dismissed H-1B Case: Computer Systems Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 8397371 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 2, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "energy management system analyst" 
under the H-1 B 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-lB 
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 petition, concluding that the evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 
2012). Upon de nova 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: 
( 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. 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. ANALYSIS 
For the reasons discussed below, we have determined that the Petitioner has not demonstrated that the 
proffered position qualifies as a specialty occupation. 1 Specifically, we conclude that 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 first tum to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(I), 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 will consider the information contained 
in the U.S. Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) regarding the 
duties and educational requirements of the wide variety of occupations it addresses. 3 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 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. 
3 We do not 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 satisty 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. 
2 
The Petitioner submitted the required DOL ETA Form 9035 & 9035E, Labor Condition Application 
for Nonimmigrant Workers (LCA) with this petition, where it classified the proffered position under 
the occupational title "Computer Systems Analysts," corresponding to the Standard Occupational 
Classification code 15-1121. 4 According to the portion of the Handbook titled How to Become a 
Computer Systems Analyst, "[a] bachelor's degree in a computer or information science field is 
common, although not always a requirement. Some firms hire analysts with business or liberal arts 
degrees who have skills in information technology or computer programming." 5 The Handbook also 
states: "Although many computer systems analysts have technical degrees, such a degree is not always 
a requirement. Many analysts have liberal arts degrees and have gained programming or technical 
expertise elsewhere." 6 
The Handbook therefore does not support the assertion that at least a bachelor's degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for these positions. As cited above, 
the Handbook specifically states that a bachelor's degree in a related field is "not always a 
requirement." The Handbook continues by indicating that there is a wide range of degrees that are 
acceptable for positions in this occupation, including general-purpose degrees in business and liberal 
arts. Again, we interpret the term "degree" to mean a degree in a specific specialty that directly relates 
to the proposed position. 7 
Since there must be a close correlation between the required specialized studies and the position, a 
requirement for general and wide-ranging degrees such as in business and liberal arts strongly suggests 
that computer systems analysts positions are not categorically a specialty occupation. 8 Further, while 
the Handbook indicates that computer systems analysts without a computer-related degree obtain 
related skills and experience elsewhere, it does not quantify the skills and experience needed for entry 
into this occupation by individuals without a computer-science related degree. It further reports that 
many analysts have technical degrees. However, the Handbook does not specify a degree level ( e.g., 
associate's degree, baccalaureate) for these technical degrees. 
In the absence of support from the Handbook, the Petitioner submitted DOL's Occupational 
Information Network (O*NET) summary report for "Computer Systems Analysts" listed as SOC code 
15-1121.00. Though relevant, the information the Petitioner submitted from O*NET does not 
establish the Petitioner's eligibility under the first criterion, as it does not establish that a bachelor's 
degree in a spec[fic specialty, or the equivalent, is normally required. The summary report provides 
4 The Petitioner is required to submit a certified LCA to U.S. Citizenship and Immigration Services (USCTS) to demonstrate 
that it will pay the Beneficiary 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. Section 212(n)(l) of the Act; 20 C.F.R. § 655.731(a). 
5 Bureau of Labor Statistics, DOL, Handbook, Computer Systems Analysts, https://www.bls.gov/ooh/computer-and­
information-technology/computer-systems-analysts.htm#tab-4 (last visited Nov. 20, 2019). 
6 Id. 
7 See Royal Siam, 484 F.3d at 147. 
8 See id. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988). See also Altimetrik Corp. v. Cissna, 
No. 18-10116, 2018 WL 6604258, at *6 (E.D. Mich. Dec. 17, 2018) (the Handbook "makes it clear that a degree in a 
computer-related field is not required" for these positions, and therefore "USCTS [was] entitled to deference in its finding 
that systems analysts are not required to have a bachelor's degree in a specific specialty"). 
3 
general information regarding the occupation; however, it does not support the Petitioner's assertion 
regarding the educational requirements for these positions. For example, the Specific Vocational 
Preparation (SVP) rating, which is defined as "the amount of lapsed time required by a typical worker 
to learn the techniques, acquire the information, and develop the facility needed for average 
performance in a specific job-worker situation," cited within O*NET's Job Zone designates this 
position as having an SVP 7 < 8. This indicates that the occupation requires "over 2 years up to and 
including 4 years" of training. 9 While the SVP rating provides the total number of years of vocational 
preparation required for a particular position, it is important to note that it does not describe how those 
years are to be divided among training, formal education, and experience - and it does not specify the 
particular type of degree, if any, that a position would require. 10 The O*NET summary report for this 
occupation also does not specify that a degree is required, but instead states, "most of these occupations 
require a four-year bachelor's degree, but some do not." Similar to the SVP rating, the Job Zone Four 
designation does not indicate that any academic credentials for Job Zone Four occupations must be 
directly related to the duties performed. 
Further, we observe that the summary report provides the educational requirements of "respondents," 
but does not account for 100% of the "respondents." The respondents' positions within the occupation 
are not distinguished by career level ( e.g., entry-level, mid-level, senior-level). Additionally, the graph 
in the summary report does not indicate that the "education level" for the respondents must be in a 
specific specialty. The survey indicates that 33% of "respondents" claim to hold a bachelor's degree 
and 14% of "respondents" claim to hold a master's degree. However, the same survey indicates that 
compared to bachelor's degree respondents almost the same amount of respondents, 29%, reported 
possessing at most an associate's degree, and further, 24% are unaccounted for. 11 Regardless, a 
requirement for a bachelor's degree alone is not sufficient. 
In support of this criterion, the Petitioner also provided printouts from www.careeronestop.org and 
www.bls.gov; however, similar to O*NET, the printouts do not state that a bachelor's degree in a 
specific specialty is required for these positions. 
In the instant matter, the Petitioner has not provided sufficient documentation from a probative, 
authoritative 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). 
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 contemplates the 
9 This training may be acquired in a school, work, military, institutional, or vocational environment. Specific vocational 
training includes: vocational education, apprenticeship training, in-plant training, on-the-job training, and essential 
experience in other jobs. 
1° For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/ 
online/svp. 
11 Nor is it apparent that these individuals' credentials were hiring prerequisites. 
4 
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 sources of evidence to determine if 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 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) (considering these 
"factors" to inform the commonality of a degree requirement)). 
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. 
In support of this criterion, the Petitioner submitted copies of job announcements placed by other 
employers. However, upon review of the documents, we find that the Petitioner's reliance on the job 
announcements is misplaced. First, the Petitioner has not demonstrated that these organizations are 
similar. When determining whether the Petitioner and the organization share the same general 
characteristics, such factors may include information regarding the nature or type of organization, and, 
when pertinent, the particular scope of operations, as well as the level of revenue and staffing (to list 
just a few elements that may be considered). It is not sufficient for the Petitioner to claim that an 
organization is similar and conducts business in the same industry without providing a legitimate basis 
for such an assertion. For instance, the Petitioner did submit information regarding the employers' 
revenue or staffing. The Petitioner did not sufficiently supplement the record of proceedings to 
establish that these advertising organizations are similar. 
Moreover, the advertisements do not appear to involve parallel positions. For example, some of the 
positions appear to be for more senior, experienced employment than the proffered position. 12 Further, 
some of the postings do not include sufficient information about the tasks and responsibilities for the 
advertised positions. Thus, the Petitioner has not sufficiently established that the primary duties and 
responsibilities of the advertised positions are parallel to those of the proffered position. 
12 For instance, the posting placed by Tri-State Generation and Transmission Association states a requirement for a 
bachelor's degree and eight or more years ofinfonnation technology or operation technology experience. In addition, the 
adveitisement placed by Cross Texas Transmission states a requirement for a bachelor's degree and four to six years of 
experience "maintaining an OST Monarch EMS." 
5 
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. 13 That is, not every deficit of every job posting has been addressed. 14 
In addition, the Petitioner submitted a letter from the Director of Operations IT at Clearway Energy 
Group. The officer states that the position of energy management system analyst requires a bachelor's 
degree in computer science, engineering, or a related field. The officer concludes that "were my 
company to have an immediate need in this area, this is the background that I would expect from a 
viable candidate and this is the background we have historically required for this type of position." 
While the officer states that it only employs individuals who have the required qualifications and 
experience associated with the position, the officer does not provide the number of people who have 
held the position or describe their specific credentials. The letter is not supported by evidence or 
sufficient information that this organization "routinely employ[ s] and recruit[ s] only degreed 
individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999). 
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 alternative prong of 8 C.F.R. 
§ 2 l 4.2(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. 
We reviewed the Petitioner's statements regarding the proffered pos1t10n; however, while the 
Petitioner stated that the Beneficiary will work in its Power Services business unit and "will primarily 
provide 'C' language development and support for system Operations and Asset Management, while 
also performing other general [ energy management system "EMS"] and [ supervisory control and data 
acquisition "SCADA"] support functions," it has not sufficiently developed relative specialization or 
complexity as an aspect of the proffered position. That is, the Petitioner has not explained in detail 
how the nature of some of the duties such as: 
13 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. 
14 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 of Social 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 detennined even if the 
sampling unit were sufficiently large. See id. at 195-196 (explaining 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"). 
6 
• troubleshoot and resolve complex and diverse operational and energy market related 
issues 
• understand and implement various Independent System Operator telemetry 
requirements to maintain grid operator reliability and compliance 
• support internal business units and external customer business and data needs 
• produce deliverables with deadlines and ensure various project completion 
• perform rotating 24x7 on-call duties to support EMS/SCADA related issues 
• dependable, reliable, and predicable attendance is required 
are so specialized and complex that the knowledge required to perform them is usually associated with 
the attainment of a bachelor's degree in a specific specialty, or its equivalent. These listed duties, 
when read in combination with the evidence found in record of proceedings, suggest that the nature of 
this particular position is not so specialized and complex that the knowledge required to perform them 
is usually associated with the attainment of a bachelor's degree in a specific specialty, or its equivalent. 
Moreover, the Petitioner provided documentation regarding EMS and SCADA. However, while this 
documentation provides information about the systems and software the Beneficiary will work on, it 
does not farther identify how the job duties of the proffered position or the position itself requires the 
theoretical and practical application of a body of highly specialized knowledge. 
The Petitioner also 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. 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 of 8 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 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, 201 F.3d at 387-88. Were we limited solely to reviewing a petitioner's claimed self­
imposed requirements, an organization could bring any individual with a bachelor's degree to the 
United States to perform any occupation as long as the petitioning entity 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 support of this criterion, the Petitioner submitted its own job posting for an energy management 
system analyst position. The job posting states "Bachelor's degree in Engineering, Computer Science, 
or a related field" and "(1-5) years of EMS/SCADA, computer science, telecommunications, field 
7 
technician/engineering, or related experience." The advertisement is not consistent with the initially 
stated requirements for the proffered position, which was a bachelor's degree in computer science, 
engineering, or a related field, and "0-1 year of experience." As such, the Petitioner has not 
sufficiently established that the proffered position is the same or similar to the advertised position such 
that we can conclude that the Petitioner normally requires a bachelor's degree in a specific specialty, 
or its equivalent, for this position. 
In response to the Director's request for evidence, the Petitioner asserted that "individuals in the 
Energy Management System Analyst position, must possess, at a minimum, a bachelor's degree in 
computer science, engineering, or a related field." In support of this assertion, the Petitioner provided 
the offer letter and resume of one individual. The Petitioner did not submit the academic credentials 
of this individual, e.g. copies of diplomas and transcripts. The Petitioner should note that the 
evidentiary weight of a resume is generally insignificant as it represents a claim by an individual, 
rather than evidence to support that claim. In the instant case, no further documentation was submitted 
of the individual's asserted credentials. 
Moreover, the Petitioner did not provide the job duties and day-to-day responsibilities of the employee 
that it claims serves in position that is the same as the proffered position. The Petitioner did not 
provide any information regarding the complexity of the job duties, supervisory duties (if any), 
independent judgment required or the amount of supervision received. Accordingly, the Petitioner 
has not established that the duties and responsibilities of this individual are the same as the 
Beneficiary's in the proffered position. 
Without more, the Petitioner has not persuasively established that it normally requires at least a 
bachelor's degree in a specific specialty, or its equivalent, for the position. Therefore, the Petitioner 
has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
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. 
Upon review, we conclude that relative specialization and complexity have not been sufficiently 
developed by the Petitioner as an aspect of the proffered position. While the evidence submitted 
demonstrates that the position may require that the Beneficiary possess some skills and technical 
knowledge in order to perform these duties, the Petitioner has not sufficiently explained how these 
tasks 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. The record does not include sufficient probative evidence that 
the duties require more than technical proficiency in the field. Thus, the Petitioner has not 
demonstrated 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). 
8 
III. 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 qualifies as a specialty occupation. The appeal will be 
dismissed for the above stated reasons. 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. 
ORDER: The appeal is dismissed. 
9