dismissed H-1B Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-S-S- INC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 14,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a computer company, seeks to temporarily employ the Beneficiary as a "senior 
programmer analyst" under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101 (a)(15)(H)(i)(b ), 8 U.S.C. § 1101 (a)(15)(H)(i)(b ). 
The H-1B program allows a U.S. employer to temporarily employ a qualified foreign worker in a 
position that requires both (a) the theoretical and practical application of a body of highly specialized 
knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the Form 1-129, Petition for a Nonimmigrant 
Worker, concluding that the record did not establish that the proffered position qualities as a 
specialty occupation. 1 On appeal, the Petitioner submits additional evidence and asserts that it has 
demonstrated eligibility. 
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. 
1 
While the Director focused on aspects related to the proffered position and the petitioning organization's business 
projects, our primary focus will be on the plain language of the regulation and whether the Petitioner has submitted 
evidence that satisfies such requirements. 
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Matter of C-S-S- Inc 
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 offered 
position must meet one of the following criteria to qualify as a specialty occupation: 
(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 orits 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 have consistently interpreted 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. 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 particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the petition, the Petitioner stated that the Beneficiary will serve as a "senior programmer analyst." 
In addition, the Petitioner provided an itinerary , which states that the Beneficiary will work in-house 
on its' project. In response to the Director's 
request for evidence (RFE), the Petitioner provided the following job duties: 
• Involve in capacity planning and sizing 
• Provide high-end implementation and customization consulting support 
starting 
from design till test phase using Oracle SOA suite 
• Involve in Environment Setup and Scalability and setting up Disaster Recovery 
and High Availability topology 
• Capacity Sizing/Planning and Architecture Assessment, performance tuning and 
automation scripts 
• Clustering and load balancing solutions and bulk fault recovery solution 
• Patch Application and Purging Automation 
• Developing customized solutions & Deployment Strategy set-up 
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Matter of C-S-S- Inc 
• Installation, configuration and administration of the clustered Weblogic server, 
and OSB/SOA managed servers in H/ A environments for Development, QA and 
Production 
• Assist in the creation, configuration and administration of: WebLogic domains 
and managed servers for internal and external clients JDBC and multi data-source 
connections with Oracle 11 g database Distributed JMS servers, modules, queues, 
and connections FTP, File, Database and AQ adapters' connections Install and 
configure Oracle Application adapters 
• Monitor and direct performance testing and interpret testing results and 
recommend changes as needed. Configure Web-service securities through 
OWSM 
• Monitoring hosts, servers, applications, domains, components, composites Tuning 
servers and applications for better performance 
• Troubleshooting the emerging application issues, from server configuration to 
code issues 
• Managing incident, problem, change, release, configuration, service level, 
availability and capacity 
• Support the Production environment and enable the service fulfillment in live 
environment for business customers 
• Support UAT environment with testing and bug fixing 
• Identify and communicate technical problems, processes and solutions. 
The percentage of time to be spent on each duty2 
• Analyze software requirements/user problems to determine feasibility of 
application or design within time and cost constraints. Formulate and define 
scope and objectives through fact-finding to develop or modify complex software 
programming applications or information systems. Effort approx. 10% 
• Consult with hardware engineers and other engineering staff to evaluate interface 
between hardware and software and operational and performance requirements of 
the overall system. Effort approx. 5% 
• Formulate and design software system, using scientific analysis and mathematical 
models to predict and measure outcome and consequences of design. Includes 
preparation of functional specifications and designing of software programs. 
Builds detailed design specs., and programs for scientific, engineering, and 
business application. Design data conversion software programs. Effort approx. 
25%. 
• Develop arid direct software systems testing procedures, programming and 
documentation. Also, include testing units and computer software systems. 
Effort Approx. 55% 
2 
We find that these job duties are recited virtually verbatim from job postings found on the Internet for programmer 
analyst positions. 
3 
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Matter of C-S-S- Inc 
• Coordinate installation of software system. Effort Approx. 5% 
• Consult with customer concerning maintenance of software system. Effort 
Approx. 5% ... of time to spend needs to be based on jobduties [sic] list[ed] 
above .... 
The Petitioner also stated m its RFE response that "[i]n petltwner Company or industry, a 
baccalaureate degree in Electronics, Computer Science or Engineering is a standard minimum 
requirement" for the proffered position. 
III. ANALYSIS 
On appeal, the Petitioner submits additional job duties as it pertains to the phases of the 
project and argues that the proffered position qualifies as a specialty occupation as it satisfies all four 
of the regulatory criteria as discussed in the RFE response. 3 We have reviewed the entire record of 
proceedings before us. For the reasons discussed below, we have determined that the Petitioner has 
not demonstrated that the proffered position qualifies as a specialty occupation. 4 Specifically, we 
find that the record does not establish that the job duties require an educational background, or its 
equivalent, commensurate with a specialty occupation. 5 
A. Minimum Requirements for the Proffered Position 
As a preliminary matter, the Petitioner has provided inconsistent information regarding the minimum 
requirements for the proffered position. The Petitioner initially stated that the proffered position 
requires a bachelor's degree in computer science, 
science, technology, or a relevant field of 
engineering. However, in response to the RFE, the Petitioner stated that the position requires a 
bachelor's degree in electronics, computer science, or engineering. The Petitioner did not provide an 
explanation for the variances in the requirements. 
Importantly, the list of acceptable credentials includes "science" a broad category that covers 
numerous and various specialties. 6 Therefore, it is not readily apparent that a degree in any and all 
3 The Petitioner's appellate submission includes a statement in which the proffered position's title is presented as 
"programmer analyst" rather than as indicated within the petition as a "senior programmer analyst." 
4 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
5 The Petitioner submitted documentation to support the petition, including evidence regarding the position and its 
business operations. While we may not discuss every document submitted, we have reviewed and considered each one. 
6 For example, the term "science" is defined as "I a. The observation, identification, description, experimental 
investigation, and theoretical explanation of natural phenomena .... 2. Methodological activity, disciplines, or study 
<culinary science> 3. An activity that appears to require study and method." Webster's II New College Dictionary 1012 
(2008). Furhtermore, U.S. News and World Report's guide for colleges designates science programs into various 
subcategories, including biological sciences, chemistry, earth sciences, math, physics, statistics, as well as social science 
programs such as criminology, economics, English, history, political science, psychology, and sociology. See U.S. News 
and World Report, available at https://www.usnews.com/best-graduate-schools/top-science-schools (last visited Aug. II, 
2017). 
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Matter of C-S-S- Inc 
of these fields is directly related to the duties and responsibilities of the particular position profiered 
in this matter. 
Moreover, in general, provided the specialties are closely related, e.g., sales and marketing, 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 required "body of highly specialized 
knowledge" and the position, however, a minimum entry requirement of degrees in disparate fields 
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. 7 Section 214(i)( 1 )(B) of 
the Act (emphasis added). The Petitioner has not made this showing. 
B. First Criterion 
We now tum 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. 8 
On the labor condition application (LCA)9 the Petitioner presented in support of this petition, it 
classified the proffered position under the occupational title "Computer Programmers," 
corresponding to the Standard Occupational Classification code 15-1131.10 Thus, we reviewed the 
7 
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)( I )(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. 
8 All of our references are to the 20 I 6-2017 edition of the Handbook, which may be accessed in print or 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 we regularly review the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. Nevertheless, to satisfy the first criterion, 
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. 
9 
The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-I B 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 experience and qualifications who are performing the same services. See 
Matter of Simeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 20 I 5). 
10 
The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider~this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by 
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Matter of C-S-S- Inc 
Handbook's subchapter entitled "How to Become a Computer Programmer," which states, in 
pertinent part, that "some employers hire workers with an associate's degree." Bureau of Labor 
Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Computer Programmers (20 16-17 
ed.). The Handbook does not support the Petitioner's assertion thata bachelor's degree is required 
for entry into this occupation. 
In the instant matter, the Petitioner has not provided documentation from a probative source to 
substantiate its assertion regarding the minimum requirement for entry into this particular position. 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
C. Second Criterion 
The second criterion presents two altemati"ve 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 
concentrates on 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. We 
generally consider the following factors to determine whether there is such a common degree 
requirement: 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 establish 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)). 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook, or other authoritative source, reports a 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. 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that 
the Beneficiary will be expected to perfonn routine tasks that require limited, if any, exercise of judgment; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he will receive 
specific instructions on required tasks and expected results. DOL, Emp't & Training Admin., Prevailing Wage 
Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www. foreignlaborcert.doleta.gov/pdf/N PWHC _Guidance_ Revised _II_ 2009 .pdf 
6 
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Matter ofC-S-S- Inc 
In support of this criterion, the Petitioner submitted job postings from other employers that are 
insufficient to satisfy the regulatory requirements. For example, many ofthe postings do not appear 
to be for parallel positions. That is, the evidence does not sufficiently establish that the primary 
duties and responsibilities of the advertised positions are parallel to the proffered position. 
Furthermore, some postings are not for similar organizations, such as the posting from the 
human resources department, while others do not contain a specific degree 
requirement, such as the advertisement from Such material is insufficient 
to satisfy this criterion's requirements. 
As the documentation does not ·establish that the Petitioner has met this prong of the regulations, 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. 11 That is, not every deficit of every job posting has been addressed. 
The Petitioner also provided letters from two companies. 12 We reviewed the letters in their entirety. 
However, contrary to the purpose for which the letters were submitted, they are not persuasive in 
establishing the proffered position as a specialty occupation position under any of the criteria at 
§ 214.2(h)( 4 )(iii)(A). 
The letters do not establish that at least a bachelor's degree in a specific specialty, or its equivalent, 
is required for the positions. For instance, the letters indicate that a degree in a wide variety of 
disciplines is acceptable. 13 Specifically, one of the letters states that "[t]he position requires at least 
a Bachelor's degree in Science, Computer Science, Technology, 
Engineering, or related field." The 
11 The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. 
Further, it must be noted that even if all of the job postings indicated that a requirement of a bachelor's degree in a 
specific specialty is common to the industry in parallel positions among similar organizations (which they do not), the 
Petitioner has not demonstrated what statistically valid inferences, if any, can be drawn from the advertisements with 
regard to determining the common educational requirements for entry into parallel positions in similar organizations. 
See generally Earl Babbie, The Practice ofSocial Research 186-228 (1995). Moreover, given that there is no indication 
that the advertisements were randomly selected, the validity of any such inferences could not be accurately determined 
even if the sampling unit were sufficiently large. See id. at 195-196 ( ecxplaining that "[r]andom selection is the key to 
[the] process [of probability sampling]" and that "random selection offers access to the body of probability theory, which 
provides the basis for estimates of population parameters and estimates of error"). 
12 
We observe that the wording of the letters match virtually verbatim, including grammatical and punctuation errors. 
When letters are worded the same (and include identical errors), it indicates that the words are not necessarily those of 
the authors and may cast some doubt on the letters' validity. 
13 
As previously noted, since there must be a close correlation between the required "body of highly specialized 
knowledge" and the position, a minimum entry requirement of a degree in disparate fields would not meet the statutory 
requirement that the degree be "in the specific specialty," 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)( I )(8) of the Act (emphasis 
added). • 
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Matter of C-S-S- Inc 
other letter states that "[t]he position requires at least a Bachelor's degree m Business 
Administration, Computer Science, Engineering or related tield." 14 
Furthermore, the letters lack information regarding the specific job duties and day-to-day 
responsibilities for the position claimed to require a bachelor's degree. There is no information 
regarding the complexity of the job duties, supervisory duties (if any), independent judgment 
required or the amount of supervision received. Accordingly, there is insufficient information 
regarding the duties and responsibilities of the organizations' positions to determine whether the 
positions are the same or parallel to the proffered position. Moreover, we observe that the 
companies did not provide sufficient documentary evidence to corroborate that they currently or in 
the past employed individuals in parallel positions to the proffered position, nor did they provide 
adequate documentation to substantiate the claimed academic requirements. 15 The companies did 
not submit sufficient probative evidence of their recruitment and hiring practices. 
Without more, the Petitioner has not provided sufficient evidence to establish that a bachelor's 
degree in a specific specialty, or its equivalent, is common to the industry in parallel positions 
among similar organizations. Thus, the Petitioner has not satisfied the first prong of 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
The Petitioner described the proffered position and its business operations. The Petitioner also 
described how the Beneficiary is qualified for the position. 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. 
Here, the Petitioner did not sufficiently develop relative complexity or uniqueness as an aspect of the 
duties of the position. For instance, the Petitioner designated the proffered position as an entry-level 
position within the occupational category by selecting a Level I wage. This designation, when read 
in combination with the Petitioner's job descriptions and the Handbook's account of the 
requirements for this occupation. further suggests that the particular position is not so complex or 
14 
Furthermore, 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 finding that a 
particular position qualifies for classification as a specialty occupation. Royal Siam, 484 F.3d at 147. 
15 
One of the companies provided the foreign academic credentials of an individual; however, the company did not 
provide an academic credential evaluation to establish that the foreign degrees are equivalent to a U.S. bachelor's degree 
in a specific specialty. 
8 
Matter of C-S-S- Inc 
unique that the duties can only be performed by an individual with bachelor's degree or higher in a 
specific specialty, or its equivalent. 
Accordingly, the Petitioner has not satisfied the second alternative prong, of 8 C.F.R. 
§ 214.2(h)( 4)(iii')(A)(2). 
D. 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 record must establish that a petitioner's stated degree requirement is not a matter of preference 
for high-caliber candidates but is necessitated instead by performance requirements of the position. 
See Defensor v. Meissner, 201 F.3d at 387-88. Were we limited solely to reviewing the 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 Petitioner created a token degree 
requirement. Id. Evidence provided in support of this criterion may include, but is not limited to, 
documentation regarding the Petitioner's past recruitment and hiring practices, as well as 
information regarding employees who previously held the position. 
In response to the RFE, the Petitioner provided an internal job posting for the position of senior 
programmer analyst that was posted just before the instant petition was filed. The Petitioner did not 
provide further information or evidence regarding its recruiting history for the position. Without 
more, the submission of one internal posting is not persuasive in establishing that the Petitioner 
normally requires at least a bachelor's degree in a specific specialty, or its equivalent, for the 
position. Therefore, it has not satisfied the third criterion of 8 C.F.R. § 214.2(h)( 4)(iii)(A). 
E. 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. 
While the Petitioner provided a more detailed job description in response to the RFE, the description 
does not establish that the duties are more specialized and complex than positions that are not 
usually associated with at least a bachelor's degree in a specific specialty, or its equivalent. We also 
incorporate our earlier discussion and analysis regarding the duties of the proffered position, and the 
designation of the proffered position in the LCA as a Level I position (of the lowest of four 
assignable wage-levels) relative to others within the occupational category. 16 Without further 
16 
The Petitioner's designation of this position as a Levell, entry-level position undermines its claim that the position is 
particularly complex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a 
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Matter of C-S-S- Inc 
evidence, the Petitioner has not demonstrated that its proffered position is one with specialized and 
complex duties as such a position within this occupational category would likely be classified at a 
higher-level, requiring a substantially higher prevailing wage. 17 
Although the Petitioner asserts that the nature of the specific duties is specialized and complex, the 
record lacks sufficient evidence to support this claim. Thus, the Petitioner has submitted inadequate 
probative evidence to satisfy the criterion ofthe regulations at 8 C.P.R.§ 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
As the Petitioner has not satisfied at least one of the criteria at 8 C.P.R. § 214.2(h)( 4)(iii)(A), it has 
not demonstrated that the proffered position qualities as a specialty occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter ofC-S-S- Inc, ID# 586254 (AAO Aug. 14, 2017) 
Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or 
lawyers), a Level I, entry-level position would still require a minimum of an advanced 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 specialty 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 relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)( I) of the Act. 
17 
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" and requires a significantly higher wage. For additional 
information regarding wage levels as defined by DOL, see 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 
10