dismissed H-1B Case: Design

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-H-NY LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 13,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a design company with one employee, seeks to temporarily employ the Beneficiary 
as a "senior designer" under the H -1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a 
qualified foreign worker in a position that requires both (a) the theoretical and practical application 
of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the evidence of 
record does 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, 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: 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
Matter ofC-H-NY LLC 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted the term "degree" 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. Chertoff, 484 F.3d 
13 9, 14 7 (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). 
The degree requirement set by the statutory and regulatory framework of the H-IB program is not 
just a bachelor's or higher degree, but a bachelor's degree in a specific specialty that is directly 
related to the duties of the position. See section 214(i)(l)(b) of the Act and 8 C.F.R. 
§ 214.2(h)(4)(ii). Although a general-purpose bachelor's degree may be a legitimate prerequisite for 
a particular position, requiring such a degree, without more, will not justify a finding that a particular 
position qualifies for classification as a specialty occupation. Royal Siam, 484 F.3d at 147. 
II. PROFFERED POSITION 
The Petitioner states that the Beneficiary will be employed as a senior designer. In response to the 
Director's request for evidence (RFE), the Petitioner submitted the following duties for the proffered 
position: 
• Prepare client presentations and proposals; Create floor plans and elevations using 
AutoCAD, Revit, Chief Architect, Sketch-Up, and Photoshop and Microsoft 
Office. - 40% 
o Preparing presentations of designs and pitches to clients, while considering 
client's wishes and requests, presented as floor plans & elevations by using 
computer programs and at times hand renderings. In addition, composing 
options of design selections for clients to choose from in the form of mood 
boards/collages or 3D photo realistic images that showcase the actual 
materials and items to be used in the project. 
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Matter ojC-H-NY LLC 
Cl 
• Research and source items such as furniture, fabrics, accessories, finishes, 
lighting, etc.; Communicate with vendors for quotes and product specifications. -
25% 
o Researching & sourcing items such as furniture, fabrics, accessories, finishes, 
lighting, plumbing fixtures, equipment etc. using a critically trained eye for 
quality and authenticity. Coordinating materials with vendors, fabricators and 
installers (upholstery, draper, furniture marking etc.). 
• Collaborate with outside architects, contractors, and subcontractors. - 1 0% 
o Be familiar with programs such as Studio Designer, and Design Manager. 
Preparing invoices, purch~se orders and estimates for clients and vendors 
using the software programs designed specifically for the interior design and 
construction industry. 
• Coordinate and attend client meetings; Manage client communications and 
relationships. - 25% 
o Coordinating and presenting to clients, while providing all the necessary 
information regarding the project. Walking the client through the process and 
aiding in understanding what it entails. Coordinating & attending client 
meetings in a professional manner and, corresponding with the client during 
project execution. Eventually, walking through final punch list at the end of 
the project to make sure all requirements were met. 
According to the Petitioner, the proffered position requires at least a bachelor's degree.1 
III. ANALYSIS 
We have determined that the Petitioner has not demonstrated that the proffered position qualifies as 
a specialty occupation. Specifically, the record (1) does not describe the position's duties with 
sufficient detail; and (2) does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
A. Non-Qualifying Duties 
The Petitioner stated that the company has one employee: the owner. It is reasonable to assume that 
the size or scope of an employer's business has, or could have, an impact on the duties of a particular 
1 
A petitioner must demonstrate that the proffered position requires a precise and specific course of study that relates 
directly and closely to the position in question. Since the Petitioner does not indicate that a degree in a discipline directly 
related to the duties of the position is required, it does not support the Petitioner's claim that it qualifies as a specialty 
occupation. 
2 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. 
3 
Matter ofC-H-NY LLC 
position. See EG Enterprises, Inc. d/b/a/ Mexican Wholesale Grocery v Department of Homeland 
Security, 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 duties of a 
particular position. 
In matters where a petitioner's business is relatively small, U.S. Citizenship and Immigration 
Services (USCIS) reviews the record for evidence that its operations, are, nevertheless, of sufficient 
complexity to indicate that it has H-lB caliber work for the Beneficiary. Additionally, when a 
petitioner employs relatively few people, it may be necessary for the petitioner to establish how a 
beneficiary will be relieved from performing non-qualifying duties. 
In response to the Director's request for evidence on this issue, the Petitioner stated that a new 
position of office manager/bookkeeper was created after the H-lB petition was filed with the 
specific purpose of relieving the Beneficiary of administrative tasks. In support of this statement, 
the Petitioner submitted an unsigned letter from Accountemps (a temporary staffing firm) regarding 
a temporary employee. The document is dated a few days before the RFE response was submitted. 
It does not provide any information about the expected length of the individual's assignment or the 
number of hours he will work. The letter references a General Condition of Assignment, but the 
Petitioner did not submit the document to USCIS. 
The Petitioner must establish eligibility at the time of filing the nonimmigrant visa petition. 8 C.F.R. 
§ 103.2(b)(l). A visa petition may not be approved at a future date after the Petitioner or 
Beneficiary becomes eligible under a new set of facts. See Matter of Michelin Tire Corp., 17 I&N 
Dec. 248, 249 (Reg'l Comm'r 1978). 
B. Description of the Duties 
A crucial aspect of this matter is whether the Petitioner has not provided sufficient information such 
that we may discern the nature of the proffered position. The Petitioner has not done so here. The 
Petitioner stated the Beneficiary will work as a senior designer which requires the performance of 
"complex design analysis." The Petitioner submitted a labor condition application (LCA)3 in 
support of the H-lB petition, in which the Petitioner designated the proffered position under the 
occupational category "Interior Designers," at a Level I wage. 
The U.S. Department of Labor (DOL) guidance states that wage levels should be determined only 
after selecting the most relevant occupational code classification. Then, a prevailing wage 
determination is made by selecting one of four wage levels for an occupation based on a comparison 
of the employer's job requirements to the occupational requirements, including tasks, knowledge, 
3 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. 542,545-546 (AAO 2015). 
4 
Matter ofC-H-NY LLC 
skills, and specific vocational preparation (education, training and experience) generally required for 
acceptable performance in that occupation. The determining factors of a wage level for a position, 
include the complexity of the job duties, as well as the levels of judgment, supervision, and 
understanding required to perform the job duties. 
DOL guidance states that a Level I (entry) 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: (1) that the Beneficiary will be expected to perform routine tasks that require limited, 
if any, exercise of judgment; (2) that she will be closely supervised and her work closely monitored 
and reviewed for accuracy; and (3) that she will receive specific instructions on required tasks and 
expected results.4 A Level I wage should be considered for research fellows, workers in training, or 
internships. 
The Petitioner's assertion that the proffered position is a "senior" position and requires a significant 
level of responsibility and expertise do not appear to be refle.cted in the wage level chosen by it on 
the LCA. 5 The Petitioner's claim that the Beneficiary will serve as a "senior" designer appear to be 
materially inconsistent with the certification of the LCA for a Level I position. This conflict 
challenges the overall credibility of the petition in establishing the nature of the proffered position 
and in what capacity the Beneficiary will be employed. 
C. First Criterion 
We tum now to the criterion at 8 C.P.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. We recognize DOL's Occupational Outlook Handbook (Handbook) 
as an authoritative source on the duties and educational requirements of the wide variety of 
occupations that it addresses.6 
4 U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
J 
Immigration Programs (rev. Nov. 2009), available at http://tlcdatacenter.com/download/ NPWHC_Guidance_Revised 
_11_2009.pdf. 
5 A petitioner must distinguish its proffered position from others within the occupation through the proper wage level 
designation to indicate factors such as complexity of the job duties, the level of judgment, the amount and level of 
supervision, and the level of understanding required to perform the job duties. Through the wage level, the Petitioner 
reflects the job requirements, experience, education, special skills, or other requirements and supervisory duties. 
6 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 evidenqe to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
5 
Matter ofC-H-NY LLC 
The subchapter of the Handbook entitled "How to Become an Interior Designer" states, in pertinent 
part, the following: "A bachelor's degree in any field is acceptable, and interior design programs are 
available at the associate's, bachelor's, and master's'degree levels." 7 
A petitioner must demonstrate that the proffered position requires a precise and specific course of 
study that relates directly and closely to the position in question. There must be a close correlation 
between the required specialized studies and the position; thus, the mere requirement of a degree, 
without further specification, does not establish the position as a specialty occupation. C.f Matter of 
Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988) ("The mere requirement of a college 
degree for the sake of general education, or to obtain what an employer perceives to be a higher 
caliber employee, also does not establish eligibility."). Thus, while a general-purpose bachelor's 
degree may be a legitimate prerequisite for a particular position, requiring such a degree, without 
more, will not justify a finding that a particular position qualifies for classification as a specialty 
occupation. Royal Siam, 484 F.3d at 147. 
The narrative of the Handbook further reports that "[l]icensure requirements vary by state." We 
reviewed the New York State DOL website on the licensure requirements for interior designers. It 
reports that a certified interior designer requires a license, and that eligibility for licensure is based 
upon a combination of education and experience. The website further indicates that the education 
includes at least two years of postsecondary education in an approved program of interior design, 
including an associate degree or its equivalent. See New York State Department of Labor, 
http://www.labor.ny.gov/stats/olcny/interior-designer.shtm (last visited Jul. 12, 2017). Here, the 
Petitioner did not claim that the proffered position is for a certified interior designer and therefore, 
the Beneficiary is not required to obtain a license. However, the minimum requirement for licensure 
in New York is an associate's degree and some experience. 
Thus, the Handbook and the New York State DOL do not support the claim that the occupational 
category "interior designer" is one for which normally the minimum requirement for entry is a 
baccalaureate degree (or higher) in a specific specialty, or its equivalent. The Petitioner has not 
satisfied the criterion at 8 C.F .R. § 214.2(h)( 4 )(iii)(A)(l). 
D. 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. 
7 
For additional information regarding the occupational category "Interior Designers," see U.S. Dep't of Labor, Bureau 
of Labor Statistics, Occupational Outlook Handbook, 2016-2017 ed., Interior Designers, available at 
https://www.bls.gov/ooh/arts-and-design/interior-designers.htm#tab-1 (last visited Jul. 12, 20 17). 
6 
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Matter ofC-H-NY LLC 
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. 
F'" 
When determining whether there is such a common degree requirement, factors often considered 
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)). 
The Petitioner has not established that its proffered position is one for which there is 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. 
In response to the RFE, the Petitioner submitted two letters: (1) a letter from 
president of the and, (2) a letter from who 
"served as the Associate Dean, 2011-2014, and the 2000-2014, 
at the The letter from states that for senior 
designers, the "industry demands that applicants have a minimum of a Bachelor's degree in Interior 
Design, in order to be considered for the position." The letter from states that 
"[w]ithin my vast experience as an educator and a practicing Interior Designer, industry standards in 
require a minimum of BFA in Interior Design for a position as Senior Designer." 
In the letter from he stated that "in order to become licensed interior designer in many 
states in the USA, including New York, one must obtain a BFA in Interior Design to qualify to work 
as Senior Designer." However, as noted above, the minimum academic requirement for a certified 
interior designer in New York is an associate's degree. Thus, the information provided by 
is not consistent with the New York DOL's requirements. 
In addition, the letter from states that she is 
certified.
11 
The website indicates that there are several routes to 
obtain this qualification, and that one of these routes is to obtain an associate's degree in interior 
design coupled with three to four years of qualified interior design experience. also 
8 The website states that finding an active certified interior designer ensures receiving the services of a 
highly trained, highly qualified professional for an interior design project. It further states that certified interior 
designers have distinguished themselves by demonstrating a specific set of core interior design competencies. The 
website indicates that education and work 'experience are required to be eligible for the exam, and that an associate's 
degree is sufficient. See 
(last visited on July 12, 20 17). 
7 
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Matter ojC-H-NY LLC 
indicates that she is a member of the We reviewed the 
website and observe that the section "Become an Interior Designer," states, in pertinent part, 
that completing a degree, either an associate, bachelors, or masters, is becoming increasingly more 
important. See (last 
visited Jul. 12, 2017). Thus, basis for claiming that the industry standard IS a 
bachelor's degree in interior design is not supported by the or the 
Furthermore, upon review of both letters, it appears that and do not cite 
specific instances in which their past opinions have been accepted or recognized as authoritative on 
this particular issue. There is no indication that they have conducted any research or studies 
pertinent to the educational requirements for such positions (or parallel positions) in the Petitioner's 
industry for similar 
organizations, and no indication of recognition by professional organizations that 
they have an authority on those specific requirements. 
Even assuming the authors are authorities on degree requirements for interior designers, the testimony 
in the letters does not sufficiently substantiate their conclusions, such that we can conclude that the 
Petitioner has shouldered its burden of prooe First, the authors do not directly reference, cite, or 
discuss any studies, surveys, industry publications, authoritative publications , or other sources of 
empirical information which they may have consulted to complete the evaluation. Second, the 
authors do not discuss the duties of the proffered position in any substantive detail. In addition, the 
record does not indicate whether the authors were aware that, as indicated by the Level I wage on the 
LCA, the Petitioner considered the proffered position to be an entry-level interior design for a 
beginning employee who has only a basic understanding of the occupation (despite the Petitioner 
calling the position a "senior" designer). In other words, the Petitioner has not demonstrated that the 
authors possessed the requisite information to adequately assess the nature of the position and 
appropriately determine parallel positions based upon the job duties and level of responsibilities. 
As such, we find that both opinion letter lends little probative value, and thus the Petitioner has not 
satisfied the first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). Matter of Caron Int'l, 19 I&N 
Dec. 791, 795 (Comm'r 1988) (The service is not required to accept or may give less weight to an 
advisory opinion when it is "not in accord with other information or is in any way questionable."). 
Without more, the Petitioner has not provided sufficient evidence to establish that a bachelor's 
degree in a specific specialty, or its equivalent, is common to the industry in parallel positions 
among similar organizations. The Petitioner has not satisfied the first alternative prong of 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)(2). . 
9 The tenn ''recognized authority" means a person or organization with expertise in a particular field, special skills or 
knowledge in that field, and the expertise to render the type of opinion requested . 8 C.FK § 214.2(h)(4)(ii) . A 
recognized authority's opinion must state: (I) the writer's qualifications as an expert; (2) the writer's experience giving 
such opinions , citing specific instances where past opinions have been accepted as authoritative and by whom ; (3) how 
the conclusions were reached; and (4) the basis for the conclusions supported by copies or citations of any research 
material used. /d. 
8 
Matter ofC-H-NY LLC 
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 support of its assertion that the proffered pos1t10n qualifies as a. specialty occupation, the 
Petitioner submitted a description of the proffered position and information regarding its business 
operations (including printouts from its website, an organizational chart, a work proposal, two 
agreements, several invoices, and other related documents). We reviewed the documentation, but 
the evidence does not establish the complexity or uniqueness of the position. The information does 
not show that the position is more complex or unique than other interior designer positions that are 
not usually associated with at least a bachelor's degree in a specific specialty, or its equivalent. 
Furthermore, the Petitioner stated that the Beneficiary will be a senior interior designer but that title 
does not appear to be consistent with the Level I, entry-level wage. The Petitioner does not explain 
this apparent discrepancy between the job title and the wage level. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references her 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position, and it did not identify 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). 
E. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. The 
Petitioner did not submit documentation to support this criterion, and thus, has not satisfied the 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
F. 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. 
Although the Petitioner generally refers to the Beneficiary's duties as "specialized," we find that the 
Petitioner has not sufficiently developed relative specialization and complexity as an aspect of the 
9 
Matter ofC-H-NY LLC 
proffered position. For example, the Petitioner stated that the Beneficiary will spend 40 percent of 
her time, "preparing presentations of designs and pitches to clients." In response to the RFE, the 
Petitioner stated that the "skills required to design client proposals involve specialized knowledge of 
interior structures, as well as specialized understanding of how physical elements such as light, 
color, materials, and environment will affect perceptions and psychology." While the Petitioner 
provided additional details about the Beneficiary's experience that will assist her in performing these 
duties, the Petitioner's description does not convey the substantive nature of the work that the 
Beneficiary would actually perform, or the particular body of highly specialized knowledge that 
would have to be theoretically and practically applied to perform it. The responsibilities for the 
proffered position contain general functions without providing sufficient information regarding the 
particular work, and associated educational requirements, into which the duties would manifest 
themselves in their day-to-day performance. 
Moreover, the proposed duties in the record are not described with sufficient specificity to show that 
they are more specialized and complex than other interior design positions that are not usually 
associated with at least a bachelor's degree in a specific specialty, or its equivalent. We 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 (entry-level) position, and not as the higher Level III 
(referring to ''special skills or knowledge") or Level IV (referring to "complex or unusual 
problems") wage levels. 10 
I 
The Petitioner has not demonstrated that its' proffered positiOn is one with duties sufficiently 
specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
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 as a specialty 
occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter ojC-H-NY LLC, ID# 364224 (AAO July 13, 2017) 
1
° For example, a Level IV (fully competent) position is designated by DOL for employees who "use advanced skills and 
diversified knowledge to solve unusual and complex problems" and requires a significantly higher wage. For additional 
information regarding wage levels as defined by DOL, see U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _II_ 2009.pdf. -
10