dismissed H-1B Case: Cloud Computing Technology

MATTER OF T -, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 22,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a company engaged in the development and sale of cloud computing technology, 
seeks to temporarily employ the Beneficiary as a product sales strategist under the H-1 B 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the 
Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. § 110l(a)(15)(H)(i)(b). The H-1 B program allows a U.S. 
employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the 
attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum 
prerequisite for entry into the position. 
The Director, California Service Center, denied the petition. The Director concluded the Petitioner 
did not establish that the proffered position qualities as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner asserts that the Director erred in 
denying the petition. 
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 proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
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(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative , an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted 
the term "degree" in the criteria at 8 C.F.R. § 214.
2(h)( 4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Cherto.ff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particularposition"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition , the Petitioner stated that the Beneficiary would be employed as a "product 
sales strategist. " In response to the Directo.r's request for evidence (RFE) , the Petitioner provided 
the following job duties for the position: 
• He will prioritize the . market segments that should be pursued for [the 
Petitioner's] Voice and Messaging Products and will identify opportunities to 
cross-sell and upsell Voice and Messaging products using outbound sales 
strategies to customers in Asia Pacific , including (35% of total working time): 
o Prepare a list of Asian businesses in different verticals to target based 
on existing network of contracts in the Asian tech industry (10%). 
o Identify and develop relationships with new customers while 
conducting data analysis on existing start-ups and enterprises to 
identify net-new business opportunities (1 0%). ' 
o Use local understanding of India's startup eco-system to help to 
formulate a strategy to sell Voice and Messaging products to Indian 
customers (5%). 
o Prepare an outreach 
strategy to sell products to both technical and non­
technical audiences (5%). 
• [The Beneficiary] will develop and perform deep market research to identify 
the total addressable market for [the Petitioner's] products , and will conduct 
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Matter ofT-, Inc. 
data analysis on existing customers using quantitative tools such as 
STAT A & Regression analysis to understand variation in customer spend, 
including (30% of total working time): 
o Perform data mining using SQL (Structured Query Language), 
extrapolate customer's data, visualize revenue and spend using tools 
for customer data base management visualization (10%). 
o Provide insights into customer data and automate the process of 
pulling data from different databases (1 0%). 
o Automate the process of acquiring information from dispersed 
datasets, as this is currently done manually and is costing our sales 
team roughly 300 man-hours per month (I 0%). 
• [The Beneficiary] will work with Product, Marketing, and Sales personnel to 
develop clear market-entry strategies for each of the identified segments, and 
will collect and consolidate customer feedback for consideration by Product 
and Marketing staff and function as [the Petitioner's] knowledge center for a 
comprehensive understanding of use cases, including (25% of total working 
time): 
o Collaborating with Support Engineering, Solutions Engineering, 
Product Sales Strategy, and Customer Experience teams for the 
purpose of designing product messaging that will resonate with the 
needs of our customers (10%). 
o Translate technical discussion from engineers to customers and 
provide them guidance on how to use the [Petitioner's] product line for 
their business needs (5%). 
o Work with Customer Experience and Product Marketing to understand 
Net Promoter Scores from customers and direct outreach strategy 
based on analysis (5%). 
o Leverage this understanding to give feedback on how to optimize our 
future product roadmap as well as ho\V to invest our marketing dollars 
with optimal efficiency for demand generation (5%). 
• [The Beneficiary] will organize comprehensive sales training and enablement 
sessions, including (10% oftotal working time): 
o Organize technical product new hire trainings and help on-board new 
members of the team (2.5%). 
o Decrease time to full ramp for new hire in the region (2.5%). 
o Effectively share proven best practices and sales strategies developed 
in headquarter-based teams (2.5%). 
o Empower new team members in with suitable messaging for 
local customers (2.5% ). 
The Petitioner states that the duties of the position are complex and unique, and as a result, it 
requires a master's degree, or the experiential equivalent, in Pacific international affairs, or a closely 
related field. 
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Matter ofT-, Inc. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.3 
On the labor condition application (LCA) submitted in support of the H-1 B petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.4 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
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 
1 Although some aspects of the regulatory criteria may overlap, we will address each ofthe criteria individually. 
2 The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USC IS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
4 The Petitioner classified the proffered position at a Level II wage. We will consider this selection in our analysis of the 
position. The "Prevailing Wage Determination Policy Guidance" issued by the DOL provides a description of the wage 
levels. A Level II wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to 
have attained, either through education or experience, a good understanding of the occupation, but who will only perform 
moderately complex tasks that require limited judgment. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://flcdatacenter.com/download/NPWHC _Guidance_ Revised _I 1_2009.pdf A prevailing wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements ?fthe Petitioner's job opportunity. !d. 
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Matter ofT-, Inc. 
science. Others have backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics or consumer 
behavior, are also important. 
Some market research analyst jobs require a master's degree. Several schools otTer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a master's degree in 
business administration (MBA). A master's degree is often required for leadership 
positions or positions that perform more technical research. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion and 
marketing research. Individuals must complete 20 hours of industry-related 
continuing education courses every 2 years to renew their certification. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Market Research Analysts, http://www.bls.gov/ooh/business-and-financial/market-research­
analysts.htm#tab-4 (last visited Dec. 6, 2016). 
When reviewing the Handbook, we must note that the Petitioner designated the proffered position 
under this occupational category at a Level II on the LCA. Based upon the Petitioner's designation 
of the proffered position as a Level II position (relative to others with the occupation) it does not 
appear that the Beneficiary will serve in a senior or leadership role or in a position that performs 
more technical research that requires a master's degree. 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. That is, while the Handbook states that employees typically need a bachelor's 
degree in market research or a related field, it continues by specifying that many market research 
analysts have degrees in fields such as statistics, math, or computer science. According to the 
Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
It further elucidates that courses in communications and social sciences (sw;:h as economics, 
psychology, and sociology) are also important. Therefore, although the Handbook indicates that 
market research analysts typically need an advanced degree, it also indicates that degrees and 
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Matter ofT-, Inc. 
backgrounds in various fields are acceptable for jobs in this occupation- including computer science 
and the social sciences, as well as statistics and communications. 
As discussed, 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)( 1 )(B) of the 
Act (emphasis added). 
The Handbook also states that "others have a background in business administration:' While a 
general-purpose bachelor's degree, such as a degree in business administration, may be a legitimate 
prerequisite for a particular position, requiring such a degree, \Vithout more, \Vill not justify a tinding 
that a particular position qualifies for classification as a specialty occupation. See Royal Siam Corp. 
v. Chertoff, 484 F.3d at 147. 
That is, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)( 4)(iii)(A) to require a degree 
in a specific specialty (or its equivalent) 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 occupation. Cf Matter of Michael Hertz 
Assocs., 19 I&N Dec. 558 (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 spec(fic specialty is not normally the minimum entry 
requirement for th's occupation. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
credential is granted by the Marketing Research Association to those who pass an exam and have at 
least three years of experience working in opinion and market research. 5 
We reviewed the Marketing Research Association''s website, which confirms the Handbook's 
statement regarding the requirements for professional certification (i.e., passage of an exam and 
three years of relevant industry experience), and further specifies that the "Education" necessary to 
apply for professional certification is "12 industry-related education hours within the two preceding 
years." The Marketing Research Association website provides the toll owing information about the 
Professional Researcher Certification program: 
5 The Marketing Research Association website states that the association was founded in 1957 and is the leading and 
largest U.S. assoc1at10n of marketing research professionals. For additional infonnation, see 
http://www.marketingresearch.org/about (last visited Dec. 6, 20 16). 
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Matter ofT-, Inc. 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing research profession: to raise competency, 
establish an objective measure of an individual's knowledge and proficiency and to 
encourage professional development. PRC is a powerful tool for individual · 
researchers of all levels of work experience and education. Certification standards 
increase consumer understanding of research and foster premiere professional 
standards in the profession. 
Marketing Research Association, http://www.marketingresearch.org/advance-career/prc (last visited 
Dec. 6, 20 16). 
In the "frequently asked questions" section, the website further states: 
The benefits of a Certification program are both industry-wide and individual. For 
the individual, it is a means of differentiating oneself, a "badge" of competence in the 
given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
!d. at http://www.marketingresearch.org/advance-career/prc/faqs (last visited Dec. 6, 2016). 
The Marketing Research Association emphasizes that the credentialing program encourages the 
highest standards within the profession, establishes an objective measure of an individual's 
knowledge and proficiency, and encourages professional development. According to the 
association's website, the credential provides an individual "a badge" of competence in the given 
areas and that the individual is current in knowledge and experience. The narrative continues by 
stating that the credential provides a vehicle for developing a pool of well-trained, competent 
marketing researchers, thereby improving both perceived and substantive standards. The website 
does not indicate that the market research analyst positions have any particular academic 
requirements for entry, nor does it indicate that these positions require any particular level of 
education to be identified as qualified and possessing a level of expertise/competence. In fact, it 
states that PRC is "a powerful tool for individual researchers of all levels of work experience and 
education." 
Thus, the Handbook and the Marketing Research Association website do not support the claim that 
the occupational category "Market Research Analysts" is one for which normally the minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty, or its 
equivalent. There is insufficient evidence from an authoritative source supporting a finding that the 
particular position proffered here would normally have such a minimum, specialty degree 
requirement or its equivalent. The duties and requirements of the position as described in the record 
of proceeding do not indicate that this particular position proffered by the Petitioner is one for which 
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Matter ofT-, Inc. 
a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry. 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such 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 1151, 1165 (D. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. In addition, there are no submissions from the 
industry's professional associations indicating that it has made a degree a minimum entry requirement. 
Furthermore, the Petitioner did not submit any letters or affidavits from similar firms or individuals in 
the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." Thus, the evidence of record does not establish that a requirement of a bachelor's or 
higher degree in a specific specialty, or its equivalent, is common to parallel positions with 
organizations that are in the Petitioner's industry and otherwise similar to the Petitioner. The 
Petitioner has not, therefore, satisfied the criterion of the first alternative prong of 8 C.F.R. 
§ 2,14.2(h)(4)(iii)(A)(2). ~ 
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Matter ofT-, Inc. 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In its appeal, the Petitioner contends that the Beneficiary's proffered position is so complex and 
unique such that its duties can only be performed by an individual holding a master's degree or the 
experiential equivalent in Pacific international affairs, or a closely related field. The Petitioner has 
not, however, credibly demonstrated relative complexity or uniqueness as aspects of the proffered 
position. Specifically, it is unclear how the protTered position, as described, necessitates the theoretical 
and practical application of a body of highly specialized knmvledge such that a person who has attained 
a bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. 
Rather, we find that the evidence of record does not distinguish the proffered position from other 
positions falling within the same occupational category, which, the Handbook indicates, do not 
necessarily require a person with at least a bachelor's degree in a specific specialty or its equivalent 
to enter those positions. 
The Petitioner declares that the knowledge required for the position is complex and 
unique, and 
utilized for developing relationships in the Asia-Pacific region. Further, the Petitioner makes 
reference to proprietary aspects of the company's technology, its rapid gro\\'th, and a recent $2.9 
billion initial public offering (IPO) relevant to the Petitioner. The Petitioner asserts that this 
demonstrates the complex and unique nature of the proffered position. However, the Petitioner does 
not specifically explain why these aspects of the proffered position and its business establish the 
position as complex or unique when compared to other similarly placed product sales strategist or 
market research analyst positions. The Petitioner suggests that we should give deference to its 
description of the proffered position and its relative complexity and uniqueness. However, without 
specific explanation or comparisons, it is not clear how the Petitioner's technology, its growth, or its 
IPO demonstrate the complex and unique nature of the Beneficiary's duties, and the Petitioner 
provides little specific documentary evidence to support this conclusion. 
The Petitioner also identifies specific coursework completed by the Beneficiary, suggesting that this 
demonstrates the complex and unique nature of the position, including master's courses he 
completed in international relations in the Asia Pacific region, East Asian economies, globalization, 
world systems in the Pacific, and an internship in management he completed in China. Further, the 
Petitioner references a letter 
submitted from Director of Career Services at the 
at the as 
evidence of the complex and unique nature of the position. While the courses cited by the Petitioner 
and may be beneficial, or even essential, in performing certain duties of the product 
sales strategist position, the Petitioner has not demonstrated how an established curriculum of such 
courses leading to a baccalaureate or higher degree in a specific specialty, or its equivalent, is 
required to perform the duties of the proffered position. For instance, it is noteworthy that the letter 
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(b)(6)
Matter ofT-, Inc. 
from makes no reference to the proffered positiOn, but merely indicates that 
completing the Beneficiary's course of study can prepare an individual for "a variety of careers" or 
careers "in technology." Therefore, this opinion is of limited probative value in determining the 
complexity or uniqueness of the proffered position. 
Also, the submitted LCA indicates that, relative to other positions located within the "Market 
Research Analysts and Marketing Specialists" occupational category, the Beneficiary would perform 
only moderately complex tasks that require only limited judgment. Without further evidence, the 
Petitioner does not demonstrate that the proffered position is complex or unique in relation to a 
position falling under this occupational category classified at a higher-level , such as a Level III 
(experienced) or Level IV (fully competent) position, requiring a significantly higher prevailing 
wage.6 For example, 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." The 
evidence of record does not establish that this position is significantly different from other positions 
in the occupational category such that it refutes the Handbook's information that a bachelor's degree 
in a specific specialty, or its equivalent, is not required for the proffered position. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references his 
qualifications specific to the Asia Pacific region. However, the test to establish a position as a 
specialty occupation is not the education or experience of a proposed beneficiary, but whether the 
position itself requires at least a bachelor's degree in a specific specialty, or its equivalent. The 
Petitioner did not sufficiently develop relative complexity or uniqueness as an aspect of the duties of 
the position, and it did not identify any tasks that are so complex or unique that only a specifically 
degreed individual could perform them. Accordingly, the Petitioner has not satisfied the second 
alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
The Petitioner has not expressly asserted eligibility , nor submitted evidence under this criterion to 
demonstrate that it has ever previously employed a product sales strategist or, if it has, what that 
person's qualifications were. While a first-time hiring for a position is certainly not a basis for 
6 The issue here is that the Petitioner ' s designation of this position as a Level II position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions ·within the same 
occupation. Nevertheless, it is important to note that a Level II wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
would still require a minimum of a bachelor ' s degree in a specific specialty , or its equivalent , for entry . Similarly, 
however , a Level IV wage-designation would not reflect that an occupation qualifies as a specialt y occupation if that 
higher-level position does not have an entry requirement of at least a bachelor ' s degree in a specific specialty or its 
equivalent. That is, a position's wage level designation may be a consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of section 214(i)( I) of the Act. 
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Matter ofT-, Inc. 
precluding a position from recognition as a specialty occupation, it is unclear how an employer that 
has never recruited and hired for the position would be able to satisfy the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(3), which requires a demonstration that it normally requires at least a 
bachelor's degree in a specific specialty or its equivalent for the position. We cannot conclude that 
the Petitioner has satisfied the third criterion of8 C.F.R. § 214.2(h)(4)(iii)(A). 7 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
We refer to our earlier comments and findings with regard to the implication of the Petitioner's 
designation of the proffered position in the LCA as a Level II wage, and hence one not likely 
distinguishable by relatively specialized and complex duties. We have also reviewed the Petitioner's 
description of duties for the proffered position, including the Petitioner's expanded version of the 
description submitted in response to the Director's RFE and again on appeal. While we understand that 
the Beneficiary must have knowledge of the Asian Pacific region and the use of certain market research 
techniques in order to perform the duties of the position, the Petitioner has not sufficiently explained 
how these duties require the theoretical and practical application of a body of highly specialized 
knowledge, and the 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. Upon review of the totality 
of the record, the record does not include probative evidence that the duties require more than technical 
proficiency in the marketing research field. The Petitioner has not demonstrated in the record that its 
proffered position is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)( 4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualities as a specialty occupation. 
7 While a petitioner may believe or- otherwise assert that a proffered position requires a degree in a specific specialty, 
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 the specific specialty, or its equivalent. See Defensor v. Meissner, 20 I 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 section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)( 4)(ii) (defining the term "specialty 
occupation"). ' 
II 
Matter ofT-, Inc. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-, Inc., ID# 145506 (AAO Dec. 22, 2016) 
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