dismissed H-1B Case: Clinical Research

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-A- MD LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 15,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which describes itself as a physician's office with a clinical research component, seeks 
to extend the Beneficiary's temporary employment as a "clinical research coordinator/manager" under 
the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act 
(the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-IB program allows a 
U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) 
the theoretical and practical application of a body of highly specialized knowledge and (b) the 
attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum 
prerequisite for entry into the position. 
The Director, Vermont Service Center, denied the petition, concluding that the Petitioner had not 
demonstrated that the proffered position qualifies as a specialty occupation. On a subsequent motion 
to reopen, the Director affirmed the denial of the petition on the same basis. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that it has demonstrated eligibility for the benefit sought. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation'' as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
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 protiered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(b)(6)
Matter of S-A- MD LLC 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainm~nt of a baccalaureate or higher degree. 
8 C.F.R. §214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position' ;); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
According to the H -1 B petition , the Petitioner seeks to employ the Beneficiary as a clinical research 
coordinator/manager at its business premises located in Alabama. The Petitioner 
indicated that the position does not require off-site work, and thus, no itinerary will be submitted to 
support the petition. In its support letter, the Petitioner described its operations and the proffered 
position as follows (note: errors in the original text have not been changed): 
The Petitioner 
[The Petitioner] is a based organization practicing Internal Medicine [that] 
is also dedicated to the initiative of clinical research and executing various clinical 
trials in phase II, III and IV. Our trained staff works closely with the principal 
investigator and their staff to ensure that the patient is treated with utmost respect and 
dignity. Thus allowing us to provide the sponsor and sponsor representatives, the 
most complete and accurate data available. Our coordinators are available for all 
patient follow-ups and other visits to assure continuity and accuracy; thus, providing 
the significant link between the physician investigator and the sponsor. [The 
Petitioner] 
was established in 2001 and currently employs 12 employees. 
2 
Matter C!fS-A- MD LLC 
The Position Currently Serving 
[The Beneficiary] is currently in a full time employment in the position of Clinical 
Research Coordinator/Manager. Specifically, the position requires that the incumbent 
designs, plans, implements and directs clinical research projects; conducts research to 
investigate and determine the effectiveness of not yet FDA approved medications; 
identify adverse reactions to the investigational product, evaluate its absorption, 
distribution, metabolism and excretion to ascertain its safety and efficacy. All the 
generated data is then analyzed to assess safety, efficacy and superiority of 
investigational product. 
In another letter of support, the Petitioner listed the following proffered job duties (note: errors in the 
original text have not been changed): 
• Leading Clinical Research Teams. Responsible to identify, create and implement 
resources to improve performance of the organization. 
• Primary liaison between Company, Investigators, Sponsors and CROs. , 
• Responsible for monitoring Clinical Trials, assuring adherence to investigators and 
subject's integrity while addressing GCP-ICH and FDA compliance with all study 
procedures. 
• Plan, schedule and manage in conducting Pre-study, Site Initiation, Interim 
monitoring and Closeout visits at sites. 
• Provide training to site personnel on all relevant processes and procedures pertaining 
to Study conduct, CRF completion and Data management. 
• Responsible to develop and review SOPs to conduct clinical trial according to ICH­
GCP guidelines. 
• Travel to other sites to coordinate and monitor clinical studies for appropriate 
management and accuracy of procedures and data. 
• Responsible for investigators identification and Selection. Ensure assessment of site 
capabilities according to different protocols. 
• Oversee, guide, review and monitor preparations, submission and maintenance of 
regulatory documents in accordance with FDA and ICH-GCP guidelines. 
• Review pre-study documents (e.g., investigators CV, Confidentiality Agreements, 
clinical trial agreements, site specific consent forms) for accuracy and completion. 
• Review and approve source document templates, ensuring accuracy and completion. 
• Review and approve Data Management and Monitoring plan for consistency with 
protocol. 
• Guide site staff and train them in documentation of Safety reporting for accuracy, 
completion and timeliness of SUSARs, Adverse Events (AE's), MESis and Serious 
Adverse Events (SAE's). Identify corrective action and ensure remedial measures. 
• Negotiate budgets and contracts. 
• Responsible for hiring clinical research coordinators to conduct clinical trials at 
approved sites. 
3 
(b)(6)
Matt er of S-A- MD LLC 
• Responsible for employee ' s performance evaluations. 
• Responsible to develop enrollment strategies and Site Recruitment Action Plansr 
(SRAP). 
• Primary Clinical and Administrative point of contact for multiple sites. 
To support the petition, the Petitioner submitted a certified labor 
condition application (LCA) which 
states that the proffered position corresponds to Standard Occupational Classification (SOC) code 
and title 19-1042, "Medical Scientists , Except Epidemiologists ," from the Occupational Information 
Network (O*NET). The LCA further states that the proffered position is a Level II position with a 
prevailing wage of $33.16 per hour, and that the Beneficiary will be recompensed $34.00 per hour. 
The LCA lists the Petitioner's Alabama address as the Beneficiary's sole place of 
employment. 
In response to the Director ' s request for evidence (RFE), the Petitioner clarified that "[ o ]ut of [its] 
twelve employees, 6 assist in running the practice while the other 6 are in clinical research." The 
Petitioner stated that the Beneficiary "manages the clinical research department" and reports to the 
Petitioner's owner, who is also the company's licensed physician and licensed investigator. The 
Petitioner further elaborated upon the proffered duties , stating that the Beneficiary , "along with 
fulfilling essential duties of a [clinical research coordinator], is also managing human resource, 
research operations and the business development component of clinical research at [the Petitioner]." 
In its motion to reopen, the Petitioner provided yet <;tnother list ofjob duties , as follows (note: errors 
in the original text have not been changed): 
• Leading Clinical Research at [the Petitioner] by making crucial decisions regarding 
selection of protocols for the site, patient enrollment eligibility criteria, with respect 
to individual cases and appropriate navigation according to technical features of the 
protocols given as guidance by pharmaceutical partners. 
• Attending networking meetings representing the organization as frequently as once a 
month among industry partners where accurate industry knowledge, grasp on industry 
jargons and best practices , and latest treatment modalities is absolutely essential in 
giving the kind of impression that results in steady procurement of further business. 
• Holding periodic oversight meetings that oversee a diverse group of personnel 
ranging from accountants, research coordinators, partner physicians and lab 
professionals and being able to carry a discus~ion based on the different aptitude and 
technical abilities of all reievant personnel. 
• Adjudicating complex daily decisions in regards to comprehensive reporting 
mechanisms where adverse events need to be categorized and reported, discussing 
with medical monitors about various safety and protocol issues, Preparing regulatory 
documents for Institutional Review Board/Ethics committees. Referring physicians 
and lab personnel are supposed to not only be briefed about important information , 
but appropriate suggestions are to be argued for the Clinical Research process to 
continue with the least amount of possible infraction. 
4 
(b)(6)
Matter of S-A- MD LLC 
• Executive decision making in the realm of human resource management need to be 
made when deciding which personnel excel at what type of studies and therefore 
where they are supposed to oe installed in a continuously growing Nexus of clinical 
research partnerships all over the country. 
• Identification and selection of potential partner sites with other physician 
investigators and developing them through the conduction of in-house workshops and 
capacity building exercises. 
• Conducting study feasibility assessments on the various organizational sites to 
determine whether they are suited for incoming clinical protocol. 
According to the Petitioner, the proffered position requires "a Bachelor's Degree in Medicine, Life 
Sciences, Statistics or Pharmacy." 
Ill. ANALYSIS 
Upon review of the record,1 we find that the Petitioner has not sufficiently described and documented 
the duties of the proffered position within the context of the Petitioner's operations. We therefore 
cannot determine whether the proffered position qualifies as a specialty occupation . 
When determining whether a position is a specialty occupation, USCIS looks at the nature of the 
business offering the employment and the description of the position's specific duties as they relate 
to the particular employer. To ascertain the intent of a petitioner, USCIS looks to the H-1 B petition 
and the documents filed in support of it. It is only in this manner that the agency can detennine the 
exact position offered, the location of employment, the proffered wage, and other salient aspects of 
the position. The regulation at 8 C.F.R. § 214.2(h)(4)(iv) provides that "[a]n H-lB petition 
involving a specialty occupation shall be accompanied by [ d]ocumentation . .. or any other required 
evidence sufficient to establish . . . that the services the beneficiary is to perform are in a specialty 
occupation." · 
Thus, a crucial aspect of this matter is whether the Petitioner has adequately described the duties of 
the proffered position, such that USCIS may discern the nature of the position and whether the 
position indeed requires the theoretical and practical application of a body of highly specialized 
knowledge attained through at least a baccalaureate degree in a specific discipline. The Petitioner 
has not done so here. 
In this matter, the Petitioner is a 12-employee physician 's office located in Alabama. 
The Petitioner submitted, inter alia, its articles of organization, 2012 federal tax return, and profit 
and loss statement indicating that the Petitioner is primarily in the business of providing medical 
services. More specifically , the Petitioner's articles of organization state that the Petitioner was 
initially organized for the purpose of "engag[ing] in the practice of providing medical services to the 
public." The Petitioner's tax return and profit and loss statement both indicate that the Petitioner's 
primary income source is from medical services. 
5 
(b)(6)
Matter of S-A- MD LLC 
While the Petitioner asserts that half of its operations co9sist of a "clinical research department," the 
Petitioner has not submitted sufficient evidence to support this claim. The Petitioner has not, for 
example, submitted a comprehensive organizational chart with the names, job titles, and brief 
descriptions of duties performed by all 12 of its employees, or other documentation specifically 
describing the staff and other resources dedicated to the Petitioner's "clinical research department."' 
Notably, the Petitioner's owner submitted his "Privilege License to Conduct Business in the City of 
Alabama" reflecting that a different company, operates from 
the same address as the Petitioner. The Petitioner's owner also submitted his curriculum vitae, 
which specifically identifies as the "Research Administration Address.'' 
Furthermore, the Petitioner's profit and loss statement reflects that the Petitioner's income from 
clinical research came from two sources, the primary source identified as The 
Petitioner has not explained the nature of its relationship to and 
moreover, the Beneficiary's employment relationship with 
A corporation is a separate and distinct legal entity from its owners or stockholders. See lvfatter (~( 
M-, 8 I&N Dec. 24, 50-51 (A. G., BIA 1958); Matter of Aphrodite Invs. Ltd., 17 I&N Dec. 530 
(Comm'r 1980); and Matter ofTessel . Inc., 17 I&N Dec. 631 (Act. Assoc. Comm'r 1980). Although 
the Petitioner's owner may also own the Petitioner is nevertheless a 
separate and distinct legal entity apart from Therefore, the Petitioner is 
obligated to explain and demonstrate how the Beneficiary will perform his clinical research 
coordinator/manager duties within the context of the Petitioner's business operations, apart from any 
other businesses the Petitioner's owner may also operate. 
We acknowledge the several Forms FDA-1572, Statement of Investigator, which list the Petitioner 's 
information under "Name of Medical School, Hospital, or Other Research Facility." Yet the other 
evidence in the record, as discussed above, suggests that the Petitioner's O\Vner operates a separate 
research facility for which the proffered job duties appear better suited. Without more, the record as 
presently constituted is insufficient to demonstrate that the Petitioner, by virtue of its primary 
operations as a physician's office, is capable of supporting the Beneficiary's employment in the 
capacity asserted, i.e., as a clinical research coordinator/manager responsible for "leading clinical 
research teams," among other duties. 
In addition, several of the proffered job duties appear inconsistent with the scope of the Petitioner ' s 
operations. For example, some of the proffered duties, such as "[c]loseout visits at sites" and 
"[t]ravel to other sites to coordinate and monitor clinical studies for appropriate management and 
accuracy of procedures and data," require the Beneficiary to travel to various other "sites." The 
1 
The Director's request for evidence specifically suggested that the Petitioner submit an organizational chart. However, 
the Petitioner's response did not include an organizational chart. In its response, the Petitioner identified only one 
employee, who works under the Beneficiary. The Petitioner did not identify job title, job 
duties, or his foreign degree equivalence. The Petitioner also did not provide information about its other employees. 
2 The other source of clinical research income came from the company The relationship between the 
Petitioner, the Beneficiary, and is also unexplained. 
6 
Matter of S-A- MD LLC 
Petitioner specifically stated that the Beneficiary will be the "[p ]rimary Clinical and Administrative 
point of contact for multiple sites (emphasis added)." But the Petitioner did not indicate on the H-1 B 
petition or LCA that the Beneficiary will work off-site, nor that the Petitioner has other worksites. 
The Petitioner has not explained what these other "multiple sites" are, how they pertain to the 
Petitioner's business operations, as well as the nature, length, and location(s) of the Beneficiary's 
travels. A petitioner's unsupported statements are of very limited weight and normally will be 
insufficient to carry its burden of proof. See Matter of Soffici, 22 I&N Dec. 158, 165 (Comm'r 
1998) (citing Matter ofTreasure Craft of Cal., 14 I&N Dec. 190 (Reg'l Comm'r 1972)); see also 
Matter ofChawathe, 25 I&N Qec. 369, 376 (AAO 201 0). The Petitioner must support its assertions 
with relevant, probative, and credible evidence. See Chawathe, 25 I&N Dec. at 376. 
Similarly, the Petitioner stated that the Benefl.ciary will be responsible for "hiring clinical research 
coordinators to conduct clinical trials at approved sites." Not only is it unclear what these other 
"approved sites" are, but it is also not evident who these other "clinical research coordinators" are, 
considering that the Petitioner claims to have only one clinical research coordinator - the 
Beneficiary- at its single worksite. In fact, the Petitioner specifically stated that "[the Benetl.ciary] 
is the In-Charge person on the site, there are no other employees holding a similar position." Again, 
the Petitioner must support its assertions with relevant, probative, and credible evidence. See id It 
is incumbent upon the Petitioner to resolve the inconsistencies in the record, and doubt cast on any 
aspect of the Petitioner's proof may lead us to question the reliability and sufficiency of the 
submitted evidence. lvfatter ofHo, 19 I&N Dec. 582,591-92 (BIA 1988). 
The Petitioner expressly disclaimed any need for the Beneficiary to have a medical license. In its 
response to the Director's RFE, the Petitioner explained that its owner, a medical doctor, is "[t]he 
principal investigator for the company." To supplement the record, the Petitioner submitted a letter 
from the Academy of Clinical Research Professionals explaining that principal investigators are 
responsible for the following: 
• the safe and ethical conduct of a clinical trial; 
• evaluating clinical trial protocol for scientific soundness and feasibility; 
• facilitating and verifying formal approvals according to regulatory requirements and 
International Conference on Harmonisation (JCH) Good Clinical Practice (GCP); 
• ensuring all clinical trial site initiation activities are performed to start and conduct 
the study; 
• participating in the selection of clinical trial participants according to the recruitment 
strategy and in line with the approved protocol; · 
• performing or supervising the conduct of trial-related procedures and monitoring the 
safety of the trial participants and investigational staff; 
• collecting accurate and verifiable data and other essential trial documents; 
• ensuring compliance with regulatory requirements and ICH GCP, the protocol, and 
the handling of the investigational product; 
7 
Matter of S-A- MD LLC 
• communicating with trial participants, sponsor personnel, and Institutional Review 
Board/Ethics Committee; 
• ensuring adequate close-out of the study[.] 
Most, if not all, of the above-listed principal investigator duties mirror the Beneficiary's job duties. 
For instance, the Petitioner stated that the Beneficiary is the "In-Charge person" who will be 
responsible for "Leading Clinical Research at [the Petitioner]." The Beneficiary will also be 
responsible for job duties such as selecting investigators and trial participants, monitoring clinical 
trials, serving as the primary liaison between the company, investigators, sponsors and other entities, 
assessing site capabilities according to different protocols, and overseeing regulatory compliance in 
accordance with FDA and ICH-GCP guidelines. However, the Petitioner has not sufficiently 
distinguished the Beneficiary's role and responsibilities from those of its owner and principal 
investigator, who performs tasks requiring a medical license.3 In this respect, \Ve note the 
Petitioner's ambiguous statement that "[ o ]ur coordinators are available for all patient follow-ups and 
other visits." The Petitioner has not explained in further detail the nature and extent of the 
Beneficiary's duties involving the Petitioner's medical patients, which raises additional questions as 
to the Beneficiary's need for an appropriate medical license. 
The Petitioner explained: "About the requirement of a license, please note that very few tasks require 
a medical license and those that do are handled by the licensed investigator. Please see the attached 
Delegation of Responsibility log ... in which out of 40 total tasks, only 3-4 need to be done by the 
licensed investigator." But the copy of the Delegation of Responsibility log submitted for the record 
was only a partial copy which did not include the most critical information regarding the tasks that 
"[t]he Principal Investigator will personally execute." Without knmving the specific tasks the 
principal investigator must personally execute and which tasks require a medical license (which the 
Beneficiary does not possess), we are unable to sufficiently comprehend the substantive nature of the 
Beneficiary's role and job duties within the context ofthe Petitioner's business operations (which the 
Petitioner also has not adequately demonstrated). 
) 
Additionally, we are unable to determine the most relevant occupational classification for the 
proffered position. The occupational category designated by the Petitioner is considered as another 
aspect in establishing the nature of the tasks and responsibilities of the proffered position. The 
record here is insufficient to demonstrate whether the proffered position best aligns with the 
"Medical Scientists, Except Epidemiologists" occupational category (as the Petitioner believes), the 
"Clinical Research Coordinators" occupational classification (as the Director believes), or another 
occupational classification. 
We must further question the substantive nature of the position, including the most relevant 
occupational category for the duties of the proffered petition, based on the Petitioner's vague 
statements about the "diverse set of duties currently performed by the [Beneficiary]" (emphasis 
added). In particular, the Petitioner stated that the Beneficiary, "along with fulfilling essential duties 
3 
Subsequent to the date this petition was filed, the Beneficiary became a Certified Principal Investigator. 
8 
(b)(6)
Matter of S-A- MD LLC 
of a [clinical research coordinator], is also managing human resource, research operations and the 
business development component of clinical research" (emphasis added). The Petitioner has not 
explained what these unspecified "diverse" duties entail, including the specific tasks the Beneficiary 
will perform in furtherance of "managing human resource." Moreover, the Petitioner has not 
explained what other occupational classification(s) it believes the proffered position embodies, as 
implied by its use of the word "also" in describing the positions' other duties.4 Without more, we 
cannot determine whether the position is best classified under the "Medical Scientists, Except 
Epidemiologists," "Clinical Research Coordinators," or another occupational classification. 5 
4 
For example, positions falling under SOC code and title 11-9111.00, "Medical and Health Services Managers," are 
responsible for some personnel administration and human resources duties within a medical setting. For more 
information about this occupation, see the O*NET Details Report for "Medical and Health Services Managers," 
available at http://www.onetonline.org/link!details/11-911 1.00 (last visited Feb. 13, 20 17). 
5 
We are also unable to determine whether the Petitioner will pay the Beneficiary the required wage, as required by 
section 212(n)( 1 )(A) of the Act, and whether the Petitioner submitted an LCA that supports and corresponds with the 
petition, as required by 20 C.F.R. § 655.705(b). 
We note that the relevant prevailing wage for a Level II "Clinical Research Coordinators" position is S47.06 per hour, 
which is much higher than the prevailing wage of $33.16 per hour (for a Level II "Medical Scientists, Except 
Epidemiologists" position) as well as the pay rate offered here of $34.00 per hour. For more information on wages for 
the "Clinical Research Coordinators" (SOC code 1 l-9121.0 1) sub-classification which is found under the broader 
occupational code and title of 11-9121, "Natural Sciences Managers," in the AL metropolitan statistical area 
(MSA) for the period 7/2014 - 6/2015, see the Foreign Labor Certification Data Center Online Wage Library at 
http://www.tlcdatacenter.com/OesQuickResults.aspx?code= 11-9121 &area= &year= 15&source= l (last visited Feb. 
13, 2017). 
We also note that "Medical and Health Services Managers" occupations have a higher relevant prevailing wage ($36.03 
per hour for a Level II position) as well. For more information about wages for SOC code and title 11-9111.00, 
"Medical and Health Services Managers," in the AL MSA for the period 7/2014-6/2015, see Foreign Labor 
Certification Data Center Online Wage Library, http://www .tlcdatacenter.com/OesQuickResults.aspx?code= 11-
91ll&area= &year=15&source=l (last visited Feb. 13, 2017). 
With respect to the LCA, the Department of Labor's (DOL) "Prevailing Wage Determination Policy Guidance" states 
the following: 
In determining the nature of the job offer, the first order is to review the requirements of the 
employer's job offer and determine the appropriate occupational classification. The O*NET 
description that corresponds to the employer's job offer shall be used to idyntity the appropriate 
occupational classification .... If the employer's job oppmtunity has worker requirements described 
in a combination of O*NET occupations, the NPWHC should detault directly to the relevant O*NET­
SOC occupational code for the highest paying occupation. For example, if the employer's job offer is 
for an engineer-pilot, the NPWHC shall use the education, skill and experience levels for the higher 
paying occupation when making the wage level determination. 
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 _II_ 2009.pdf While DOL is the agency that 
certifies LCA applications before they are submitted to USCIS, DOL regulations provide that the Department of 
Homeland Security (i.e., its immigration benefits branch, USCIS) is the department responsible for determining whether 
9 
Matter of S-A- MD LLC 
Overall, ':Ve find that the Petitioner has not established the substantive nature of the work to be 
. performed by the Beneficiary. This therefore precludes a finding that the proffered position satisfies 
any criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), because it is the substantive nature of that work that 
determines (1) the normal minimum educational requirement tor entry into the particular position, 
which is the focus of criterion 1; (2) industry positions which are parallel to the proffered position and 
thus appropriate for revie\v for a common degree requirement, under the first alternate prong of 
criterion 2; (3) the level of complexity or uniqueness of the proffered position, which is the focus of the 
second alternate prong of criterion 2; ( 4) the factual justification for a petitioner normally requiring a 
degree or its equivalent, when that is an issue under 'criterion 3; and ( 5) the degree of specialization and 
complexity of the specific duties, which is the focus of criterion 4. Accordingly, as the Petitioner has 
not established that it has satisfied any of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it cannot be 
found that the proffered position qualifies for classification as a specialty occupation. 
Finally, the Petitioner states that the proffered position requires at least a bachelor's degree in 
medicine, life sciences, statistics, or pharmacy. The Petitioner's acceptance of a degree in ·statistics 
further indicates that the proffered position does not qualify as a specialty occupation. 
In general, provided the specialties are closely related, e.g., medicine and life sciences, a minimum 
of a bachelor's or higher degree in more than one specialty is recognized as satisfying the "degree in 
the specific specialty (or its equivalent)" requirement of section 214(i)(l )(B) of the Act. In such a 
case, the required "body of highly specialized knowledge" would essentially be the same. Since 
there must be a close correlation between the requir~d "body of highly specialized knowledge" and 
the position, however, a minimum entry requirement of a degree in two disparate fields, such as 
medicine and statistics, 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). See Royal Siam Corp., 484 F.3d at 147; Defensor, 
201 F.3d at 387. 6 
the content of an LCA filed for a particular Form 1-129 actually supports that petition. 20 C.F.R. § 655.705(b) (requiring 
OSCIS to determine that an LCA actually supports the H-1 B petition filed on behalf of the Beneficiary). 
Thus, according to DOL guidance, if the Petitioner believed its position was appropriately described in a combination of 
occupational categories, then it should have chosen the relevant occupational code for the highest paying occupation. 
However, the Petitioner chose the occupational category for the relatively lower paying occupation of "Medical 
Scientists, Except Epidemiologists" for the proffered position on the LCA. 
6 
While the statutory "the" and the regulatory "a" both denote a singular "specialty," we do not so narrowly interpret 
these provisions to exclude positions from qualifying as specialty occupations if they permit, as a minimum entry 
requirement, degrees in more than one closely related specialty. See section 214(i)( 1 )(B) of the Act; 8 C.F .R. 
§ 214.2(h)( 4)(ii). This also includes even seemingly disparate specialties providing, again, the evidence of record 
establishes how each acceptable, specific field of study is directly related to the duties and responsibilities of the 
particular position. 
10 
Matter of S-A- MD LLC 
Again, the Petitioner claims that the duties of the proffered position can be performed by an 
individual with a bachelor's degree in statistics. The issue here is that it is not readily apparent that 
the field of statistics is directly related to the fields of medicine, life sciences, or pharmacy, or that it 
is directly related to the duties and responsibilities of the particular position proffered in this 
matter. For example, the Petitioner has not explained how a degree in statistics would provide an 
individual with the requisite body of knowledge to perform the proffered duties, some of which 
specifically require "accurate industry knowledge, grasp on industry jargons and best practices, and 
[knowledge ofJ latest treatment modalities" in the medical industry. Absent additional information 
and evidence, we cannot find that the -particular position proffered in this matter has a normal 
minimum entry requirement of a bachelor's or higher degree in a .spec(fic specialty, or its equivalent. 
For all of the above reasons, the record is insufficient to establish that the proffered position qualifies 
for classification as a specialty occupation. 
IV. CONCLUSION 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofS-A- MD LLC, ID# 163521 (AAO Feb. 15, 2017) 
11