dismissed H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
In Re : 5630923 
Appeal of California Service Center Decision 
Form 1-29, Petition for Nonirnrnigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 25, 2020 
The Petitioner seeks to temporarily employ the Beneficiary under the H-IB nonimmigrant 
classification for specialty occupations . See Immigration and Nationality Act (the Act) 
section 10l(a)(l5)(H)(i)(b), 8 U.S.C. § l 10l(a)(l5)(H)(i)(b). 
The Director of the California Service Center denied the petition , concluding that the evidence of 
record does not establish that (1) the labor condition application (LCA) corresponds to the petition; 
(2) the proffered position qualifies as a specialty occupation; and (3) the Beneficiary is qualified to 
perform the duties of a specialty occupation . 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. Upon 
de nova review, we will dismiss the appeal. 1 
I. LCA 
The purpose of the LCA wage requirement is "to protect U.S . workers ' wages and eliminate any 
economic incentive or advantage in hiring temporary foreign workers." 2 It also serves to protect H-lB 
workers from wage abuses. While the Department of Labor (DOL) certifies the LCA, U.S . Citizenship 
and Immigration Services determines whether the LCA' s content corresponds with the H-1 B 
petition. See 20 C.F .R. § 655. 705(b) ("DHS determines whether the petition is supported by an LCA 
which corresponds with the petition, ... . ") . 
In this case, the Petitioner states that the proffered position is an "EDI Computer Systems Analyst" 
and submitted a certified LCA 3 for the occupational category "Software Developers, Systems 
1 We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
2 See Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty 
Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United 
States, 65 Fed. Reg. 80,110, 80,110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56). 
3 A petitioner submits the LCA to the Department of Labor (DOL) to demonstrate that it will pay an H-18 worker the 
higher of either the prevailing wage for the occupational classification in the area of employment or the actual wage paid 
by the employer to other employees with similar duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 
C.F.R. § 655.731(a). 
Software" corresponding to Standard Occupational Classification (SOC) code 15-1133, with a Level 
I wage. The Director found that the proffered position was improperly classified under this 
occupational classification. Upon review, we concur with the Director's findings, as we cannot 
ascertain whether the proffered position properly falls within the "Software Developers, Systems 
Software" occupational category. 
The Petitioner states that the Beneficiary will perform the following duties: 
• Analyze client business requirements to develop implementation of a business 
process and EDI systems to improve client data processing and transactional 
exchange ( 10%) 
• Analyze client and trading partner technical requirements and system 
capabilities as well as contract agreement to meet customer expectations within 
scheduling limitations for multiple, concurrent implementations (5%) 
• Create reports to identify data points for risk management and improve 
processes and systems (5%) 
• Apply data integrity process (10%) 
• Suggest automation solutions within SalesForce, Excel, and internal tools or 
suggest other software solutions to improve existing implementation systems 
and processes (5%) 
• Manage projects through recurring meetings with stakeholder (C-Level and 
down) and identify milestones and deliverables (10%) 
• Create and present project timelines and identify where client requirements are 
in conflict with constraints (time, cost and scope) and identify and present 
solution (10%) 
• Coordinates all aspects of project implementation, working closely with the 
client, third party providers, and internal project team (5%) 
• Identifies when professional services fees are warranted based on client 
requests and provides a quotation and introduces it to a client (5%) 
• Describe and recommend communication protocols (FTP, AS2, PGP, VAN, 
FTPS, IPO, Web Services, etc) (10%) 
• Describes and recommend data formats (XML, EDI, Flat file, etc) (10%) 
• Monitors every step of the implementation process and project progress; 
anticipates potential issues and proactively manage details (5%) 
• Communicates project status and disseminates project information to client and 
internal project team on a regular basis (5%) 
• Coordinate with [Petitioner] team to improve process and efficiencies including 
updating documentation or notifying others of required updates (5%) 
According to the Occupational Information Network (O*NET) Summary Report, "Software 
Developers, Systems Software" perform the following: 
Research, design, develop and test operating systems-level software, compilers, and 
network distribution software for medical, industrial, military, communications, 
aerospace, business, scientific, and general computing applications. Set operational 
specifications and formulate and analyze software requirements. May design 
2 
embedded systems software. Apply principles and techniques of computer science, 
engineering, and mathematical analysis. 4 
In other words, they "create the systems that keep computers functioning properly. These could be 
operating systems for computers that the general public buys or systems built specifically for an 
organization. Often, systems software developers also build the system's interface, which is what 
allows users to interact with the computer. Systems software developers create the operating systems 
that control most of the consumer electronics in use today, including those used by cell phones and 
cars." 5 
According to both the O*NET and the Handbook, therefore, individuals working is positions classified 
under the "Software Developers, Systems Software" classification design and develop systems-level 
software, build the systems interface, and create associated operating systems. The duties of the 
Beneficiary, as stated by the Petitioner, do not include duties such as these. Upon review, most of the 
described duties appear to fall within the general tasks outlined in O*NET for "Computer Systems 
Analysts" (SOC code 15-1121). 
According to O*NET, individuals employed in this occupational category: 
Analyze science, engineering, business, and other data processing problems to 
implement and improve computer systems. Analyze user requirements, procedures, and 
problems to automate or improve existing systems and review computer system 
capabilities, workflow, and scheduling limitations. May analyze or recommend 
commercially available software. 6 
Moreover, the Handbook states that "[ c ]omputer systems analysts, sometimes called systems 
architects, study an organization's current computer systems and procedures, and design solutions to 
help the organization operate more efficiently and effectively. They bring business and information 
technology (IT) together by understanding the needs and limitations of both." 7 
According to the Petitioner, the majority of the Beneficiary's time will be devoted to duties such as 
"analyze client business requirements" (10%); "analyze client and trading partner technical 
requirements" (10%); "create and present project timelines" (10%); "apply data integrity processes" 
(10%) and "describes and recommend communication protocols" (10%) and "data formats" (10%). 
As described, most of the Beneficiary's duties are devoted to analyzing user requirements, which is 
4 See O*NET Summary Report for "Software Developers, Systems Software," 
https://www.onetonline.org/link/summary/l 5-l 133 (last visited Mar. 24, 2020). 
5 See Bureau of Labor Statistics. U.S. Dep't of Labor, Occupational Outlook Handbook, Software Developers, 
https://www.bls.gov/ooh/computer-and-information-technology/software-developers.htm#tab-2 (last visited Mar. 24, 
2020). 
6 See O*NET Summary Report for "Computer Systems Analysts," https://www.onetonline.org/link/summary/15-l 121 
(last visited Mar. 24, 2020). 
7 See Bureau of Labor Statistics. U.S. Dep't of Labor, Occupational Outlook Handbook, Computer Systems Analysts, 
https://www.bls.gov/ooh/computer-and-information-technology/computer-systems-analysts.htm#tab-2 (last visited Mar. 
24, 2020). 
3 
the key role of a computer systems analyst. Again, as previously noted, the duties of the position as 
described by the Petitioner do not state that the Beneficiary is involved in the design and development 
of software systems, which is the key role of a systems software developer. Therefore, the duties of 
the proffered position appear to be more aligned with the duties of the "Computer Systems Analysts" 
occupational category, SOC code 15-1121, rather than the duties of the "Software Developers, 
Systems Software" occupational category. 
With respect to the LCA, the DOL provides clear guidance for selecting the most relevant O*NET 
occupational code classification. 8 The "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 
identify the appropriate occupational classification. . . . If the employer's job 
opportunity has worker requirements described in a combination of O*NET 
occupations, the NPWHC should default 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. 
Here, the prevailing wage for positions in the "Computer Systems Analysts" category at a Level I 
wage in the area of employment is higher at $62,442 per year than the prevailing wage for "Software 
Developers, Systems Software," which is $61,069 per year. 9 Thus, according to DOL guidance, the 
Petitioner should have chosen the relevant occupational code for the highest paying occupation. 
Further, we note that the Petitioner's attested wage rate on the Form I-129, Petition for a Nonimmigrant 
Worker, is $62,442, which directly corresponds to the Level I wage of a Computer Systems Analyst 
in the Petitioner's area of employment. 
While DOL is the agency that certifies LCA applications before they are submitted to USCIS, DOL 
regulations note that the Department of Homeland Security (DHS) (i.e., its immigration benefits 
branch, USCIS) is the department responsible for determining whether the content of an LCA filed for 
a particular Form I-129 actually supports that petition. The regulations state, in pertinent part: 
For H-lB visas ... DHS accepts the employer's petition (DHS Form I-129) with the 
DOL certified LCA attached. In doing so, the DHS determines whether the petition is 
supported by an LCA which corresponds with the petition, whether the occupation 
named in the [LCA] is a specialty occupation or whether the individual is a fashion 
model of distinguished merit and ability, and whether the qualifications of the 
nonimmigrant meet the statutory requirements of H-1 B visa classification. 
8 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/pdt;NPWHC _ Guidance 
_Revised_l 1_2009.pdf 
9 See https://flcdatacenter.com/OesQuickResults.aspx?code= 15-1121 &area~year= 18&source= 1 (last visited Mar. 
24, 2020). 
4 
20 C.F.R. § 655.705(b) (emphasis added). 
The regulation at 20 C.F.R. § 655.705(b) requires that USCIS ensure that an LCA actually supports 
the H-1B petition filed on behalf of the Beneficiary. Here, the Petitioner has not established that the 
LCA corresponds to the claimed duties of the proffered position, which raises questions regarding the 
substantive nature of the proffered position. 
II. SPECIALTY OCCUPATION 
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: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertojf, 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"). 
Upon review of the record in its totality, we conclude that the Petitioner has not demonstrated that the 
proffered position qualifies as a specialty occupation because the record contains inconsistencies that 
5 
undermine the Petitioner's claims regarding the proffered position and lacks sufficient evidence of the 
services that the Beneficiary will perform. 10 
When determining whether a position is a specialty occupation, we look at the nature of the business 
offering the employment and the description of the specific duties of the position as it relates to the 
particular employer. To ascertain the aspects of the proposed employment, we look to the Form 1-129, 
and the documents filed in support of the petition. A crucial aspect of this matter is whether the 
Petitioner has sufficiently and consistently described the duties of the proffered position such that we 
may discern the nature of the position and whether the position actually requires the theoretical and 
practical application of a body of highly specialized knowledge attained through at least a 
baccalaureate degree in a specific discipline. 
Preliminarily, we note that the Petitioner's requirement of a bachelor's degree in business 
administration is inadequate to establish that a position qualifies as a specialty occupation. The 
Petitioner lists a bachelor's degree in business administration as one of the acceptable degrees for the 
proffered 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, 560 (Comm'r 1988). To prove that a job requires the 
theoretical and practical application of a body of highly specialized knowledge as required by section 
2 l 4(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 noted above, we interpret 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. We have consistently stated that, although 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, without more, will not justify a conclusion that a particular 
position qualifies for classification as a specialty occupation. Royal Siam Corp., 484 F.3d at 147. 
As noted previously in this decision, the Petitioner states that the majority of the Beneficiary's time 
will be devoted to analyzing user requirements, whether the users be clients, trading partners, or the 
Petitioner's internal project team. While the Petitioner asserts that to accurately provide the support 
required of the proffered position, "one most have the foundational knowledge of these topics that are 
gained through a bachelor's degree in Business Administration, Engineering, Management 
Information Systems, or a related field," it has not demonstrated that an established curriculum of 
particular courses leading to a baccalaureate or higher degree in a specific specialty, or its equivalent 
is required for the proffered position. While a few related courses and skills may be beneficial in 
performing certain duties of the position, the Petitioner has not demonstrated how an established 
curriculum of such courses leading to a baccalaureate or higher degree in a specific specialty, or its 
equivalent, is required to perform the duties of the proffered position. We again note that the 
Petitioner's requirement of a bachelor's degree in business administration is inadequate to establish 
that a position qualifies as a specialty occupation. 
10 The Petitioner submitted documentation to supp01t the H-lB petition, including evidence regarding the proffered 
position and its business operations. Although we may not discuss every document submitted, we have reviewed and 
considered each one. 
6 
Moreover, the position as described by the Petitioner does not sufficiently detail the nature of the 
duties. The generalized description of the duties does not establish that the position 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, or its equivalent. The duties such as "analyze 
client business requirements," "manage projects through recurring meetings with stakeholder," and 
"identify when professional fees are warranted" do not establish a need for a particular level of 
education, or its equivalency, in a body of highly specialized knowledge in a specific specialty without 
additional information regarding the projects that the Beneficiary will work on. 
The Petitioner claims that the Beneficiary is well qualified for the position and references his 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. With the broadly described duties, the record lacks 
evidence to demonstrate that the proffered position requires a bachelor's degree level of knowledge in 
a specific specialty. That is, the record does not adequately communicate (1) the actual day-to-day 
work that the Beneficiary will perform; (2) the complexity, uniqueness, or specialization of the tasks; 
and (3) the correlation between that work and a need for a particular level of education and knowledge. 
As the Petitioner has not established the substantive nature of the work to be performed by the 
Beneficiary, it has not demonstrated that the proffered position satisfies any criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). It is the substantive nature of that work that determines (1) the normal minimum 
educational requirement for the particular position, which is the focus of criterion 1; (2) industry 
positions which are parallel to the proffered position and thus appropriate for review 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. 11 
The Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
III. BENEFICIARY'S QUALIFICATIONS 
The Director also found that the Beneficiary would not be qualified to perform the duties of the 
proffered position if the job had been determined to be a specialty occupation. However, a 
beneficiary's credentials to perform a particular job are relevant only when the job is found to be a 
specialty occupation. As discussed in this decision, the proffered position does not require a 
baccalaureate or higher degree in a specific specialty, or its equivalent. Therefore, we need not and 
will not address the Beneficiary's qualifications further. 
11 Because the Petitioner has not established the substantive nature of the work to be performed by the Beneficiary, it has 
not demonstrated that the proffered position meets the statutory definition of a specialty occupation. See Section 2 l 4(i)(l) 
of the Act. Therefore, further discussion of the assertions made on appeal regarding whether the Petitioner satisfies any 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) is not necessary. 
7 
IV. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden here 
ORDER: The appeal is dismissed. 
8