dismissed H-1B Case: Cash Management Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 7536622 
Appeal of California Service Center Decision 
Form I-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 6, 2020 
The Petitioner, a cash management services company, seeks to temporarily employ the Beneficiary as 
a "sales manager" under the H-IB nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific 
specialty ( or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation . 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred in denying 
the petition. Upon de nova review, we will dismiss the appeal. 1 
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. 
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 : 
1 We follow the preponderance of the evidence standard as specified in Matter ofChawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
(]) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" 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"). 
II. THE PROFFERED POSITION 
The Petitioner seeks to employ the Beneficiary as a sales manager. In response to the Director's request 
for evidence (RFE), the Petitioner provided a list of job duties for the proffered position, as follows: 
Provide technical consultations to our customers in order to position [the 9% 
Petitioner's] products and solutions: I l electronic money transaction 
~ switch, Automated Security Smart Vault Hardware I l[sic]), 
L___J custom developments, I . I the crypto currency for sending 
remittances th~ settled at our own A TM, A TM and Vending Machines 
Investments, L_____J to distribute advertisement and face recognition, 
Intelligent Cards solutions I I for Banks or any financial company 
whom provides [sic] plastic cards: debit or credit. 
Design and execute innovative sales strategies with a strong understanding of 6% 
how to effectively position our products and software solutions from both 
technical and functional perspective against our competition. 
Analyze customer computer and system user requirements based on SQL 8% 
Server, Microsoft IIS and VPN; analyze procedures, electronic transaction 
needs and problems in order to identify the proper customization of our I I 
solution and to present a technical and functional solution that meets the 
customer needs. 
Create and deliver the value added solution proposal based on the results of the 6% 
technical analysis previously assessed and mapping that analysis to the technical 
and business needs of the customer. Respond [to] RFPs and industry-specific 
RFis for the solutions. 
Prepare and deliver technical presentations and demonstrations case by case 4% 
based, that detailed explain [sic] our products and services to prospective 
2 
customers and investors and also current customers to keep them updated on 
our technology. 
Plan and execute technical proof of concepts for the customer's computer 6% 
installation/environment to be able to demonstrate our solution will perform 
according to their requirements. 
Determine system hardware and software requirements (sizing of blades, 9% 
servers, database, application servers and VPN) for the [Petitioner's] solutions 
to be properly installed in the customer IT environment. 
Provide pre- and post-technical consultation for customers to provide excellent 9% 
support for the products and solution serving as a liaison between the customer 
technical staff and [the Petitioner's] internal development team. 
Secure and renew orders and arrange delivery. 3% 
Provide support for the installation and set-up of the product or solution 9% 
delivered to the customer. 
Analyze and diagnose technical issues and malfunctions of the new installed 9% 
equipment: ATMs, Automated Vaults cash management and Electronic 
Transaction processor/platform I I 
Consult the Banking and Retail customers to identify the business needs for the 8% 
Intelligent Cards solutions. Determine the right technology protocol based on 
the customer business driver and business goals: SIM, Magistrate, RFID. 
Making sure it complies with the EMV standard, Visa, Master Card and PCI 
compliance. 
Prepare technical and commercial presentations for shows and exhibitions. 3% 
Provide technical and non-technical sales support and services to clients or other 4% 
staff members regarding the use, operation, and maintenance of equipment. 
Drive to increase the sales revenue and to meet and exceed sales goals by 4% 
identifying specific customer needs and providing the entire [Petitioner] 
products, solutions and services to the market. 
Develop the company's Sales Channel and Strategic Alliances ecosystem by 3% 
recruiting, training and managing sales partners in the Latin American region. 
On appeal, the Petitioner submits "an amended detailed job description" that elaborates on the specific 
skills and knowledge required for each of the Petitioner's products or solutions. 
The Petitioner indicated that the minimum entry requirement for the proffered position is a bachelor's 
degree, or equivalent, in computer information systems. 
III. ANALYSIS 
For the reasons set out below, we have determined that the proffered position does not qualify as a 
specialty occupation. Specifically, the record does not: (1) describe the proffered position in sufficient 
detail; and (2) establish that the job duties require an educational background, or its equivalent, 
commensurate with a specialty occupation. 2 
2 The Petitioner submitted documentation in support of the H-1 B petition, including evidence regarding the proffered 
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. 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. 3 
On the labor condition application (LCA) 4 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Sales Engineers" corresponding to 
the Standard Occupational Classification (SOC) code 41-9031. Thus, we reviewed the Handbook's 
subchapter entitled "How to Become a Sales Engineer," which states, in pertinent part, that sales 
engineers typically need a bachelor's degree in engineering or a related field but that a worker without 
a degree, but with previous sales experience as well as technical experience or training, may qualify 
for the position of sales engineer. 5 The Handbook also states that "workers who have a degree in 
science, such as chemistry, or in business with little or no previous sales experience, also may become 
sales engineers." 6 To prove that a job requires the theoretical and practical application of a body of 
highly specialized knowledge as required by section 214(i)(l) of the Act, a petitioner must establish 
that the position requires the attainment of a bachelor's or higher degree in a specialized field of study 
or its equivalent. The Handbook's report does not establish this standard. 
For example, the Handbook indicates that baccalaureate degrees in various fields ( engineering, 
science, or business) may be adequate for entry into this occupation. In general, provided the 
specialties are closely related, e.g., chemistry and biochemistry, a minimum of a bachelor's of 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. 7 In such a case, the required "body of 
highly specialized knowledge" would essentially be the same. Since there must be a close correlation 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 We do not maintain that the Handbook is the exclusive source ofrelevant information. That is, the occupational category 
designated by the Petitioner is considered as an aspect in establishing the general tasks and responsibilities of a proffered 
position, and we regularly review the Handbook on the duties and educational requirements of the wide variety of 
occupations that it addresses. To satisfy the first criterion, however, the burden ofproofremains on the Petitioner to submit 
sufficient evidence to support a finding that its particular position would normally have a minimum, specialty degree 
requirement, or its equivalent, for entry. 
4 A petitioner submits the LCA to DOL to demonstrate that it will pay an H-lB 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 duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
5 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Sales Engineers, 
https://www.bls.gov/ooh/sales/sales-engineers.htm (last visited Feb. 5, 2020). 
6 Id. 
7 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. This includes even seemingly disparate specialties provided the evidence of record 
establishes how each acceptable, specific field of study is directly related to the duties and responsibilities of the particular 
position. The Petitioner has not provided this evidence here. 
4 
between the required "body of highly specialized knowledge" and the position, however, a minimum 
entry requirement of a degree in disparate fields, such as engineering, science, and business, 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. Section 214(i)(l )(b ). 
The Handbook, therefore, does not support a conclusion that a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular 
position. 
The Petitioner also references DOL's Occupational Information Network (O*NET) summary report 
for "Sales Engineers," listed as SOC code 41-9031.00 for our consideration under this criterion. 
Though relevant, the information the Petitioner submits from O*NET does not establish the 
Petitioner's eligibility under the first criterion, as it does not establish that a bachelor's degree in a 
specific specialty, or the equivalent, is normally required. The summary report provides general 
information regarding the occupation; however, it does not support the Petitioner's assertion regarding 
the educational requirements for these positions. For example, the Specific Vocational Preparation 
(SVP) rating, which is defined as "the amount oflapsed time required by a typical worker to learn the 
techniques, acquire the information, and develop the facility needed for average performance in a 
specific job-worker situation," cited within O*NET's Job Zone designates this position as having an 
SVP 7 < 8. This indicates that the occupation requires "over 2 years up to and including 4 years" of 
training. 8 While the SVP rating provides the total number of years of vocational preparation required 
for a particular position, it is important to note that it does not describe how those years are to be 
divided among training, formal education, and experience - and it does not specify the particular type 
of degree, if any, that a position would require. 9 The O*NET summary report for this occupation also 
does not specify that a degree is required, but instead states, "most of these occupations require a four­
year bachelor's degree, but some do not." Similar to the SVP rating, the Job Zone Four designation 
does not indicate that any academic credentials for Job Zone Four occupations must be directly related 
to the duties performed. 
Further, we note that the summary report provides the educational requirements of "respondents," but 
does not account for 100% of the "respondents." The respondents' positions within the occupation 
are not distinguished by career level ( e.g., entry-level, mid-level, senior-level). Additionally, the graph 
in the summary report does not indicate that the "education level" for the respondents must be in a 
specific specialty. 10 A requirement for a bachelor's degree alone is not sufficient. Instead, we construe 
the term "degree" 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., 484 F.3d at 147 (describing "a 
degree requirement in a specific specialty" as "one that relates directly to the duties and responsibilities 
of a particular position"). 
8 This training may be acquired in a school, work, military, institutional, or vocational environment. Specific vocational 
training includes: vocational education, apprenticeship training, in-plant training, on-the-job training, and essential 
experience in other jobs. 
9 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/ 
online/svp. 
10 Nor is it apparent whether these credentials were prerequisites to these individuals' hiring. 
5 
O*NET, therefore, also 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. 
The record lacks sufficient probative evidence to support a finding that the proffered position is one 
for which a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the 
minimum requirement for entry. For the aforementioned reasons, 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. Thus, 
the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]). 
B. Second Criterion 
The second criterion presents two, alternative prongs: 'The degree requirement is common to the industry 
in parallel positions among similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an individual with a degree[.]" 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong casts its gaze upon the common 
industry practice, while the alternative prong narrows its focus to the Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. On appeal, 
the Petitioner does not contest this portion of the Director's decision denying the petition, nor does it 
submit new evidence to establish that a bachelor's degree in a specific specialty, or its equivalent, is 
common to the industry in parallel positions among similar organizations. Thus, the Petitioner has not 
satisfied the first alternative prong of 8 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. 
First, we reviewed the Petitioner's statements regarding the proffered position~ comparison to 
the Beneficiary's previously approved H-lB petition with a different Petitioner,L_J The Petitioner 
claims that~osition proffered here is similar to the position in the previously approved H-lB 
petition forl__Jand, as such, ~he pTffered position should also be approved here. However, while 
the Petitioner submits a copy o s description of its position to demonstrate that the positions are 
similar, we observe that the Petitioner's reliance on these similarities is misplaced. We are not required 
to approve applications or petitions where eligibility has not been demonstrated, merely because of 
prior approvals that may have been erroneous. See Matter of Church Scientology Int 'l, 19 I&N Dec. 
593, 597 (Comm'r 1988); see also Sussex Eng'g, Ltd. v. Montgomery, 825 F.2d 1084, 1090 (6th Cir. 
1987). Furthermore, we are not be bound to follow a contradictory decision of a service center. La. 
6 
Philharmonic Orchestra v. INS, No. 98-2855, 2000 WL 282785, at *3 (E.D. La. 2000), affd, 248 F.3d 
1139 (5th Cir. 2001). Therefore, we will rely solely on the Petitioner's description of the position 
proffered here. 
While the Petitioner briefly stated that the sales manager "will support the Business Units such as 
I 11 I D [sic],I 11 11 I and ATM & Vending Machines 
Networks," it has not sufficiently developed relative complexity or uniqueness as an aspect of the 
proffered position. That is, the Petitioner has not explained in detail how tasks such as: 
• provide technical consultations to customers in order to position Petitioner's products and 
solutions 
• design and execute innovative sales strategies 
• analyze customer computer and system user requirements based on SQL Server, Microsoft IIS 
and VPN 
• analyze procedures, electronic transaction needs and problems in order to identify the proper 
customization of I I solution 
• create and deliver the value added solution proposal based on the results of the technical 
analysis previously assessed 
• mapping analysis to the technical and business needs of the customer 
• respond to RFPs and industry specific RFis 
• prepare and deliver technical presentations and demonstrations case by case based 
• plan and execute technical proof of concepts for the customer's computer 
installation/ environment 
• determine system hardware and software requirements for the Petitioner's solutions to be 
properly installed in the customer IT environment 
• Provide pre- and post-technical consultation for customers 
• serve as a liaison between the customer technical staff and the Petitioner's internal 
development team 
• secure and renew orders and arrange delivery 
• provide support for the installation and set up of the product or solution delivered to the 
customer 
• analyze and diagnose technical issues and malfunctions of the new installed equipment 
• consult banking and retail customers to identify the business needs for the Intelligent Cards 
solutions 
• determine the right technology protocol based on the customer business driver and business 
goals 
• prepare technical and commercial presentations for shows and exhibitions 
• provide technical and non-technical sales support and services to clients or other staff members 
regarding the use, operation, and maintenance of equipment 
• drive to increase the sales revenue and to meet and exceed sales goals by identifying specific 
customer needs and providing the Petitioner's products, solutions, and services to the market 
• develop the company's sales channel and strategic alliances ecosystem by recruiting, training 
and managing sales partners in the Latin American region 
require the theoretical and practical application of a body of highly specialized knowledge. These 
listed duties, when read in combination with the evidence found in record of proceedings, suggests 
7 
that this particular position is not so complex or unique relative to other sales engineers that the duties 
can only be performed by an individual with a bachelor's degree or higher in a specific specialty, or 
its equivalent. 
On appeal, the Petitioner provides additional details about the specific products and services the 
Beneficiary would sell to customers. However, most of this new information pertains to the 
knowledge or skills required for carrying out the duties of the proffered position and does not explain 
how the job duties require the theoretical and practical application of a body of highly specialized 
knowledge. For example, the Petitioner adds information, relevant to the first listed duy, about 
I I a proprietary platform of the Petitioner. The Petitioner states that "forl ... the 
position will require to analyze the customers computer and technical requirements for the electronic 
payment processing by identifying and properly mapping to our platform the current industry 
standards, hardware & software and appropriate communication protocols." The Petitioner then 
identifies knowledge and skills required in order to perform the duties associated with I I but 
does not farther identify how the job duties or the position itself requires the theoretical and practical 
application of a body of highly specialized knowledge. 11 
Further, the Beneficiary's proposed job duties include collaborations with "customers" and the 
Petitioner's "internal development team." However, the Petitioner has not identified the individuals 
the Beneficiary would work with, or any "customers" the Beneficiary would support in the proffered 
position. 
Furthermore, on appeal, the Petitioner submits "sample presentations to illustrate the type of 
presentations that the Sales Manager is expected to give." We have reviewed the work samples 
submitted by the Petitioner. However, the Petitioner does not explain why the production of these 
documents would require a bachelor's degree, or the equivalent, in a spec[fic specialty. 12 
The Petitioner claims 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 sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position, and it did not identify any tasks 
that are 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. 
11 We note that the Petitioner provides similar language forl Li==] and I. 
12 Further, "preparing and delivering technical presentations" appears to amount to approximately 7% of the Beneficiary's 
time spent performing the listed duties. 
8 
On appeal, the Petitioner states that it "has always required that someone with a bachelor's degree 
work in the Sales Manager position because of the nature of the work." However, the Petitioner has 
not submitted any evidence in support of its assertions on the record. The record must establish that a 
petitioner's stated degree requirement is not a matter of preference for high-caliber candidates but is 
necessitated instead by performance requirements of the position. See Defensor, 201 F.3d at 387-88. 
Were we limited solely to reviewing a petitioner's claimed self-imposed requirements, an organization 
could bring any individual with a bachelor's degree to the United States to perform any occupation as 
long as the petitioning entity created a token degree requirement. Id. Evidence provided in support of 
this criterion may include, but is not limited to, documentation regarding the Petitioner's past recruitment 
and hiring practices, as well as information regarding employees who previously held the position. 
We conclude that the Petitioner did not provide sufficient documentary evidence to support the assertion 
that it normally requires at least a bachelor's degree in a specific specialty, or its equivalent, directly 
related to the duties of the position. The Petitioner has not satisfied the third criterion of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature of 
the specific duties is so specialized and 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. 
For reasons similar to those discussed under the second prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), we 
find that the Petitioner has not established that its proffered position is one with duties sufficiently 
specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). We incorporate our earlier 
discussion and analysis on this matter. 
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. 
IV. CONCLUSION 
The appeal will be dismissed for the above stated reasons. In visa petition proceedings, it is the 
petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
9