dismissed H-1B Case: Data Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 9871361 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 14, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "senior data analyst" under the H-1B 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B program allows a U.S. 
employer to temporarily employ a qualified foreign worker in a position that requires both (a) the 
theoretical and practical application of a body of highly specialized knowledge and (b) the attainment 
of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite 
for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the Petitioner did 
not establish that the proffered position is a specialty occupation. On appeal, the Petitioner asserts the 
Director erred and it has established eligibility for this classification. 
The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence.1 
The Administrative Appeals Office (AAO) reviews the questions in this matter de nova. 2 Upon de 
nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 10l(a)(15)(H)(i)(b) of the Act defines an H-1B nonimmigrant as a foreign national "who is 
coming temporarily to the United States to perform services . .. in a specialty occupation described in 
section 214(i)(l) ... "(emphasis added). Section 214(i)(I) of the Act, 8 U.S.C. § 1184(i)(I), defines the 
term "specialty occupation" as an occupation that requires "theoretical and practical application of a 
body of highly specialized knowledge, and 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 section 214(i)(I) of the Act but adds a 
non-exhaustive list of fields of endeavor. In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the 
proffered position must meet one of four criteria to qualify as a specialty occupation position. 3 Lastly, 
1 Section 291 of the Act ; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa' s Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
3 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with the statutory and regulatory definitions of a specialty occupation under 
8 C.F.R. § 214.2(h)(4)(i){A){1) states that an H-1B classification may be granted to a foreign national 
who "will perform services in a specialty occupation ... "(emphasis added). 
Accordingly, to determine whether the Beneficiary will be employed in a specialty occupation, we 
look to the record to ascertain the services the Beneficiary will perform and whether such services 
require the theoretical and practical application of a body of highly specialized knowledge attained 
through at least a bachelor's degree or higher in a specific specialty or its equivalent. Without 
sufficient evidence regarding the duties the Beneficiary will perform, we are unable to determine whether 
the Beneficiary will be employed in an occupation that meets the statutory and regulatory definitions of 
a specialty occupation and a position that also satisfies at least one of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). The services the Beneficiary will perform in the position determine: (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 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. 8 C.F.R. § 214.2(h)(4)(iii)(A). 
By regulation, the Director is charged with determining whether the petition involves a specialty 
occupation as defined in section 214(i)(1) of the Act. 8 C.F.R. § 214.2(h)(4)(i)(B)(2). The Director 
may request additional evidence in the course of making this determination. 8 C.F.R. § 103.2(b)(8). 
In addition, a petitioner must establish eligibility at the time of filing the petition and must continue to 
be eligible through adjudication. 8 C.F.R. § 103.2(b)(1). 
II. ANALYSIS 
Upon review of the record in its totality, we conclude that the Petitioner has not sufficiently established 
the substantive nature of the proffered position, which precludes a determination of whether the 
proffered position qualifies as a specialty occupation under sections 101(a)(15)(H)(i)(b), 214(i)(1) of 
the Act; 8 C.F.R. § 214.2(h)(4)(i)(A)(1), 8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). 
The Petitioner claims it is a two-employee4 software development company established in 2012 that 
develops software product to manage end-customer invoices for independent software vendors (ISVs) 
and its channel partners. The Petitioner provides a broad description of the proposed duties of the 
position and submits a labor condition application {LCA) 5 certified for a position located within the 
section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). 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"). 
4 The Petitioner indicated on the Form 1-129, Petition for a Nonimmigrant Worker, that it employs two individuals in the 
United States. The Petitioner's organizational chart, also submitted for the record, shows that the Petitioner, or an affiliated 
company, employs several individuals overseas. 
5 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-lB 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. Section 212(n)(l) 
of the Act; 20 C.F.R. § 655.731(a). 
2 
"Computer Occupations, All Others," standard occupational classification (SOC) code 15-1199. In 
its letter in support of the petition, the Petitioner identifies the specific sub-category of this 
occupational classification as 15-1199.07, "Data Warehousing Specialists." The Petitioner, however, 
states in the letter of support, that the job duties of the position are demonstrably a "Database 
Administrators" occupation, who "[d]esign[s] strategies for enterprise database systems and set 
standards for operations, programming, and security .... " The occupation that "[d]esign[s] strategies 
for enterprise database systems and set standards for operations, programming, and security ... ," 
however, does not describe a "Database Administrators" occupation, which is identified as SOC code 
15-1141,6 but rather describes a "Database Architects" occupation, SOC code 15-1199.06.7 Although 
we do not rely solely on the title of a particular position, as will be discussed, the Petitioner does not 
include sufficient probative information in the record regarding the proposed duties of the position to 
ascertain the nature of the position or to establish whether it selected the proper SOC code on the 
certified LCA. 8 
We reviewed the Petitioner's broad statement9 regarding the proposed duties to try to understand the 
substantive nature of the position and determine whether the performance of such services would 
require a bachelor's degree in a specific specialty, or its equivalent. The Petitioner indicates that the 
Beneficiary will perform the fol lowing duties: 
I Gather and analyze invoice files and usage files from the ISVs [20%]. 
I Extract useful information or invoicing the end user in CSV format [20%]. 
I Standardize the invoices by enriching the extracted information with other relevant 
information like PO details, A/R, subscription profile [20%]. 
I Identify the key metrics for end-user and design the dashboard to visualize the same 
[20%]. 
I Build system for managing the master data of pricing and invoice generation [20%]. 
These duties do not convey an understanding of what the Beneficiary will be required to do and how 
such services require a bachelor's degree in a specific specialty, or its equivalent. The supplementary 
duties, similarly, are vague and generic. For example, the Petitioner contends that the Beneficiary will 
design the field mapping of the source for strong data in MongoDB, gather invoice and usage data in 
6 Occupational Information Network Online (O*NET) summary report for "Database Administrators," SOC code 15-1141 
at https://www.onetonline.org/link/summary/15-1141.00 (last visited Sep. 11, 2020). 
7 O*NET summary report for "Database Architects," SOC code 15-1199.06 at 
https://www.onetonline.org/link/summary/15-1199.06 (last visited Sep. 11, 2020). 
8 The purpose of the U.S Department of Labor's (DOL) wage requirement is "to protect U.S. workers' wages and eliminate 
any economic incentive or advantage in hiring temporary foreign workers." See Labor Condition Applications and 
Requirements for Employers Using Nonimmigrants on H-lB Visas in Specialty Occupations and as Fashion Models; Labor 
Certification Process for Permanent Employment of Aliens in the United States, 65 Fed. Reg. 80,110, 80,110-11 (proposed 
Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56) (indicating that the wage protections in the Act seek "to protect 
U.S. workers' wages and eliminate any economic incentive or advantage in hiring temporary foreign workers" and that 
this "process of protecting U.S. workers begins with [the filing of an LCA] with [DOL]."). It also serves to protect H-1B 
workers from wage abuses. While DOL certifies the LCA, U.S. Citizenship and Immigration Services determines whether 
the LCA's content corresponds with and supports the H-1B petition. See 20 C.F.R. § 655.705(b) ("DHS determines 
whether the petition is supported by an LCA which corresponds with the petition .... "). See also Matter of Simeio 
Solutions, 26 l&N Dec. 542, 546 n.6 (AAO 2015). 
9 In response to the Director's request for evidence, the Petitioner added supplementary duties to the initially described 
duties which we have reviewed in full. 
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different formats, parse data structures, and identify missing information in invoices. The Beneficiary 
will also develop data mapping solutions, extract, transform, load (ETL) design and implement data 
views and SQL jobs, and construct data models. From these and the other generally stated duties, we 
understand that the Beneficiary will be involved in gathering, parsing, and mapping data, as well as 
designing a dashboard for standard reports, however, these tasks are not sufficiently detailed to 
demonstrate they require a bachelor's degree in a specific specialty, or its equivalent, or that the 
Petitioner has selected the proper occupation and wage level on the LCA. Further, restricting our 
ability to discern the nature of the position is the lack of context in which the Beneficiary will perform 
these services. 
The Petitioner identifies two products it claims the Beneficiary will work on - the Invoice 2 Invoice 
platform and a data assimilator appli~e Petitioner provides what appears to be a PowerPoint 
presentation regarding a third party L___J product offering. The Petitioner does not discuss or 
provide evidence of its relationship with this third party. The record does not include sufficient 
information regarding the Petitioner's work, development, installation, maintenance, of this product 
or the Beneficiary's specific role in relation to this product. It does not appear to be a proprietary 
product and the Petitioner has not submitted probative evidence establishing that it is such a product. 
Similarly, the record does not include sufficient information regarding the data assimilator application 
so that we can ascertain the Beneficiary's role in developing or maintaining the application. The 
Petitioner has not provided sufficient detail regarding the nature and scope of the Beneficiary's 
employment or any substantive evidence regarding the actual work that the Beneficiary would perform 
on these or other projects. Without a meaningful job description, the record lacks evidence sufficiently 
probative and informative to demonstrate that the proffered position requires a specialty occupation's 
level of knowledge in a specific specialty. 
We also reviewed the Petitioner's stated requirements to perform the duties of the proffered position. 
According to the Petitioner's initial statement, its "minimum requirement for this position is a 
comprehensive understanding of computer sciences and information technology, which comes with at 
least a Bachelor's degree in engineering or a related field." 10 The Petitioner seems to suggest initially 
that it requires only general knowledge of computer sciences and information technology that may be 
part of a general engineering degree. In response to the Director's request for evidence, the Petitioner 
provided its undated advertisement for a senior data analyst with the exact duties it described initially, 
and listed its desired skills for the position as a "BS or Master's Degree in Computer Science, Maths, 
Engineering or related field and relevant experience." The Petitioner's indication that the academic 
degree is one of its "Desired Skills" strongly suggests that the Petitioner does not actually have a 
minimum academic requirement to perform the position. The Petitioner also does not explain its 
expansion of the acceptable fields of study and does not define what it considers relevant experience.11 
10 The Petitioner also refers to some of the Beneficiary's specific courses that may be beneficial in periorming certain 
duties of the position; however the record does not include the necessary evidence establishing that an engineering degree 
or any specific degree is required in order to perform the duties of the proffered position. Put simply, stating that a person 
with a bachelor's degree in one or more disciplines could perform the duties of the proffered position is not the same as 
demonstrating that such a degree is required to perform those duties. 
11 We note that the Petitioner seems to rely not only on the Beneficiary's general engineering degree but also his four years 
of experience to perform the duties of the position, although it does not expressly state an experience requirement. First, 
the test to establish a position as a specialty occupation is not the Beneficiary's education or experience but whether the 
4 
The Petitioner's other "Desired Skills" include "[k]knowledge of software development," "Microsoft 
Excel," reporting based on data points, data visualization, knowledge of rating and invoicing, critical 
thinking, strong knowledge of any scripting language, and Mango DB (database). These additional 
desired ski I Is are generic and could reasonably be gained through any kind of education, and indeed 
through work experience or life in general. The Petitioner's inconsistent and vague statements 
regarding the requirements to perform the duties of the position add further confusion to the record 
and undermine its claim that the proposed position is a specialty occupation. 
The opinion authored by.__ ______ __. Associate Dean, I I College and Graduate 
School [ !Associate Professor of Statistics! !University, adds further ambiguity 
to the record regarding requirements to perform this position. I I notes that a senior data analyst 
must possess acumen and experience working with large data sets and possess bachelor-level study of 
quantitative knowledge, concepts, and skills. I I then concludes that the position requires at 
least a bachelor's degree in statistics or a related field. He does not discuss the Petitioner's stated 
requirements, vague as they are, and he does not offer an analysis of how a general engineering degree 
and a statistics degree impart the same closely related bachelor's level highly specialized knowledge 
in a specific specialty. 12 
The Petitioner in this matter has inconsistently identified the proposed occupation and has provided 
vague and inconsistent information regarding the academic requirements, if any, to perform the duties 
of the proffered position. Additionally, the duties are so broadly described they could encompass any 
number of occupations. That is, the duties are so general we cannot ascertain either the application of 
knowledge needed to perform the position, or the actual occupation and wage level required. There 
are technology occupations that may be performed with a general degree (either at the bachelor or 
associate's level) and certifications or undefined experience in a particular program or third-party 
software. There are also technology occupations that may require special skills, specific certifications, 
advanced knowledge, or that incorporate the duties of more than one occupation. Here, the Petitioner 
has not provided sufficient consistent information to establish the nature of the proffered position and 
the minimum requirements needed to perform the duties of the position. The record does not establish 
the substantive nature of the proffered position's duties or demonstrate that performing such duties 
would require the theoretical and practical application of highly specialized knowledge and attainment 
of at least a bachelor's degree in a specific specialty or its equivalent. 
111. CONCLUSION 
The record of proceeding does not establish that the proffered position requires both: (1) the theoretical 
and practical application of a body of highly specialized knowledge; and (2) the attainment of a 
position itself requires specific specialty knowledge. As discussed, neither the Petitioner's descriptions of duties nor its 
inconsistent claims regarding minimum requirements is sufficient to establish the proffered position as a specialty 
occupation. Second, the Petitioner's reliance on the Beneficiary's four years of experience creates further ambiguity in 
the record regarding the Petitioner's minimum requirements to perform the duties of the proffered position. For example, 
reviewing the totality of the record, it appears that the position could be performed with one or two background courses 
and some undefined experience in the use of the various third-party technologies referenced. 
12 We may, in our discretion, use opinion statements submitted by the Petitioner as advisory. Matter of Caron lnt'I, Inc., 
19 l&N Dec. 791, 795 (Comm'r 1988). However, where an opinion is not in accord with other information or is in any 
way questionable, we are not required to accept or may give less weight to that evidence. Id. 
5 
bachelor's degree in the specific specialty. The Petitioner, therefore, has satisfied neither the statutory 
definition of a "specialty occupation" at section 214(i)(l)(B) of the Act nor the regulatory definition 
of a specialty occupation at 8 C.F.R. § 214.2(h)(4)(ii). The Petitioner also has not satisfied any of the 
supplemental specialty-occupation criteria enumerated at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l)-(4). As the 
Petitioner has not met these regulatory and statutory requirements further discussion of the issues 
raised on appeal is unnecessary. 
ORDER: The appeal is dismissed. 
6