dismissed H-1B Case: Construction

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-C-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 19,2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a construction firm, seeks to temporarily employ the Beneficiary as a "construction 
engineer" under the H-1 B nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 101(a)(l5)(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 V err.nont Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
On appeal, the Petitioner submits additional evidence and 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 protlered position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter of A-C-, LLC 
(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 po'sition 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 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 response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the proffered position: 
Job Description Percentage of time to 
be spent on each duty 
Inspect project sites to monitor progress and ensure 40% 
conformance to design specifications and safety or 
sanitation standards. 
Maintain compliance with the safety-assurance plan so that 20% 
work is accomplished in an environmentally sound manner 
using safe work practices. 
Anticipate and resolve problems encountered in the field to 8% 
eliminate costly rework or retesting. 
Coordinate with clients to ensure proposed construction 8% 
and work methods are clearly understood and accepted and 
ensure agreement on environmental and safety work plans 
for permitting. 
Provide input into the scheduling of projects to meet the 5% 
client's required deadline and maintain construction 
resources to acceptable levels. 
Monitor progress to ensure scheduling milestones are 5% 
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Matter of A-C-, LLC 
understood and are being met 
Coordinate between the construction contractor and the 5% 
project lead to resolve field discrepancies m design 
packages and material delays. 
Ensure equipment and manpower resources are being used 5% 
efficiently. 
Review contractor work performance and project status 4% 
updates. 
The Petitioner further clarified that the Beneficiary, as the construction engmeer, "will not be 
performing construction duties such as electrical, plumbing or HVACR, and/or work on home 
improvement projects[,] instead he will be performing Engineerial [sic] professional duties." The 
Petitioner also stated that the Beneficiary "does not need a license to work in the State of Maryland 
and/or to successfully perform as [its] Construction Engineer." 
The Petitioner stated that the minimum entry requirement for the proffered position is a bachelor's 
degree in engineering or a related field. 
III. ANALYSIS 
For the reasons set out below, we have determined that the proffered position does not qualify as a 
specialty occupation. Specifically, the record does not establish that the job duties reqmre an 
educational background, or its equivalent, commensurate with a specialty occupation. 1 
As a preliminary matter, we will address the Director's finding that the proffered position is more 
similar to a construction manager than a civil engineer. We agree with this finding. 
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. 2 The Handbook states the following about the duties of construction 
managers: 
Construction managers plan, coordinate, budget, and supervise construction projects 
from start to finish. 
1 
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. 
2 All of our references are to the 2016-2017 edition of the Hand hook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. 
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Matter c?f A-C-, LLC 
Duties 
Construction managers typically do the following: 
• Prepare cost estimates, budgets, and work timetables 
• Interpret and explain contracts and technical information to other 
professionals 
• Report work progress and budget matters to clients 
• Collaborate with architects, engineers, and other construction specialists 
• Select subcontractors and schedule and coordinate their activities 
• Respond to work delays, emergencies, and other problems 
• Comply with legal requirements, building and safety codes, and other 
regulations 
Construction managers, often called general contractors or project managers, 
coordinate and supervise a wide variety of projects, including the building of all types 
of public, residential, commercial, and industrial structures, as well as roads, 
memorials, and bridges. Either a general contractor or a construction manager will 
oversee the construction phase of a project, although a construction manager may also 
consult with the client during the design phase to help refine construction plans and 
control costs. 
-Construction managers oversee specialized contractors and other personnel. They 
schedule and coordinate alJ construction processes so that projects meet design 
specifications. They ensure that projects are completed on time and within budget. 
Some managers may be responsible for several projects at once-for example, the 
construction of multiple apartment buildings. 
Construction managers work closely with other building specialists, such as 
architects, civil engineers, and a variety of trade workers, including stonemasons, 
electricians, and carpenters. Projects may require specialists in everything from 
structural steel and painting to landscaping, paving roads, and excavating sites. 
Depending on the project, construction managers may interact with lawyers and local 
government officials. For example, when working on city-owned property or 
municipal buildings, managers sometimes confer with city inspectors to ensure that 
all regulations are met. 
For projects too large to be managed by one person, such as office buildings and 
industrial complexes, a top-level construction manager hires other construction 
managers to be in charge of difierent aspects of the project. For example, each 
construction manager would oversee a specific phase of the project, such as structural 
foundation, plumbing, or electrical work, and choose subcontractors to complete it. 
The top-level construction manager would then collaborate and coordinate with the 
other construction managers. 
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Matter of A-C-, LLC 
To maximize efficiency and productivity, construction managers often perform the 
tasks of a cost estimator. They use specialized cost-estimating and planning software 
to allocate time and money in order to complete their projects. Many managers also 
use software to plan the best way to get materials to the building site. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Construction Managers, https:/ /www. bls.gov /ooh/management/construction-managers.htm#tab- 2 
(last visited Mar. 22, 20 17). 
We agree with the Director that the duties of the proffered position are more similar to construction 
managers than civil engineers. Most of the duties of the proffered position are centered around 
supervising and managing project sites, including the duties of "[i]nspect[ing] project sites to 
monitor progress and ensure conformance to design specifications,'' "[a]nticipat[ing] and resolv[ing] 
problems encountered in the field," "[ c ]oordinat[ing] with clients," and monitoring progress, 
coordinating between contractors in the field, and reviewing performance of contractors. These 
duties are consistent with the Handbook's summary of the duties of construction managers, i.e., that 
they "plan, coordinate, budget, and supervise construction projects from start to finish." !d. 
On appeal, the Petitioner asserts that the proffered position is more similar to a civil engineer 
because the proffered duties are "more complex, unique and specialized than a Construction 
Manager." The Petitioner then provided an Internet printout listing the duties of a civil engineer 
identical to that provided in the Handbook, such as analyzing long range plans, survey reports, maps, 
and other data in order to plan projects; considering construction costs, government regulations, and 
other factors in planning the stages of, and risk analysis for, a project; compiling and submitting 
permit applications; performing and overseeing soil testing; testing building materials for use in 
particular projects; providing costs estimates to determine a project's economic feasibility; using 
design software to plan and design structures in line with industry and government standards; 
performing or overseeing surveying operations to guide construction; presenting findings to the 
public; and managing the repair, maintenance, and replacement of public and private infrastructure. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Civil Engineers, https://www.bls.gov/ooh/architecture-and-engineering/civil-engineers.htm#tab-2 
(last visited Mar. 22, 20 17). 
However, the duties listed for a civil engineer are not comparable to the duties of the proffered 
position. In particular, the Petitioner highlights that 40% of the Beneficiary's time will be spent on 
"[iJnspect[ing] project sites to monitor progress and ensure conformance to design specifications and 
safety or sanitation standards," 20% of his time will be spent on "[m ]aintain[ing] compliance with 
the safety-assurance plan so that work is accomplished in an environmentally sound manner using 
safe work practices," and 16% of his time will be spent on "[a ]nticipat[ing] and resolv[ing] problems 
encountered in the field to eliminate costly rework or retesting," and "[ c ]oordinat[ing] with clients to 
ensure proposed construction and work methods are clearly understood and accepted and ensure 
agreement on environmental and safety work plans for permitting," combined. Nevertheless, these 
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Matter of A-C-. LLC 
duties are outside of the scope of duties for civil engineers. While the Handbook does state that civil 
engineers "design, build, supervise, operate, and maintain construction projects and systems in the 
public and private sector," it does not state that civil engineers inspect project sites to monitor 
progress, maintain safety compliance, coordinate with clients, coordinate among contractors, or 
review contractor work performance and project status updates. See U.S. Dep't of Labor, Bureau of 
Labor Statistics, · Occupational Outlook Handbook, 2016-17 ed., Civil Engineers , 
https://www. bls.gov /ooh/architecture-and-engineering /civil-engineers.htm#tab-2 (last . visited 
Mar. 22, 20 17). 
We must also take into account the lack of evidence establishing that the Petitioner actually provides 
civil engineering services. Specifically, the Petitioner asserts that it is a "commercial retail and 
industrial sector focused construction firm providing preconstruction services, design/build 
solutions, and project management duties in the metropolitan area." However, there ·is 
insufficient evidence to establish that the Petitioner actually designs and plans construction projects. 
In fact, the only invoices and work orders provided by the Petitioner solely include performing 
"framing work" 
on residential projects at a specific construction site. There are no invoices or other 
objective evidence establishing that the Petitioner designs and plans construction projects , such that 
it may require an in-house employee performing civil engineering work. 
Thus, considering the duties of the proffered position and the lack of evidence establishing that the 
Petitioner provides civil engineering services, we are not persuaded by the Petitioner's assertions 
that the proffered position is a civil engineer position. We find that the position is more likely than 
not a construction manager position, and any further discussion of the proffered position will 
. proceed under this finding . 
We will now discuss whether the proffered pos1t1on qualities for classification as a specialty 
occupation under the supplemental, additional criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
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 recogni ze the Handbook as an 
authoritative source on the duties and educational requirements of the wide variety of occupations 
that it addresses. 3 
:; Again, 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 we regularly review 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. 
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Matter of A-C-, LLC 
On the labor condition application submitted in support of the H-1 B petitiOn, the Petitioner 
designated the proffered position under the occupational category "Civil Engineers" corresponding 
to the Standard Occupational Classification code 17-2051. However, based on our finding that the 
proffered position is that of a construction manager rather than a civil engineer, we will refer to the 
occupational category "Construction Managers" corresponding to the Standard Occupational 
Classification code 11-9021. 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
Large construction firms increasingly prefer candidates with both construction 
experience and a bachelor's degree in a construction-related field. While some 
individuals with a high school diploma and many years of experience in a 
construction trade may be hired as construction managers, these individuals are 
typically qualified to become self-employed general contractors. 
Education 
It is becoming increasingly important for construction managers to have a bachelor's 
degree in construction science, construction management, architecture, or 
engineering. As construction processes become more complex, employers are 
placing greater importance on specialized education. 
More than 100 colleges and universities offer accredited bachelor's degree programs 
in construction science, building science, or construction engineering. These 
programs include courses in project control and management, design, construction 
methods and materials, cost estimation, building codes and standards, and contract 
administration. Courses in mathematics and statistics are also relevant. 
More than fifty 2-year colleges offer construction management or construction 
technology programs. An associate's degree combined with work experience is 
typical for managers who supervise smaller projects. 
A few universities offer master's degree programs in construction management. 
Those with a high school diploma and several years of relevant work experience may 
qualify to become a construction manager, although most are qualified to become 
self-employed general contractors. 
Training 
New construction managers are typically hired as assistants and work under the 
guidance of an experienced manager. This training period may last several months to 
several years, depending on the firm. 
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Matter of A-C-, LLC 
Work Experience 
If the typical education is not obtained, practical construction experience is important 
for jobseekers, because it reduces the need for initial on-the-job training. Internships, 
cooperative education programs, and previous work in the construction industry can 
provide that experience. Some construction managers become qualified solely 
through extensive construction experience, spending many years in carpentry, 
masonry, or other construction specialties. 
Licenses, Certifications, and Registrations 
Although not required, certification is becoming increasingly important for 
construction managers. Certification is valuable because it can demonstrate 
knowledge and experience. 
The Construction Management Association of America awards the Certified 
Construction Manager (CCM) designation to workers who have the required 
experience and who pass a technical exam. It is recommended that applicants for this 
certification complete a self-study course that covers the professional role of a 
construction manager, legal issues, the allocation of risk, and other topics related to 
construction management. 
The American Institute of Constructors awards the Associate Constructor (AC) and 
Certified Professional Constructor (CPC) designations to candidates who meet its 
requiren:ents and pass the appropriate construction exams. 
Some states require licensure for construction managers. 
U.S. 'Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Construction Managers, Ntps://www.bls.gov/ooh/management/construction-managers.htm#tab-4 
(last visited Mar. 22, 2017). 
The Handbook indicates that construction experience and a bachelor's degree in a construction­
related field is preferred by large firms; however, it also reports that some employers hire workers 
with a high school diploma and many years of experience. See id. That is, the Handbook reports 
that individuals, who have less than a bachelor's degree in a specific specialty, or its equivalent, can 
obtain construction manager positions. Thus, the Handbook ·s report is insutlicient to conclude that 
simply by virtue of its occupational classification the position qualifies as a specialty occupation. 
We also reviewed O*NET OnLine's assignment of a Job Zone "Four" rating to the construction 
managers occupation, which groups it among occupations for which "most ... require a four-year 
bachelor's degree, but some do not." O*NET OnLine Summary Report for "11-9021.00 -
Construction Managers," https://www.onetonline.org/link/summarylll-9021.00 (last visited 
Mar. 22, 2017). However, O*NET OnLine does not indicate that four-year bachelor's degrees that 
may be required by Job Zone Four occupations must be in a specific specialty directly related to the 
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Matter of A-C-, LLC 
occupation. Therefore, the O*NET OnLine information is not probative of the profTered position 
being a specialty occupation. 
The record lacks sufficient evidence to support a finding that the duties and requirements of the 
position, as described, is one for which 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 we often consider 
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 ,%anti, 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, there are no submissions from the industry's professional association indicating that it has 
made a degree a minimum entry requirement. 
In support of its assertion that the degree requirement is common to the Petitioner's industry in 
parallel positions among similar organizations, the Petitioner submitted copies of advertisements for 
several positions entitled Construction Project Engineer, Construction Engineer, Project Engineer II, 
Civil/Structural Engineer, Construction Engineer Specialist, Construction Engineer I, and Foreign 
Service Construction Engineer. All of the advertisements require or prefer an engineering, 
architecture, or construction management degree; however, they also all require years of experience 
in addition to the bachelor's degree whereas the Petitioner does not list an experience requirement. 4 
Further, most of the advertised positions prefer candidates certified as Professional Engineers. Even 
4 We also note that two of the advertisements appear to accept equivalent work experience in place of a degree. 
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Matter ofA-C-, LLC 
if all of the job postings indicated that a bachelor's or higher degree in a specific specialty, or its 
equivalent, were required, the Petitioner has not established that the submitted advertisements are 
relevant in that the posted job announcements are not for parallel positions in similar organizations 
in the same industry. 
On appeal, the Petitioner submits additional advertisements, but does not address the Director's 
assertions that the previously submitted advertisements are not for parallel positions in similar 
organizations. The Director noted that the Petitioner is a two-person company and that the 
advertisements provided in response to the RFE were not comparable to the Petitioner's construction 
firm. The Director explained that one company has nearly 1 00,000 employees and provides services 
within the public and private sector, and another company provides services to the city of 
including city infrastructure. 
The additional advertisements have not been demonstrated to be similar to the Petitioner. For 
example, one of the advertisers, has over 200 employees ; has 
been operating over 93 years and continues to expand throughout several states; 
has over 1400 employees; has 82,500 employees in over 40 countries; 
and the U.S. Department of State is a government organization . Although each of the 
advertisements is related to construction or engineering , the advertising entities do not appear to be 
similar to the Petitioner's organization , a two-person construction firm that primarily provides 
residential construction services. The Petitioner may not establish that an organization is similar 
unless the Petitioner establishes that similar characteristics are shared with the advertising 
organizations, such as number of employees , level of revenue, and the nature or type of organization 
to list a few factors that may be considered. Moreover, we note that it is reasonable to assume that 
the size of an employer's business has or could have an impact on the claimed duties of a particular 
position. See EG Enters .. Inc. v. Dep 't qf Homeland Sec. , 467 F. Supp. 2d 728 (E.D. Mich. 2006). 
Thus, the size of a petitioner may be considered as a component of the nature of the petitioner's 
business, as the size impacts upon the actual duties of a particular position. 
For these reasons , it cannot be found that the advertisements suppot1 a finding that a bachelor's or 
higher degree in a specific specialty , or its equivalent , is common to the industry in parallel positions 
among similar organizations . The Petitioner has not satisfied the criterion of the first alternative 
prong of8 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 record here does not credibly demonstrate relative complexity or uniqueness as aspects of the 
proffered position. Specifically, it is unclear how the proffered position, as described, necessitates 
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Matter of A-C-, LLC 
the theoretical and practical application of a body of highly specialized knowledge 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, as reflected in this decision's earlier quotation of duty 
descriptions from the record of proceeding, the evidence of record does not distinguish the proffered 
position as unique frqm or more complex than other construction manager positions that can be 
performed by persons without at least a bachelor's degree in a specific specialty, or its equivalent. 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. That is, while the 
Petitioner claims that the position will focus on "engineerial [sic] professional duties," the Petitioner 
does not demonstrate how the construction engineer's duties described require the theoretical and 
practical application of a body of highly specialized knowledge such that a bachelor's or higher 
degree in a specific specialty, or its equivalent, is required to perform them. On appeal, the 
Petitioner insists that the Beneficiary will be employed as a construction engineer, rather than a 
construction manager, but does not provide any additional information specifically pertaining to the 
actual duties of the proffered position. For example, the Petitioner previously indicated that the 
Beneficiary would devote more than half of his time to inspecting project sites and maintaining 
compliance with the safety-assurance plan. However, these duties are not sufficient to demonstrate 
that the proffered position requires the theoretical and practical application of a body of highly 
specialized knowledge. 
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. The Petitioner did not sut1iciently 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 employe~ demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. The 
Petitioner did not submit any evidence of previous or current employees in the same position as the 
Beneficiary's proffered position. Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)(J). 
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 
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Matter of A~C-, LLC 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner asserts that the job duties of the proffered position are specialized and complex. We have 
reviewed the Petitioner's description of duties for the proffered position. Although the Petitioner 
generally refers to the proffered position as "highly demanding and specialized," we find that the 
Petitioner has not sufficiently developed relative specialization and complexity as an aspect of the 
proffered position. The Petitioner only provides a generic description of duties and responsibilities, 
including "[i]nspect[ing] project sites," "[ m ]onitor[ing] progress," and "[a ]nticipat[ing] and 
resolv[ing] problems encountered in the field to eliminate costly rework or retesting." We recognize 
that the Petitioner desires an employee who can successfully manage its construction projects, 
however the Petitioner has not established that the described duties require more than general 
proficiency in the construction management field. The Petitioner has not demonstrated that its 
proffered position is one with duties sutliciently specialized and complex to satisfy 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4). 
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. 
IV. CONCLUSION 
The appeal must be dismissed because the Petitioner did not establish that the proflered position is a 
specialty occupation. 
ORDER: The appeal is dismissed. 
/ 
Cite as Matter of A-C-, LLC, ID# 222749 (AAO Apr. 19, 2017) 
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