dismissed H-1B Case: Chandelier Manufacturing

(b)(6)
DATE: MAR 2 6 2015 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: VERMONT SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.P.R. § 103.5. Do not file a motion directly with the AAO. 
Ron R e erg 
Chief, Administrative Appeals Office 
www.uscis.gov 
----------------------------------------------- ----------------· --�-�---------
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Page 2 
DISCUSSION: The service center director (hereinafter "director") denied the nonimmigrant visa 
petition, and the matter is now before the Administrative Appeals Off ice on appeal. The appeal will 
be dismissed. The petition will be denied. 
On the Petition for a Nonimmigrant Worker (Form I-12 9), the petitioner describes itself as an 11-
employee "Manufacturer[] of residential chandeliers" established in In order to employ the 
beneficiary in what it designates as a "Market Research Analyst" position at an annual salary of 
$37,086, the petitioner seeks to classify him as a nonimmigrant worker in a specialty occupation 
pursuant to section 101( a)(15)( H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101 (a)(15)( H)(i)(b). 
The director denied the petition, finding that the petitioner failed to establish that it would employ 
the beneficiary in a specialty occupation position. On appeal, the petitioner asserts that the director's 
basis for denial was erroneous and contends that the petitioner satisfied all evidentiary requirements. 
As will be discussed below, we have determined that the director did not err in her decision to deny 
the petition on the specialty occupation issue. Accordingly, the director's decision will not be 
disturbed. The appeal will be dismissed, and the petition will be denied. 
We base our decision upon our review of the entire record of proceeding, which includes: 
(1) the petitioner's Form I-129 and the supporting documentation filed with it; (2) the service center's 
request for additional evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's 
denial letter; and (5) the Form I-290B and the petitioner's submissions on appeal. 
I. PROC EDURAL AND FACTUAL BACKGROUND 
As noted above, the petitioner describes itself as an 11-employee "Manufacturer[] of residential 
chandeliers" established in The Labor Condition Application (LCA) submitted to support the 
visa petition states that the proffered position is a Market Research Analyst position, and that it 
corresponds to Standard Occupational Classification (SOC) code and title 13-1161, Market 
Research Analysts and Marketing Specialists, from the Occupational Information Network 
(O*NET). The LCA further states that the proffered position is a Level I, entry-level, position. 
With the visa petition, the petitioner submitted evidence that the beneficiary was awarded a 
bachelor's in technology by the · and a higher technician diploma in business by 
the An evaluation in the record, prepared by states that the 
beneficiary's education is equivalent to a "U.S. Associate's degree (two-year program). " 
The petitioner also provided evidence pertinent to the beneficiary's employment experience. An 
evaluation in the record, prepared by Dr. ' states that the beneficiary's education 
and employment experience, considered together, are equivalent to a U.S. bachelor's degree in 
business administration with a concentration in marketing. In a letter provided with that evaluation, 
Dr. stated: 
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I review transcripts and other documentation of applicants to 
(an accredited university) and have advisory authority to grant college­
level credit for training and/or experience in the field of business administration. 
The petitioner also submitted letters, dated January 31 , 20 14 and March 20, 20 14, from 
signing as the petitioner's president. 
In his January 31 , 2014 letter, Mr. 
identified the petitioner as 
identified himself as the petitioner's president and 
In the March 20, 2014 letter, Mr. again identified himself as the petitioner' s president 
and _ as the petitioner. He also stated, "l I operates 
stores under the name "1 Mr. stated the following about the duties 
of the proffered position:2 
[The beneficiary] will collect and analyze data and customer demographics, 
preferences, needs and buying habits to identify potential markets and factors 
affecting demand for purchasing the type of lighting and furniture products in which 
our company specializes. He will develop pricing strategies, balancing the company's 
objectives and customer satisfaction. He will identify, develop and evaluate 
marketing strategy based on knowledge of objectives and market characteristics; 
evaluating the financial aspects of development such as budgets, expenditures, 
research and development appropriations and return-on-investment and profit-loss 
projections; formulating, directing and coordinating marketing activities and policies 
to promote the company's lighting and furniture products. He will prepare reports of 
market research findings to the management teams. He will measure and assess 
customer satisfaction and the forecasting and tracking of sales trends in .the lighting 
and furniture industry. He will also conduct research on consumer opinions and 
marketing strategies, working with outside marketing and advertising firms. He will 
gather data on competitors and analyze their prices, sales and methods of marketing 
and distribution. 
[The beneficiary] will also prepare budgets and submit estimates for program costs as 
part of an advertising development, planning and preparing advertising and 
promotional material, assisting with annual marketing and advertising budget 
1 Although Mr. indicates that is a fictitious name used by the petitioner, a 
website maintained by the Florida Department of State Division of Corporations indicates that J 
of the same address as the petitioner, is an individual entity, separate and distinct from the 
petitioner. 
2 We note that Mr. , did not then assert any educational requirement of the proffered position. 
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development, inspecting layouts and advertising copy, preparing and negotiating 
advertising contracts, identifying and developing contacts for promotional campaigns 
that meet identified buyer targets and gathering and organizing information to plan 
advertising campaigns. He will also oversee the company's website content with 
respect to its marketing, and recommend changes and additions to the website content 
providers. 
On May 7, 20 14, the service center issued an RFE in this matter. The service center requested, inter 
alia, evidence that the petitioner would employ the beneficiary in a specialty occupation. The 
service center provided a non-exhaustive list of items that might be used to satisfy the specialty 
occupation requirements. 
In response, the petitioner submitted: (1) a copy of a vacancy announcement placed by 
with the Florida Department of Workforce Development; (2) a copy of a vacancy 
announcement placed by on its website; (3) a printout of other content from 
the website of ( 4) copies of three vacancy announcements placed by other 
companies; (5) a copy of the petitioner's organizational chart; and (6) a letter, dated June 10, 2014, 
from Mr. 
The vacancy announcement placed with the Florida Department of Workforce :Development by 
is for a market research analyst position and contains a duty description that is 
substantially identical to that contained in Mr. March 20, 2014 letter. As to the 
educational requirements of the position, it states, "Bachelor's degree in business or marketing or the 
equivalent required." The announcement also states a job requirement of 24 months of experience. 
The vacancy announcement placed on website is substantially identical to 
the announcement placed with the Florida Department of Workforce Development. 
The printout of other content of the website of shows, inter alia, that 
_ 
rather than the petitioner, presently employs the beneficiary as a Marketing 
Trainee and employs as its Marketing Manager. The petitioner's organizational chart 
shows, inter alia, that it, rather than . employs the beneficiary as a Trainee and 
employs as its System Administrator. 
Mr. June 10, 2014 letter acknowledged that the petitioner had not previously employed 
a market research analyst but asserted that is irrelevant. That letter contains the following revised 
list of the duties of the proffered position: 
• Examine and analyze statistical data to forecast future market trends and 
technology solutions in the lighting and furniture industry. To conduct this task 
one must possess skills that only a person with a bachelor's degree in business or 
equivalent work experience has, including the ability to answer complex 
questions about the management operations of the company, the ability to provide 
will-written reports to management and the ability to resolve complex problems 
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discovered. It also involves the knowledge of the principles and methodologies of 
market research, organizational behavior, as well as teaching and instruction of 
individuals and groups. This task is learned by taking courses in subjects such as 
research methods, marketing management, and financial analysis or having the 
corresponding training and/or work experience.8% 
• Gather data on competitors and analyze prices, sales and methods of marketing 
and distribution. This involves the dissemination of complex information to 
highly educated individuals and the ability to import this information in a clear, 
concise and easy-to-follow format. The task is learned by taking courses in 
strategic marketing methods, statistics, sales development and financial analysis 
or having the corresponding training and experience. 8% 
• Collect data on customer preferences habits and trends in the lighting and 
furniture industry. Utilize market resea rch to assist the company in developing 
short-term and long-term strategic plans for business expansion. This involves 
the design of research formulas and stimuli for both quantitative and quantitative 
projects, establishing screening and recruiting criteria so satisfy a project's 
research objectives. This task is learned by taking courses or undergoing training 
and work experience in- managerial economics, research methods and 
statistics.lO% 
• Utilize contacts in the field to facilitate data collection on marketing practices in 
various industries. This involves the dissemination of complex information to 
highly educated individuals in the lighting and furniture industry and the ability to 
import this information in a clear, concise and easy-to-follow format. This task is 
learned by taking undergraduate and graduate level courses, or having training 
and work experience in marketing and research metho ds. 5% 
• Develop pricing strategies, balancing the company's objectives and customer 
satisfaction. This involves the knowledge or pricing structures and strategies, 
economics, accounting and price and cost controls . This involves extensive 
knowledge of finance and economics, accounts payable, accounts receivable, 
balance sheets and taxation. This task is learned by taking graduate and 
undergraduate level courses or having training and work experience in financial 
analysis, financial analysis and strategic marketing methods.?% 
• Ide ntify, develop, and evaluate marketing strategy, based on knowledge of 
establishment objectives, lighting and furniture industry market characteristics, 
and cost and insurance industry factors. This involves extensive knowledge of 
finance and economics, accounts payable, accounts receivable, balance sheets and 
taxation. This task is learned by taking graduate and undergraduate level courses 
or having training and work experience in financial accounting, financial analysis, 
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strategic marketing methods and marketing management or having the 
corresponding work experience and/or training. 4% 
• Evaluate financial aspects of the development of lighting and furniture industry 
retail outlets, such as budgets, expenditures, research and development 
appropriations, and return-on-investment and profit-loss projections. This task is 
learned by taking graduate and undergraduate-level courses infinancial analysis, 
financial accounting and sales development or having the corresponding work 
experience and/or training.5% 
• Formulate, direct and coordinate marketing activities and policies to promote the 
company's services, working with advertising and promotion compa nies. This 
involves the presentation of complex findings to other highly educated 
professionals in a variety of industries.This task is learned by taking graduate and 
undergraduate-level courses in principles of marketing and sales development or 
having the equivalent work or training experience.3% 
• Negotiate contracts with vendors and distributors to manage product distribution, 
establishing distribution networks and developing distribution strategies. This 
involves strategic planning, and the ability to read, understand and negotiate 
complex contractual agreements.This task is learned by taking graduate and 
undergraduate-level courses in legal environments of business, marketing 
management and sales management or having the corresponding 
work/training.4% 
• Consult with product development personnel on product specifications such as 
website design, and other promotional packaging. This involves computer and 
internet savvy, knowledge of consumer tastes, advertising promotions and public 
relations strategy. This task is learned by taking graduate and undergraduate-level 
courses instrategic marketing metho ds, marketing management and sales 
management or having the corresponding work experience and/or training.4% 
• Compile lists describing product and service offerings. This involves knowledge 
of the lighting and furniture industry and the ability to work with stores and 
vendors and the ability to disseminate technical and scientific material into easily­
understandable text. 8% 
• Use sales forecasting and strategic planning to ensure the sale and profitability of 
lighting and furniture products and procedures, analyzing business developments 
and monitoring market trends. This involves designing high quality survey 
instruments from scratch, organizing survey questions and recommending 
methodologies to meet the client's needs and research objectives.8% 
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• Review reports, and confer with management and users about format, distribution, 
and purpose, and to identify problems and improvements within the company. 4% 
• Develop and implement a records management program for filing, protection, and 
retrieval of records, and assure compliance with program. This task is learned by 
taking graduate and undergraduate-level courses in financial management, 
financial analysis and strategic business management. 2% 
• Interview personnel and conduct on-site observations at stores to ascertain store 
functions, work performed, and methods, equipment, and personnel used. This 
task is learned by taking courses in research methods, business policy and 
statistics. 7% 
• Research market conditions in local and regional markets in the lighting and 
furniture retail industry in South Floridaand New York to ascertain the best 
avenues of expansion to our business. This involves knowledge of statistics, 
research methods and the ability to analyze markets and customer preferences. 
8% 
• Establish research methodology and design format for data gathering, such as 
surveys and questionnaires. This involves knowledge and coursework in statistics 
and economics and the ability to disseminate complex material into easy-to­
understand text. 3% 
[Verbatim.] 
As to the educational requirement of the proffered position, Mr. stated: 
Please be advised that each of the above duties also require someone who has a 
course of study or had training and/or work experience involving marketing, market 
research, research methods, statistics, financial analysis and economics. These skills 
invariably require a person with a bachelor's degree in a business-related field with 
the af orementioned coursework. 
Mr. cited the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) 
for the proposition that a bachelor's degree in business or a related field is a minimum requirement 
for entry into a market research analyst position. He cited the O*NET for the proposition that 100% 
of employers require a bachelor's degree or higher for the position of "business development 
manager."3 He cited the petitioner's vacancy announcement with Florida Department of Workforce 
3 The petitioner uses the job titles "market research analyst" and "business development manager" in its 
submissions. 
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Development for the proposition that the proff ered position requires a degree in business or 
equivalent work experience. 
The director denied the petition on July 11, 20 14, finding, as was noted above, that the petitioner bad 
not demonstrated that the proffered position qualifies as a position in a specialty occupation by 
virtue of requiring a minimum of a bachelor's degree in a specific specialty or its equivalent. More 
specifically, the director found that the petitioner had satisfied none of the supplemental criteria set 
forth at 8 C.F.R. § 214. 2(h)(4)(iii)(A). In the decision of denial, the director also noted that the 
evaluation of the beneficiary's qualifications was based, in part, on the beneficiary's employment 
experience, and did not meet the regulatory requirements applicable to such evaluations. 
In the appeal brief, the petitioner, again citing the Handbook as well as other evidence, asserted that 
the evidence in the record is sufficient to shown that the proffered position is a specialty occupation 
position. 
II. THE LAW 
The issue before us is whether the petitioner has demonstrated that the proff ered position qualifies as 
a specialty occupation. Section 214 (i)(l) of the Act, 8 U.S.C. § 118 4(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) 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 
also meet one of the following criteria: 
(1) A baccalaureate or higher degree or its equivalent is normally the mtmmum 
requirement for entry into the particular position; 
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(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. 
As a threshold issue, it is noted that 8 C.F.R. § 214.2(h)(4)(i ii)(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 
of language 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. 56 1 (1989); Matter ofW­
F-, 21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(i ii)(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)(i ii)(A) but not the statutory or 
regulatory definition. See Def ensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). To avoid this 
result, 8 C.F.R. § 214.2(h)(4)(ii i)(A) must therefore be read as providing supplemental criteria that 
must be met in 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 (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"). Applying this standard, USCIS regularly approves H-lB petitions for qualified aliens 
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 entry 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-1B 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 
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the petitioning entity's business operations, are factors to be considered. USCIS must examine the 
ultimate employment of the alien, and determine whether the position qualifies as a specialty 
occupation. See generally Def ensor v. Meissner, 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. 
III. SPECI ALTY OCC UPATION ANALYSIS 
Initia lly, we obser ve that the vacancy announcement the petitioner placed with the Florida 
Department of Workforce Development states that the proffered position requires a "Bachelor's 
degree in business or marketing or the equivalent." Mr. June 10, 2014 letter states that 
the proffered position requires "a bachelor's degree in a business-related field with [ coursework in 
marketing, market research, research methods, statistics, financial analysis and economics." Both of 
those statements of the educational requirements of the proffered position are consistent with the 
proffered position requiring an otherwise unspecified bachelor's degree in business. 
A degree with a generalized title, such as business, without further specification, is not a degree in a 
specific specialty. Cf Matter of Michael Hertz Associates, 19 I&N Dec. 558 (Comm'r 1988). As 
such, an educational requirement that may be satisfied by an otherwise unspecified bachelor's degree 
in business is not a requirement of a minimum of a bachelor's degree in a specific specialty or its 
equivalent. To prove that a job requires the theoretical and practical application of a body of highly 
specialized knowledge as required by section 214(i)(l) of the Act, a petitioner must establish that 
the position requires the attainment of a bachelor' s or higher degree in a specialized field of study or 
its . equivalent. As discussed supra, USCIS interprets the degree requirement at 8 C.P.R. § 
214 .2(h)(4) (iii)(A) to require a degree in a specific specialty that is directly related to the proposed 
position. Although a general-purpose bachelor's degree, such as a degree in business, may be a 
legitimate prerequisite for a particular position, requiring such a degree, without more, will not 
justify a finding that a particula r positi on quali fies for classification as a specialty occupation. See 
Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007). 4 
4 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
[t]he 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-1B specialty occupation visa. See, e.g., Tapis Int'l 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'r] 1988) (providing frequently cited analysis in 
connection with a conceptually similar provision). This is as it should be: elsewise, an 
employer could ensure the granting of a specialty occupation visa petition by the simple 
expedient of creating a generic (and essentially artificial) degree requirement. 
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Again, the petitioner in this matter claims that the duties of the proffered position can be performed 
by an individual with only a general-purpose bachelor's degree, i.e., a bachelor' s degree in business. 
This assertion is tantamount to an admission that the proffered position is not in fact a specialty 
occupation. The director's decision must therefore be affirmed and the petition denied on this basis 
alone. 
Nevertheless, for the purpose of performing a comprehensive analysis of whether the proffered 
position qualifies as a specialty occupation, we turn next to the criteria at 8 C.P.R. 
§ 214.2(h)(4)(iii)(A )(l) and (2): a baccalaureate or higher degree in a specific specialty or its 
equivalent is normally the minimum requirement for entry into the particular position; and a degree 
requirement in a specific specialty is common to the industry in parallel positions among similar 
organizations or a particular position is so complex or unique that it can be performed only by an 
individual with a degree in a specific specialty. Factors we consider when determining these criteria 
include: whether the Handbook on which we routinely rely for the educational requirements of 
particular occupations, reports the industry requires a degree in a specific specialty; whether the 
industry's professional association has made a degree in a specific specialty a minimum entry 
requirement; and whether letters or affidavits from firms or individuals in the industry attest that 
such firms "r outinely 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)). 
We will first address the requirement under 8 C.F.R. § 214. 2(h)(4)(iii)(A)(l): A baccalaureate or 
higher degree or its equivalent is normally the minimum requirement for entry into the particular 
position. We recognize the Handbook, cited by the petitioner, as an authoritative source on the 
duties and educational requirements of the wide variety of occupations that it addresses.5 
The job title of the proffered position is "M arket Research Analyst" and the petitioner claims in the 
LCA that the proffered position corresponds to SOC code and title 13 -1161, Market Research 
Analysts and Marketing Specialists from O*NET. We reviewed the chapter of the Handbook 
entitled "M arket Research Analysts," including the sections regarding the typical duties and 
requirements for this occupational category. The Handbook states the following with regard to the 
duties of market research analysts: 
!d. 
5 The Handbook, which is available in printed form, may also be accessed on the Internet, at 
http://www.bls.gov/oco/. Our references to the Handbook are to the 2014- 2015 edition available online. 
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Market Research Analysts 
Market research analysts study market conditions to examine potential sales of a 
product or service. They help companies understand what products people want, who 
will buy them, and at what price. 
Duties 
Market research analysts typically do the following: 
• Monitor and forecast marketing and sales trends 
• Measure the effectiveness of marketing programs and strategies 
• Devise and evaluate methods for collecting data, such as surveys, 
questionnaires, and opinion polls 
• Gather data about consumers, competitors, and market conditions 
• Analyze data using statistical software 
• Convert complex data and findings into understandable tables, graphs, 
and written reports 
• Prepare reports and present results to clients and management 
Market research analysts perform research and gather data to help a company market 
its products or services. They gather data on consumer demographics, preferences, 
needs, and buying habits. They collect data and information using a variety of 
metho ds, such as interviews, questionnaires, focus groups, market analysis surveys, 
public opinion polls, and literature reviews. 
Analysts help determine a company's position in the marketplace by researching their 
competitors and analyzing their prices, sales, and marketing metho ds. Using this 
information, they may determine potential markets, product demand, and pricing. 
Their knowledge of the targeted consumer enables them to develop advertising 
brochures and commercials, sales plans, and product promotions. 
Market research analysts evaluate data using statistical techniques and software. They 
must interpret what the data means for their client, and they may forecast future 
trends. They often make charts, graphs, and other visual aids to present the results of 
their research. 
Workers who design and conduct surveys are known as survey researchers. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
"Market Research Analysts," http ://www .bls.gov/ooh/business-and-financial/market-rese arch­
analysts.htm#tab-2 (last visited Mar. 19, 20 15). 
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Although Mr. submitted two different descriptions of the duties of the proffered position, 
most of the duties described are consistent with the duties of Market Research Analysts as described 
in the Handbook. On the balance, we find that the proffered position is a market research analyst 
position as described in the Handbook. 
The Handbook states the following about the educational requirements of market research analyst 
positions: 
How to Become a Market Research Analyst 
Most market research analysts need at least a bachelor's degree. Top research 
positions often require a master's degree. Strong math and analytical skills are 
essential. 
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 metho ds, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics, psychology, and 
sociology, are also important. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a Master of Business 
Administration (MBA). A master's degree is often required for leadership positions or 
positions that perform more technical research. 
Other Experience 
Most market research analysts can benefit from internships or work experience in 
business, marketing, or sales. Work experience in other positions that require 
analyzing data, writing reports, or surveying or collecting data can also be helpful in 
finding a market research position. 
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 
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Page 14 
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. 
Important Qualities 
Analytical skills. Market research analysts must be able to understand large amounts 
of data and information. 
Communication skills. Market research analysts need strong communication skills 
when gathering information, interpreting data, and presenting results to clients. 
Critical-thinking skills. Market research analysts must assess all available 
information to determine what marketing strategy would work best for a company. 
Detail oriented. Market research analysts must be detail oriented because they often 
do precise data analysis. 
Id. at http://ww w.bls.gov/ooh/business-and-financial/market-research-analysts. htm#tab-4 (last 
visited Mar. 19, 20 15). 
When reviewing the Handbook, we again note that the petitioner designated the proffered position 
under this occupational category at a Level I on the LCA.6 This designation is indicative of a 
comparatively low, entry-level position relative to others within the occupation and signifies that the 
beneficiary is only expected to possess a basic understanding of the occupation and will perform 
6 The wage levels are defined in DOL's "Prevailing Wage Determination Policy Guidance." A Level I wage 
rate is described as follows: 
Level I (entry) wage rates are assigned to job offers for beginning level employees who have 
only a basic understanding of the occupation. These employees perform routine tasks that 
require limited, if any, exercise of judgment. The tasks provide experience and 
familiarization with the employer's methods, practices, and programs. The employees may 
perform higher level work for training and developmental purposes. These employees work 
under close supervision and receive specific instructions on required tasks and results 
expected. Their work is closely monitored and reviewed for accuracy. Statements that the 
job offer is for a research fellow, a worker in training, or an internship are indicators that a 
Level I wage should be considered. 
U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _11_ 2009 .pdf. 
(b)(6)
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routine tasks that require limited, if any, exercise of judgment. In accordance with the relevant DOL 
explanatory information on wage levels, the beneficiary will be closely supervised and his work 
closely monitored and reviewed for accuracy. Furthermore, he will receive specific instructions on 
required tasks and expected results. DOL guidance indicates that a Level I designation is 
appropriate for a research fellow, a worker in training, or an intern. This designation suggests that 
the beneficiary will not serve in a high-level or leadership position relative to others within the same 
occupational category. 
The Handbook does not state that a baccalaureate or higher degree in a specific specialty, or its 
equivalent, is normally the minimum requirement for entry into the occupation. This passage of the 
Handbook reports that market research analysts have degrees and backgrounds in a wide-variety of 
disparate fields. While the Handbook states that employees typically need a bachelor's degree in 
market research or a related field, it continues by indicating 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 a background in fields such as business administration, social 
sciences, or communications. 
In general, provided the specialties are closely related, e.g., chemistry and biochemistry, a minimum 
requirement 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. 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 disparate fields, 
such as philosophy and engineering, would not meet the statutory requirement that the degree be "in 
the specific specialty (or its equivalent)," unless the petitioner establishes how each field is directly 
related to the duties and responsibilities of the particular position such that the required body of 
highly specialized knowledge is essentially an amalgamation of these different specialties. Section 
214(i)(l)(B) of the Act (emphasis added).7 
In addition to recognizing degrees in disparate fields, e.g., the social sciences, math, and computer 
science as acceptable for entry into this field, the Handbook also states that "others have a 
background in business administration." As noted supra, US CIS 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. 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 
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. As just stated, this also 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. 
(b)(6)
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occupation. Cf Matter of Michael Hertz Associates, 19 I&N Dec . 558, 56 0 (Comm'r 1988). 
Therefore, the Handbook's recognition that a general, non-specialty "background" in business 
administration is sufficient for entry into the occupation strongly suggests that a bachelor' s degree in 
a specific specialty is not normally the minimum requirement for entry into this occupation. 
Accordingly, as the Handbook does not indicate that at least a bachelor's degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for entry into the occupation, it 
does not support the particular position proffered here as qualifying as a specialty occupation. 
The petitioner also relied on O*NET. O*NET does not indicate that market research analysts must 
have a minimum of a bachelor's degree or its equivalent in any specific specialty nor even in any 
array of closely-related specialties. Rather, O*NET assigns Market Research Analysts and 
Marketing Specialists a Job Zone "Four" rating, which groups them among occupations of which 
"most," but not all, "require a four-year bachelor's degree." O*NET does not indicate that four-year 
bachelor's degrees required by Job Zone Four occupations must be in a specific specialty closely 
related to the requirements of that occupation. Therefore, the O*NET information is not probative 
of the proffered position's being a specialty occupation. 
Further, we find that the petitioner has provided inconsistent information regarding the requirements 
for the position. The petitioner states in its Florida Department of Workforce Development vacancy 
announcement that the proffered position requires a minimum of two years of experience; however, 
the petitioner assigned the position a Level I, entry-level wage which, again, is the appropriate wage 
level for an entry-level position. Moreover, in its June 10, 2014 letter, the petitioner indicated that 
the proffered position requires "a bachelor's degree in a business-related field" with coursework in 
marketing, market research, research methods, statistics, financial analysis, and economics. 
However, in the Florida Department of Workforce Development announcement, the petitioner states 
a requirement of a "[b]achelor' s degree in business or equivalent in work experience and/or 
training." In its vacancy announcement placed on its website, the petitioner stated a requirement of 
a "[b]achelor's degree in business or marketing or the equivalent." The petitioner did not explain the 
variance in the claimed requirements for the position. It is incumbent upon the petitioner to resolve 
any inconsistencies in the record by independent objective evidence. Any attempt to explain or 
reconcile such inconsistencies will not suffice unless the petitioner submits competent objective 
evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). 
Furthermore, we find that, to the extent that they are described in the record of proceeding, the 
numerous duties that the petitioner ascribes to the proffered position indicate a need for a range of 
knowledge of market research analysis 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. 
As the evidence of record does not establish that the particular position here proffered is one for 
which the normal minimum entry requirement is a baccalaureate or higher degree, or the equivalent, 
m a specific specialty, the petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)(l ). 
(b)(6)
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Next, we find that the petitioner has not satisfied the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)(4)( iii)(A)(2). This prong alternatively calls for a petitioner to establish that a requirement 
of a bachelor's or higher degree in a specific specialty, or its equivalent, is common for positions 
that are identifiable as being (1) in the petitioner's industry, (2) parallel to the proffered position, and 
also (3) located in organizations that are similar to the petitioner. 
In determining whether there is a common degree requirement, factors often considered by USCIS 
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 at 1165 (quoting 
Hird/Blaker Corp. v. Sava, 712 F. Supp. at 1102. 
In the instant case, the petitioner has not established that the proffered position falls under an 
occupational category for which the Handbook, or other reliable and authoritative source, indicates 
that there is a standard, minimum entry requirement of at least a bachelor's degree in a specific 
specialty or its equivalent. 
Also, there are no submissions from professional associations, individuals, or similar firms in the 
petitioner's industry attesting that individuals employed in positions parallel to the proffered position 
are routinely required to have a minimum of a bachelor's degree in a specific specialty or its 
equivalent for entry into those positions. 
The petitioner did submit three vacancy announcements in support of its assertion that the degree 
requirement is common to positions in the petitioner's industry in parallel positions among similar 
organizations. Those vacancy announcements are for positions entitled "Marketing Manager," "LED 
Product Manager," and "Business Development Manager." 
The petitioner has not submitted sufficient evidence that those advertised positions are parallel to the 
proffered position. Marketing manager positions, for instance, are described in the Handbook 
chapter entitled Advertising, Promotions, and Marketing Managers, and have different duties and job 
requirements from Market Research Analysts. Similarly, the job titles "LED Product Manager" and 
"Business Development Manager" do not suggest a position parallel to the proffered position. 
Although all of those vacancy announcements have a duty description, none are sufficiently detailed 
to demonstrate that the positions announced are parallel to the proffered position. 
Further, again, the petitioner stated on the LCA that the proffered position is a Level I position, that 
is, an entry-level position for an employee who has only basic understanding of the occupation. In 
order to attempt to show that parallel positions require a minimum of a bachelor's degree in a 
specific specialty or its equivalent, the petitioner would be obliged to demonstrate that other Level I 
market research analyst positions, entry-level positions requiring only a basic understanding of 
market research analysis, require a minimum of a bachelor's degree in a specific specialty or its 
(b)(6)
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Page 18 
equivalent. However, all three qf the vacancy announcements state an experience requirement, 
which suggests that they are not Level I positions and not, therefore, positions parallel to the 
proffered position. 
Further still, as will be explained below, none of the vacancy announcements provided states a 
requirement of a minimum of a bachelor's degree in a specific specialty or its equivalent. 
One of the vacancy announcements states that it requires a bachelor's degree, and that a degree in 
marketing is "pr eferred." Obviously, a preference is not a minimum requirement. The other two 
vacancy announcements indicate that an otherwise undifferentiated bachelor's degree in business 
would be a sufficient educational qualification for the positions they announce. As was explained 
above, an otherwise undifferentiated degree in business is not a degree in a specific specialty, and a 
requirement that may be satisfied by an otherwise undifferentiated bachelor's degree in business is 
not a requirement of a minimum of a bachelor's degree in a specific specialty or its equivalent. 
Neither of those vacancy announcements contains a requirement of a minimum of a bachelor's 
degree in a specific specialty or its equivalent. 
Finally, even if all three vacancy announcements were for parallel positions with organizations 
similar to the petitioner and in the petitioner's industry and required a minimum of a bachelor's 
degree in a specific specialty or its equivalent, the petitioner has failed to demonstrate what 
statistically valid inferences, if any, can be drawn from three announcements with regard to the 
common educational requirements for entry into parallel positions in similar organizations.8 
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 positions that are (1) in the petitioner's industry, 
(2) parallel to the proffered position, and also (3) located in organizations that are similar to the 
petitioner. The evidence does not, therefore, satisfy the first alternative prong of 8 C.F.R. 
§ 214. 2(h)(4)(iii)(A)(2). 
The evidence of record also does not satisfy the second alternative prong of 8 C.F.R. 
§ 214. 2(h)(4) (iii)(A)(2), which provides that "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." A review of the 
record indicates that the petitioner has failed to credibly demonstrate that the duties that comprise the 
proffered position entail such complexity or uniqueness as to constitute a position so complex or 
8 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 whether the fact to be proven 
is probably true." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). As just discussed, the petitioner 
has failed to establish the relevance of the job advertisements submitted to the position proffered in this case. 
Even if their relevance had been established, the petitioner still fails to demonstrate 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). 
(b)(6)
NON-PRECEDENT DECISION 
Page 19 
unique that it can be performed only by a person with at least a bachelor's degree in a specific 
specialty. 
Specifically, the petitioner failed to demonstrate how the duties that collectively constitute the 
proffered position require the theoretical and practical application of a body of highly specialized 
knowledge such that a bachelor's or higher degree in a specific specialty, or its equivalent, is 
required to perform them. For instance, the petitioner did not submit information relevant to a 
detailed course of study leading to a specialty degree and did not establish how such a curriculum is 
necessary to perform the duties of the proffered position. While a few related courses may be 
beneficial, or even required, in performing certain duties of the proffered position, the petitioner has 
failed to demonstrate 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 
particular position here. 
Further, as was also noted above, the LCA submitted in support of the visa petition is approved for a 
Level I market research analyst, an indication that the proffered position is an entry-level position 
for an employee who has only a basic understanding of market research analysis. This does not 
support the proposition that the proffered position is so complex or unique that it can only be 
performed by a person with a specific bachelor's degree. 
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 fails to 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 second alternative prong of 8 C.P.R. § 214. 2(h)(4)(iii)( A)(2). 
We will next address the criterion at 8 C.P.R. § 214. 2(h)(4)(iii)(A)(3), which may be satisfied if the 
petitioner demonstrates that it normally requires a minimum of a bachelor's degree in a specific 
specialty or its equivalent for the proffered position.9 
9 While a petitioner may believe or otherwise assert that a proffered position requires a degree, that opinion 
alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing a petitioner's claimed self-imposed requirements, then any individual with a 
bachelor's degree could be brought to the United States to perform any occupation as long as the employer 
artificially created a token degree requirement, whereby all individuals employed in a particular position 
possessed a baccalaureate or higher degree in a specific specialty or its equivalent. See Def ensor v. Meissner, 
201 F. 3d at 387. In other words, if a petitioner's degree requirement is only symbolic and the proffered 
position does not in fact require such a specialty degree or its equivalent to perform its duties, the occupation 
would not meet the statutory or regulatory definition of a specialty occupation. See § 214(i)(1) of the Act; 
8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
(b)(6)
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Page 20 
Mr. concedes that the petitioner has never hired anyone to fill the proffered position, 
but characterizes that fact as irrelevant. Although the fact that a proffered position is a newly­
created one is not in itself generally a basis for precluding a position from recognition as a specialty 
occupation, an employer that has never hired for the position is precluded, obviously, from 
demonstrating that it has previously filled the proffered position only with candidates with a 
minimum of a bachelor's degree in a specific specialty or its equivalent. 
Instead, however, the petitioner seeks to rely on the educational requirement stated in the vacancy 
announcement the petitioner filed with the Florida Department of Workforce Development. That 
vacancy announcement states that the proffered position requires a "Bachelor's degree in business or 
equivalent in work experience and/or training." 
However, as was explained above, a requirement of an otherwise undifferentiated bachelor's degree 
in business is not a requirement of a minimum of a bachelor's degree in a specific specialty or its 
equivalent. The petitioner's vacancy announcement does not indicate that the petitioner requires a 
minimum of a bachelor's degree in a specific specialty or its equivalent for the proffered position. 
The record contains insufficient evidence to demonstrate that the petitioner normally requires a 
minimum of a bachelor's degree in a specific specialty or its equivalent for the proffered position. 
The evidence does not, therefore, satisfy the criterion at 8 C.F.R. § 214 .2( h)(4) (iii)(A)(3) . 
Finally, we will address the alternative criterion at 8 C.F.R. § 214. 2(h)(4)(iii)(A)(4), which is 
satisfied if the petitioner establishes that the nature of the specific duties is so specialized and 
complex that knowledge required to perform them is usually associated with the attainment of a 
baccalaureate or higher degree in a specific specialty or its equivalent. 
The petitioner provided information regarding the proffered position and its business operations. 
While the evidence provides some insights into the petitioner's business activities, the documents do 
not establish that the nature of the specific duties of the proffered position is so specialized and 
complex that the knowledge required to pe rform them is usually associated with the attainment of a 
baccalaureate or higher degree in a specific specialty, or its equivalent. 
In the instant case, we note that relative specialization and complexity have not been sufficiently 
developed by the petitioner as an aspect of the proffered position. We incorporate our earlier 
discussion and analysis regarding the duties of the proff ered position, and the designation of the 
proffered position in the LCA as a Level I position (out of four assignable wage-levels) relative to 
others within the same occupational category, and hence one not likely distinguishable by relatively 
specialized and complex duties. Without furthe r evidence, the petitioner has not established that the 
proffered position is one with specialized and complex duties as such a position would likely be 
classified at a higher-level, such as a Level III (experienced) or Level IV (fully competent) position, 
requiring a substantially higher prevailing wage. As previously noted, a Level IV (fully competent) 
position is designated by DOL for employees who "use advanced skills and diversified knowledge 
to solve unusual and complex problems" and requires a significantly higher wage. 
(b)(6)
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Page 21 
The petitioner has submitted inadequate probative evidence to satisfy this criterion of the 
regulations. Thus, the petitioner has not established that the nature of the specific duties of the 
position 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. We, therefore, conclude that the petitioner failed to satisfy the criterion at 8 C.P.R. 
§ 214.2 (h)(4)(iii )(A)(4). 
The petitioner has failed to establish that it has satisfied any of the criteria at 8 C.P.R. 
§ 214. 2(h)(4)(iii)(A ) and, therefore, it cannot be found that the proffered position qualifies as a 
specialty occupation. The appeal will be dismissed and the petition denied for this reason. 
IV. ADDITIONAL BASIS 
The decision of denial mentions an additional issue that was not relied upon as a basis for the 
director's decision, but that also precludes approval of this visa petition.10 
The beneficiary does not have a bachelor' s or higher degree. In order to show that the beneficiary 
has the equivalent of a bachelor's or higher degree, the petitioner seeks to rely on an evaluation of 
the beneficiary's education and his employment experience, considered together. That evaluation 
states that, based on his education and employment experience, the beneficiary has the equivalent of 
a U.S. bachelor's degree in business administration with a concentration in marketing and 
management. The evaluation was accompanied by a separate letter from the evaluator, which states 
that the evaluator has "advisory authority to grant college-level credit for training and/or experience 
in the field of business administration." 
If a petitioner seeks to rely, even in part, on a beneficiary's employment experience, or training, or 
both, to show that the beneficiary has the equivalent of a degree, 8 C.P.R. § 214. 2(h)(4 )(iii)(D)(l) 
requires : 
An evaluation from an official who has authority to grant college-level credit for 
training and/or experience in the specialty at an accredited college or university which 
has a program for granting such credit based on an individual's training and/or work 
experience. 
USCIS will not accept a faculty member's opinion as to the college-credit equivalent of a particular 
person's work experience or training, unless authoritative, independent evidence from the official's 
college or university, such as a letter from the appropriate dean or provost, establishes that the 
official is authorized to grant academic credit for that institution, in the pertinent specialty, on the 
basis of training or work experience. 
10 
We conduct appellate review on a de novo basis. See Soltane v. DOl, 381 F.3d 143, 145 (3d Cir. 2004). 
(b)(6)
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Page 22 
users uses an evaluation by a credentials evaluation organization of a person's foreign education as 
an advisory opinion only. Where an evaluation is in any way questionable, it may be discounted or 
given less weight. Matter of Sea, Inc. , 19 I&N Dec. 817 (Comm'r. 1988). Because the authority of 
the evaluator is self-certified, we accord the evaluation very little evidentiary weight. The 
evaluator's self-certification would be insufficient to demonstrate that the evaluator has authority to 
award credit for training and/or experience, even if the self-certification stated that he had that 
authority. 
Further, however, the self-certification of the evaluator's authority indicates that authority is merely 
"advisory." This suggests that the evaluator does not have the authority, per se, to award credit, but 
merely to provide an advisory opinion that a student's training and/or experienc'e should be 
considered to qualify for such an award of credit, which advisory opinion is presumably taken into 
consideration by those with the actual authority to award credit. 
For both reasons explained above, we find that the evaluation provided does not demonstrate that the 
evaluator has the authority to grant college-level credit for training and/or experience at a college or 
university which has a program for granting such credit based on an individual's training and/or work 
experience. It is not competent evidence, therefore, for the proposition that the beneficiary has a 
bachelor's degree or the equivalent. 
Because the beneficiary has not been shown to possess a minimum of a bachelor' s degree in any 
specific specialty or its equivalent, he has not been shown to be qualified to work in any specialty 
occupation position. The visa petition will be denied for this additional reason. 
V. CONCLUSION 
When we deny a petition on multiple alternative grounds, a plaintiff can succeed on a challenge only 
if it shows that we abused our discretion with respect to all of the enumerated grounds. See Spencer 
Enterprises, Inc. v. United States, 229 F. Supp. 2d at 10 43, affd. 345 F.3d 683. The director's 
decision will be affirmed and the petition will be denied for the above stated reasons, with each 
considered as an independent and alternative basis for the decision. 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; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 20 13). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. The petition is denied.