SVP ratings do not describe how those years are to be divided among training, formal education, 
and experience and do not specify the particular type of degree, if any, that a position would require. 
Further, we find that, to the extent that they are described in the record of proceedings, the numerous 
duties that the Petitioner ascribes to the proffered position indicate a need for a range of technical 
knowledge in the computer/IT field, but do not establish any particular level of formal, 
postsecondary education leading to a bachelor's or higher degree in a specific specialty as minimally 
necessary to attain such knowledge.· 
For the reasons explained above, 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. 
I. 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. 
7 
Matter of V-BIS-, Inc. 
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 degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) 
(quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, ,authoritative source) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. Also, there are no submissions from the industry's 
professional association indicating that it has made a degree a minimum entry requirement. 
Furthermore, the Petitioner did not submit any letters or affidavits from similar firms or individuals 
in the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." 
Nor do the job vacancy announcements submitted by the Petitioner satisfy this prong, as it is not 
clear that any of the advertised position could be considered ~'parallel" to the one proffered here. For 
example, all seven of the advertised positions require work experience - one as much as "seven to 
ten" years. However, given the Petitioner's assertion made via the LCA that the Beneficiary would 
perform only moderately complex tasks requiring limited exercise of judgment, it appears that these 
positions are much more "senior" than the one proposed for the Beneficiary. Furthermore, while the 
job vacancy announcements all state a requirement for at least a bachelor's degree, few of them 
require that the degree be in a specific specialty. 
Thus, the evidence of record does not establish that a requirement of a bachelor's or higher degree in 
a specific specialty, or its equivalent, is common to parallel positions with organizations that are in 
the Petitioner's industry and otherwise similar to the Petitioner. The Petitioner has not, therefore, 
satisfied the criterion of the first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
12. 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 of the 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 
8 
Matter of V-BIS-, Inc. 
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. The 
record lacks sufficiently detailed information to distinguish the proffered position as more complex 
or unique from other positions that can be performed by persons without at least a bachelor's degree 
in a specific specialty, or its equivalent. 
There is also the matter of the LCA. As noted, the Petitioner attested on the submitted LCA that the 
wage level for the proffered position is a Level II wage. Such a wage level is for a position in which 
the Beneficiary would perform moderately complex tasks requiring limited judgment. 7 
Therefore, the evidence of record does not establish that this position is significantly different from 
other positions in the occupation 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 concluded that the 
Petitioner has satisfied the secon? 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 that the Beneficiary's job title would be "Senior BI Consultant" and that the 
position corresponds to a wage Level II computer systems analyst position. However, the record 
contains an organizational chart of the Petitioner's operations which indicates that his position title 
would be called "Data Center Systems Analyst & Product Supplier." The Petitioner has not 
7 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 within 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 lawyers, 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 determination of whether a 
proffered position meets the requirements of section 214(i)(l) of the Act. 
9 
Matter of V-BIS-, Inc. 
explained the change in position title, and whether it is indicative of any substantive change in the 
Beneficiary's duties. 
Doubt cast on any aspect of the petitioner's proof may, of course, lead to a reevaluation of the 
reliability and sufficiency of the remaining evidence offered in support of the visa petition. Matter 
of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). It is incumbent upon the petitioner to resolve any 
inconsistencies in the record with independent objective evidence, and attempts to explain or 
reconcile such inconsistencies, absent competent obje~tive evidence pointing to where the truth, in 
fact, lies, will not suffice. !d. At 591-592. 
In any event, in a letter submitted in response to the RFE, the Petitioner stated: "The Beneficiary 
will be placed on a team of five other professionals, all of whom possess bachelor's degrees in an 
area related to their specialty." However, whether others on the Beneficiary's team possess a 
bachelor's degree is not directly relevant to the education required by the proffered position, as 
positions on the same team could have very different entry requirements. 
The Petitioner previously designated the proffered position a Senior BI Consultant position. The 
organizational chart does not indicate that the Petitioner employs any senior BI consultants. The 
organizational chart indicates that the Beneficiary's position title is Data Center Systems Analyst & 
Product Supplier. It does not indicate that the Petitioner employs any other data center systems 
analyst and product suppliers. 
Although the H -1 B petition states that the Petitioner was founded in 2010 and has 21 employees, the 
Petitioner has not demonstrated the educational qualifications of anyone whom it employs, or has 
previously employed, as either a senior BI consultant or a data center systems analyst and product 
supplier. The Petitioner has not demonstrated that it normally requires a minimum of a bachelor's 
degree in a specific specialty or its equivalent for the proffered 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. 
Certain descriptions of the duties of the proffered position, such as integrating the Petitioner's 
products with its business intelligence infrastructure; supgorting such activities as training, proof of 
concepts, product research and development; and liaising with executives and sales teams to 
periodically capture needs from the prospective customers and collaborate with product management 
team, contain insufficient indication 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. In other words, the proposed duties have not been described with 
10 
Matter of V-BIS-, Inc. 
sufficient specificity to show that they are more specialized and complex than systems analyst 
positions that are not usually associated with at least a bachelor's degree in a specific specialty or its 
equivalent. 
Relative specialization and complexity have not been sufficiently developed by the Petitioner as an 
aspect of the proffered position. We again 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 (the 
second lowest of four assignable levels) wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. Upon review of the totality of the record, the Petitioner has not 
established that the nature of the specific duties is so specialized and complex that the knowledge 
required to perform the duties is usually associated with the attainment of a baccalaureate or higher 
degree in a specific specialty, or its equivalent. Therefore, the Petitioner has not satisfied the fourth 
criterion art 8 C.F.R. § 214.2(h)(4)(iii)(A). 8 
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. 9 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofV-BIS-, Inc., ID# 124774 (AAO Oct. 4, 2016) 
8 In response to the RFE, the Petitioner provided numerous master service agreements, statements of work, and 
agreements to support software, executed by the Petitioner and a customer. In the decision of denial, the Director found 
that those documents do not demonstrate that the Petitioner has specialty occupation work for the Beneficiary to perform. 
Although we do not disagree with the Director's finding, we find that, as is shown above, an analysis of those documents 
is unnecessary to a determination that the proffered position has not been shown to qualify as a specialty occupation 
position. 
9 As this issues precludes approval of the petition we will not address any of the additional issues we have observed in 
our review of this matter, except to note that the current record does not establish that the LCA corresponds to and 
supports the H-1 8 petition. 
I I