dismissed H-1B Case: Construction

U.S. Citizenship 
and Immigration 
Services 
MATTER OF Q-C-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 26,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a 1 0-employee construction company, seeks to temporarily employ the Beneficiary 
on a part-time basis as a "market research analyst" under the H-1 B nonimmigrant classification for 
specialty occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(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, California Service Center, denied the petition. The Director concluded that the 
Petitioner had not established the proffered position as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits a brief and additional 
evidence and asserts that the Director erroneously concluded that it had not established that the 
' proffered position is a specialty occupation. 
Upon de novo review, we will dismiss the appeal. 
l 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: 
Matter of Q-C-, Inc. 
' 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may' show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equ~valent 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 or a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in thecriteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Cherto,[f, 484 F.3d 139, 147 (1st Cir. 2007) (describi,ng "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 
description of duties for the proffered part-time market research analyst position (paraphrased for 
clarity): 
The Beneficiary will spend 50 percent of his time on responsibilities as a market 
research analyst, including the following duties: 
• Establish, develop, and run marketing department and oversee activities of 
marketing department personnel. 
• Prepare marketing objectives. 
• Further develop the company by opening new locations. 
• Plan, direct, or coordinate marketing policies and programs, such as 
determining the demand for products and services offered by the firm and its 
competitors, and identifying potential customers. 
• Develop pricing strategies with the goal of maximizing profits while 
increasing market share or share of the market while ensuring the firm's 
customers are satisfied. 
• Evaluate the financial aspects of product development, such as marketing 
budgets, expenditures, and development appropriations. 
2 
(b)(6)
Matter ofQ-C-, Inc. 
• Coordinate or participate in promotional activities, working with advertisers 
or production managers to market products or services. 
• Coordinate or participate in promotional activities or trade shows, working 
with developers, advertisers, or production managers to market products or 
services. 
• Consult with buying personnel to gain advice regarding the types of products 
or services expected to be in demand for upper class clients. 
• Collect and analyze data on customer demographics, preferences, needs, and 
buying habits to identifY potential markets and factors affecting product 
demand. 
• Conduct research on consumer opinions and carpet marketing strategies, 
collaborating with marketing professionals, statisticians, pollsters, and other 
professionals. Conduct market research studies and analyze the findings. 
Research international and local market conditions for stone products. 
\ 
The Beneficiary will spend 1 0 percent of his time conducting market research and 
analysis of the carpet market in the United States based on experience gained in the 
Philippines, including the following duties: 
• Identify, develop, and evalu~te marketing strategy. 
• Gather data on competitors and analyze their prices, sales, and method of 
marketing and distribution. 
• Evaluate demographics, prices, distribution channels, and market outlets. 
• Measure the effectiveness of marketing, advertising, and communications 
programs and strategies. 
• Prepare reports of findings, illustrating data graphically and translating 
complex findings into written text. 
The Beneficiary will spend 1 0 percent of his time introducing 
the U.S. market, including the following duties: 
into 
• Develop and implement procedures for identifying advertising needs. Assess 
promotional needs. 
• Generate vital information to facilitate decisions on the promotion, 
distribution, and design of products or services. 
• Provide management with information and proposals concerning the 
promotion, distribution, design, and pricing of company products or services. 
• Offer insights about product potentials. 
• Meet with clients to ascertain marketing goals. 
1 The Petitioner explains that the Beneficiary established this brand ilil the Philippines and that it planned, with the 
Beneficiary's help, to distribute this product in the United States. 
3 
(b)(6)
Matter~~ Q-C-, Inc. 
• Measure and assess customer and employee satisfaction. Solicit customer 
feedback. 
The Beneficiary will spend 10 percent of his time acting as a liaison between the 
Petitioner and other companies for prospective ,sales, including the following duties: 
• Identify new market opportunities. 
• Determine brand perceptions and reputations. 
• Evaluate market penetration. 
• Analyze designs and sizes suitable for target market both local and foreign. 
• Proyide recommendations to optimize marketing campaigns . 
• identify market segments, estimate consumer demand, and position products. 
• Help develop advertising brochures , sales plans, and product promotions. 
• Develop rebates, giveaways, and other incentives. 
The Beneficiary will spend 10 percent of his time monitoring sales and participating 
in big projects with including the following duties: 
• Keep track of sales. 
• Monitor industry statistics and follow trends in trade literature. 
• Create database and capture market data. 
• Analyze data on past sales to predict future sales. 
e. Identify positive financial outcomes . 
• Seek to increase profitability. 
The Beneficiary will spend 10 percent of his time conducting secondary research and 
establishing new market outlets, including the following duties: 
• Gather information and findings from industry associations and marketing 
experts. 
• Establish comparative data from current and previous research findings , 
documentation , and recommendations. 
• Establish new market outlets with the Beneficiary 's ability to speak four 
languages (Mongolian, English , Russian , and Tagalog) . 
According to the Petitioner, in order to perform all of the listed job responsibilities, the Beneficiary 
should have extensive knowledge which can only be gained with the basis of a college education. 
On appeal, the Petitioner listed six general duties and then provided a lengthy narrative outlining the 
demands and role of a market research analyst. 2 The Petitioner also identified eight responsibilities 
for a standard market research analyst. 
2 The six general areas of discussion included: running the marketing department, researching local market conditions for 
4 
Matter of Q-C-, Inc. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
Specifically, the record does not (1) describe the position's duties with sufficient detail; and (2) 
establish that the job duties require an educational background, or its equivalent, commensurate with 
a specialty occupation. 3 
On the labor condition application (LCA) 4 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161. 5 
Upon review of the general description of duties, the Petitioner has not provided sufficient evidence 
of what the Beneficiary will actually do in the proposed position so that we may analyze and 
ascertain the educational requirements required to perform those duties. 
For example, several of the proffered position's listed duties paraphrase the duties listed in the 
Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) subchapter on "Market 
Research Analysts," rather than describing the actual duties that will engage the Beneficiary while • working within the Petitioner's organization. See U.S. Dep't of Labor, Bureau of Labor Statistics, 
Occupational Outlook Handbook. 2016-17 ed., Market Research Analysts, 
https:/ /www. bls.gov/ooh/business-and- financial/market -research-analysts.htm#tab- 2 (last visited 
Jan. 18, 20 17). The Petitioner also recites portions of the broadly stated duties outlined in the 
Occupational Information Network (O*NET) Online Summary Report for market research analysts 
and .marketing specialists. See http://www.onetonline.org/link/summary/13-1161.00 (last visited 
Jan. 18, 2017). The overview of an occupation as reported in the Handbook and in the O*NET 
stone products, identifying, developing, and evaluating marketing strategies, further developing the company by opening 
new locations, implementing marketing promotion, and developing a strategic marketing plan. 
3 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. ) 
4 
The Petitioner is required to submit a certified LCA to USC IS to demonstrate that it will pay an H-1 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 ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-46 (AAO 2015). 
5 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 
the DOL piovides 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 perform 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. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://tlcdatacenter.com/download/NPWHC_Guidance_Revised_ll_2009.pdf. A prevailing wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. !d. 
5 
(b)(6)
Matter of Q-C-, Inc. 
summary report cannot be relied upon when discussing the duties attached to specific employment. 
In establishing a position as a specialty occupation, a petitioner must describe the specific duties and 
responsibilities to be performed by a beneficiary in relation to its particular business interests. 
Although the Petitioner briefly references its stone products, its plan to introduce the Beneficiary's 
carpet brand into the U.S. market, and its "big projects with '6 the Petitioner does 
not otherwise tie specific marketing tasks to its construction business or to its contracts with two 
home builders submitted on appeal. 
Additionally, the Petitioner indicated that the individual in the proffered position will establish, 
develop, and run the marketing department and oversee activities of marketing department 
personnel, but the record does not include an organizational chart or business plans indicating when 
the Petitioner expects such a department to be established and when the Beneficiary would be tasked 
with overseeing the activities of marketing department personnel. Moreover, while the Petitioner 
has provided a lengthy narrative of the proposed duties, the narrative continues to repeat the various 
general duties of a standard market research analyst, without detailing specific tasks associated with 
them. 
The Petitioner's overview of the occupation does not place the Beneficiary's actual duties within the 
context ofthe Petitioner's 10-employee company which specializes in fabrication and installation of 
countertops. Nor does this overview convey an understanding of the Beneficiary's actual duties for 
the Petitioner. Upon review of the Petitioner's general description ofthe proffered position, it is not 
possible to ascertain what specific duties will actually engage the Beneficiary on a day-to-day basis 
in his role developing the Petitioner's market research efforts. Again, as the record does not include 
an organizational chart or business plan, it is unclear whether the Petitioner has personnel to sell its 
products, including any products related to its expansion into the carpet industry, or to provide other 
services unrelated to market research to the Petitioner's organization, or whether the Beneficiary ' s 
tasks would also involve these duties. 
The Petitioner's generic description of the market research analyst occupation rather than the 
specific duties attached to the proffered position, precludes a finding that the proffered position 
satisfies any criterion at 8 C.F .R. § 214.2(h)( 4 )(iii)(A), because it is the substantive nature of that 
work that determines ( 1) the normal minimum educational requirement for entry into 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 
6 The Petitioner neither identified the big projects with and what they entail, nor submitted 
documentary evidence of its. relationship with A petitioner's unsupported statements are of very 
limited weight and normally will be insufficient to carry its burden of proof. See Matter of Soffici, 22 I&N Dec. 158, 
165 (Comm 'r 1998) (citing Matter of Treasure Craft of Cal., 14 J&N Dec. 190 (Reg'! Comm'r 1972)); see also Matter 
of Chawathe, 25 I&N Dec. 369 , 376 (AAO 20 I 0). The Petitioner must support its assertions with relevant, probative, 
and credible evidence. See Matter ~fChawathe, 25 l&N Dec. at 376. 
6 
Matter of Q-C-, Inc. 
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. 
Accordingly, as the Petitioner has not established that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A), it cannot be found that the proffered position qualifies for classification as a 
specialty occupation and the appeal must be dismissed on this basis alone. We will nevertheless 
perform a complete specialty occupation analysis under each of the four, alternative criteria at 
8 C.F.R. § 214.2(h)(4)(iii)(A). 7 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the DOL's Handbook as an 
authoritative source on the duties and educational requirements of the wide variety of occupations 
that it addresses. 8 
The subchapter of the Handbook entitled "How to Become a Market Research Analyst" states, in 
relevant part, the following: 
Most market research analysts need at least a bachelor's degree. Top research 
positions may reqmre a master's degree. Strong math and analytical skills are 
essential. 
Education 
Market research analysts typically need a bachelor's degree in market research or a 
related field. Many have degrees in fields such as statistics, math, and computer 
science. Others have backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics or consumer 
behavior, are also important. 
7 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
8 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 USClS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
7 
Matter of Q-C-, Inc. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a master's degree in 
business administration -(MBA). A master's degree is often required for leadership 
positions or positions that perform more technical research. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook. 2016-17 ed., 
Market Research Analysts, https :/ /www. b ls. gov I ooh/business-and- financial/market- research­
analysts.htm#tab-4 (last visited Jan. 18, 20 17). 
When reviewing the Handbook, we note that the Petitioner designated the proffered position under 
this occupational category at a Level I wage on the LCA. Based upon the Petitioner's designation of 
the proffered position as a Level I position (relative to others with the occupation) it does not appear 
that the Beneficiary will serve in a senior or leadership role or in a position that performs more 
technical research which would require a master's degree. 
The Handbook does not indicate that a bachelor's degree in a spec(fic specialty, or the equivalent, is 
normally required for entry into this occupation. That is, while the Handbook states that market 
research analysts typically need a bachelor's degree in or related to market research, it also states 
that "[m]any" market research analysts have degrees in various other fields such as statistics, math, 
and computer science. Based on the various degrees which many research analysts can possess, the 
Handbook does not support the position's eligibility under the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). . 
In general, provided the specialties are closely related, e.g., statistics and math, a minimum of a 
bachelor's or higher degree in more than one specialty is recognized as satisfying the "degree in the 
specific specialty" requirement of section 214(i)(1)(B) ofthe 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 "hody of highly specialized knowledge" and the position, however, 
a minimum entry requirement of degrees in disparate fields, such as market research and computer 
science, 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)(l )(b) of the Act (emphasis added). 9 The 
Petitioner has not done so here. 
9 Whether read with the statutory "the" or the regulatory "a," both readings denote a singular "specialty." Section 
214(i)(I)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). Still, 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. As just stated, this also includes even seemingly disparate specialties provided 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 
Matter of Q-C-, Inc. 
Moreover, the Handbook indicates that general-purpose bachelor's degrees in business 
administration and the social sciences are acceptable for entry into the market research analyst 
occupation. This statement is consistent with the Petitioner's educational requirement for the 
proffered position, which includes a bachelor's degree in business administration. But again, a 
minimum requirement of a general-purpose bachelor's degree, such as a business administration 
degree, without more, will not justify a finding that a particular position qualifies for classification as 
a specialty occupation. See Royal Siam Corp., 484 F.3d at 147; cf Matter of Michael Hertz Assocs., 
19 I&N Dec. 558, 560 (Comm'r 560). 
For these reasons, the Handbook is not determinative on the issue of the academic requirements for a 
generic market research analyst. 
Finally, we have considered the Petitioner's citation to Residential Finance Corp. v. USCJS, 839 F. 
Supp. 2d 985 (S.D. Ohio 2012), for the proposition that "[t]he knowledge and not the title of the 
degree is what is important. Diplomas rarely come bearing occupation-specific majors. What is 
required is an occupation that requires highly specialized knowledge and a prospective employee 
who has attained the credentialing indicating possession of that knowledge." 10 
We agree with the aforementioned proposition that "[t]he knowledge and not the title of the degree is 
what is important." In general, provided the specialties are closely related, e.g., chemistry and 
biochemistry, 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 a degree 
in two disparate fields, such as philosophy and engineering, would not meet the statutory 
requirement that the degree be "in the specific specialty (or its equivalent)," unless the Petitioner 
establishes how each field is directly related to the duties and responsibilities of the particular 
position such that the required body of highly specialized knowledge is essentially an amalgamation 
of these different specialties. Section 214(i)( 1 )(B) of the Act (emphasis added). Here, however, the 
Petitioner has not met its burden to establish that the particular position offered in this matter 
requires a bachelor's or higher degree in a specific specialty, or its equivalent, directly related to the 
duties described. Instead, the Petitioner emphasizes that the required degree is a·general bachelor's 
or college degree. I. 
10 The Petitioner also references the Residential Finance court as finding that the prospective employee's knowledge is 
what is relevant and not the title of the degree. We do not find that the Residential Finance court issued this finding. We 
also point out there that USC IS cannot determine if a particular job is a specialty occupation based on the qualifications 
of a beneficiary. A beneficiary's credentials to perform a particular job are relevant only when the job is first found to 
qualify as a specialty occupation. USCIS is required instead to follow long-standing legal standards and determine first, 
whether the proffered position qualifies as a specialty occupation, and second, whether the beneficiary was qualified for 
the position at the time the nonimmigrant visa petition was filed. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. at 
560 ("The facts of a beneficiary's background only come at issue after it is found that the position in which the petitioner 
intenp_? to employ him falls within [a specialty occupation]."). 
9 
Matter of Q-C-, Inc. 
In any event, while the Petitioner claims that its position is analogous to the position proffered in 
Residential Finance, the record does not include sufficient probative evidence to establish that the 
facts of the instant petition are analogous to those in Residential Finance. 11 We also note that, in 
contrast to the broad precedentiaf authority of the case law of a United States circuit court, we are 
not bound to follow the published decision of a United States district court in matters arising even 
within the same district. 12 See Matter of K-S-, 20 I&N Dec. 715, 719-20 (BIA 1993). Although the 
reasoning underlying a district judge's decision will be given due consideration when it is properly 
before us, the analysis does not have to be followed as a matter of law. !d. 
In this case, the Petitioner has not established that the proffered position falls under an occupational 
category for which the Handbook, or other authoritative source, indicates that normally the 
minimum requirement for entry is at least a bachelor's degree in a specific specialty, or its 
equivalent. 13 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. 
Upon review of the totality of the record, 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 
concentrates upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
11 It is noted that the district judge's decision in that case appears to have been based largely on the many factual errors 
made by the Director in the decision denying the petition. We further note that the Director's decision was not appealed 
to us. Based on the district court's findings and description of the record, if that matter had first been appealed through 
the available administrative process, we may very well have remanded the matter to the service center for a new decision 
for many of the same reasons articulated by the district court if these errors could not have been remedied by us in our de 
novo review of the matter. 
12 The Petitioner also cites Raj and Co. v. USCIS, 85 F. Supp. 3d 1241 (W.O. Wash. 20 15); however, the Petitioner did 
not demonstrate that the facts of that case are analogous to the facts of the instant petition. 
13 The Petitioner further refers to the Handbook as establishing that the occupation has been classified as a Job Zone 4 
occupation with a Specific Vocational Preparation (SVP) of 7 to 8. However, this classification and rating derive from 
O*NET Summary Reports. Upon review, O*NET does not indicate that 4-year bachelor's degrees required by Job Zone 
Four occupations must be in a specific specialty directly related to the occupation. Accordingly, the O*NET information 
is not probative of the proffered position being a specialty occupation. 
10 
Matter of Q-C-, Inc. 
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. 
When determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999)(quotingHird/BlakerCorp. v. Sava, 712F. Supp.1095, 1102(S.D.N.Y.1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative sources) reports an industry-wide 
requirement for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we 
incorporate by reference the previous discussion on the matter. Also, there are no submissions from 
the industry's professional association indicating that it has made a degree a minimum entry 
requirement. 
On appeal, the Petitioner references job listings and the Director's analysis of those job listings. 
However, the record does not include any advertisements for market research analysts or any other 
occupation. The Director's decision in this matter specifically noted that the Petitioner had not 
submitted "evidence to demonstrate that a degree in a specific field of study is common to the 
construction industry. in parallel positions arnong similar organizations." While the Director also 
noted that the record included a copy of a letter from the Beneficiary's former employer, the 
Director correctly found that the Beneficiary's previous employer did not specify that a bachelor's 
degree was required for the position. 
As the record does not include probative evidence that a "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, the Petitioner has not satisfied 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. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other market research analyst positions that can be performed by persons without 
II 
Matter of Q-C-, Inc. 
at least a bachelor's degree in a specific specialty, or its equivalent. As determined above, 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, the evidence of record does not establish 
that this position is significantly different from other market research analyst positions such that it 
refutes the Handbook's information to the effect that there is a spectrum of degrees acceptable for 
market research analysts' positions, including degrees in fields of general applicability. 
The Petitioner asserts on appeal that its goal in offering the position to the Beneficiary was to further 
develop the company aiid that the Beneficiary was the only business expert responsible for various 
areas of the company's marketing. Again, we have reviewed the Petitioner's lengthy narrative 
describing the proffered position and emphasize that the Petitioner did not submit probative evidence 
of its business operations and did not detail the Beneficiary's proposed duties within the context of 
its business operations. Although the Petitioner claims that the proffered position's duties are so 
complex and unique that a bachelor's degree is required, the Petitioner does not demonstrate how its 
market research analyst's duties 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. For instance, the Petitioner did not submit information 
relevant to a detailed course of study leading to a specialty degree and did not establish how such a' 
curriculum is necessary to perform the duties it claims are so complex and unique. While a few 
related courses may be beneficial in performing certain duties of the position, the Petitioner has not 
demonstrated how an established curriculum of such courses leaqing to a baccalaureate or higher 
degree in a specific specialty, or its equivalent, is required to perform the duties of the proffered 
position. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 14 
Again, the LCA indicates that, relative to other positions located within the "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary would perform routine 
tasks that require only a basic understanding and require limited, if any, exercise of judgment. 
Without further evidence, the record does not demonstrate that the proffered position is complex or 
unique as such a position falling under this occupational category would likely be classified at a 
higher-level, such as a Level III (experienced) or Level IV (fully competent) position, requiring a 
significantly higher prevailing wage. 
14 The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, a 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 a bachelor's 
degree in a specific specialty, or its equivalent, for entry. Similarly, however, a Level IV wage-designation would not 
reflect that an occupation qualifies as a 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)(l) ofthe Act. 
12 
Matter of Q-C-, Inc. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references his formal 
education and experience as evidence that the proffered position is a specialty occupation. 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, and it did not identify any tasks that are so 
complex or unique that only a specifically degreed individual could perform them. Thus, it cannot 
be concluded that the Petitioner has satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The Petitioner indicates that it is a new company and offers no evidence that it previously employed 
a market research analyst. To satisfy this specific criterion the record must include evidence that the 
performance requirements of the position generated the Petitioner's recruiting and hiring history. 
While a first-time hiring for a position is certainly not a basis for precluding a position from 
recognition as a specialty occupation, it is unclear how an employer that has not previously recruited 
and hired for the position would be able to satisfy the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
We also note that a petitioner's perfunctory declaration of a particular educational requirement will 
not mask the fact that the position is not a specialty occupation. USCIS must examine the actual 
employment requirements and, on the basis of that examination, determine whether the position 
qualifies as a specialty occupation. 15 See generally Defensor, 201 F.3d 384. The record here is 
insufficient to conclude that the Petitioner has satisfied the third criterion. 
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. 
The Petitioner asserts that the job duties of the proffered position are specialized and complex and 
again describes the role of a non-specific market research analyst and not the duties of the proffered 
position as those duties specifically relate to its business operations. We find that the Petitioner has 
15 The critical element is not the title of the position, or the fact that an employer has routinely insisted on certain 
c educational standards, but whether performance of the position actually 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, as the minimum for entry into the occupation as required by section 214(i)( I) of the Act. 
According to the Court in Defensor, "To interpret the regulations any other way would lead to an absurd result." !d. at 
388. If USCIS were constrained to recognize a specialty occupation merely because the petitioner has an established 
practice of demanding certain educational requirements for the proffered position - and without consideration of how a 
beneficiary is to be specifically employed- then any beneficiary with a bachelor's degree in a specific specialty could be 
brought into the United States to perform non-specialty occupations, so long as the employer required all such employees 
to have baccalaureate or higher degrees. See id. 
13 
Matter of Q-C-, Inc. 
not sufficiently developed relative specialization and complexity as· an aspect of the proffered 
position. In other words, the proposed duties have not been described with sufficient specificity to 
show that they are more specialized and complex than market research analyst 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 position in the LCA as a Level I position (the lowest of four assignable 
wage-levels) relative to others within the same occupational category. Upon review of the totality of 
the record, it does not include probative evidence that the duties as generally described require more 
than technical proficiency in the marketing research field. The Petitioner has not demonstrated in 
the record that its proffered position is one with duties sufficiently specialized and complex to satisfy 
8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
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. 
As a final matter, we have considered the Petitioner's reference to an approved H-1B petition that 
had been previously filed on behalf of the Beneficiary. However, if the previous nonimmigrant 
petition was approved based on the same unsupported assertions that are contained in the current 
record, the approval would constitute material and gross error on the part of the Director. We are not 
required to approve petitions where eligibility has not been demonstrated, merely because of prior 
approvals that may have been erroneous. See Matter of Church Scientology Int 'l, 19 I&N Dec. 593, 
597 (Comm'r 1988). It would be "absurd to suggest that [USCIS] or any agency must treat 
acknowledged errors as binding precedent." Sussex Eng'g, Ltd. v. Montgomery, 825 F.2d 1084, 
1090 (6th Cir. 1987). 
IV. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofQ-C-, Inc., ID# 183674 (AAO Jan. 26, 2017) 
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