dismissed H-1B Case: Education Services

MATIER OF A-C-1-1-INC. 
Non-Precedent Decision of the· 
Administrative Appeals Office 
DATE: DEC. 13, 2016 · 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a college preparatory service provider, seeks to temporarily employ the Beneficiary as 
a market research 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 ~ 
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 the Petitioner 
did not establish that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner asserts that the Director erred in 
denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: · 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.P.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 A-C-1-/- 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 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). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria 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 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-lB petition, the Petitioner stated that the Beneficiary will serve as a "market research 
analyst." The Petitioner proyided the following job duties for the position in response to the 
Director's request for evidence (RFE): 
1. Research market demand for educational services in the specific context of local 
market and demographic; project local consumer preference and consumption 
behavior in education service[.] 
This job duty takes up 10% of her work time. 
2. Conduct market survey to gather information on Competitive market condition 
including curriculum · design, pricing strategies, and sales strategies; make 
recommendation to company's expanding strategy based on analysis result[.] 
The Beneficiary spent 20% of her work time [on this job duty]. 
2 
(b)(6)
Matter of A-C-1-1- Inc. 
3. Use statistical analysis to make recommendation for business expansion and 
promotion such as seminar events, TV, Radio and newspaper advertisement. 
Make purchase recommendations of Radio guest appearances; Promote company 
brand recognition through community-based events, social media, and print 
media[.] 
The Beneficiary spent 35% of her work time on this job duty[.] 
4. Perform statistical analysis and forecast trends and seasonality by utilizing 
students' data to determine potential sales[.] 
The average time spent on this job duty is 5%. 
5. Studied the technology adaptation in the service industry through interview and 
data analysis; make recommendation on company's adaptation of 
platform specific to company's need to improve quality of 
education outcome, efficiency of business operation and brand recognition[.] 
The average work time spent on this job duty is 10%[.] 
6. Research international demand ·such as Chinese market by utilizing bilingual 
abilities and international education experiences; determine the Chinese market 
demand for English education and American college admission services through 
frequent communication with business partners in China; develop business 
strategies'to collaborate and establish the company brand in the foreign market[.] 
The average work time spent on this j,ob duty is 20%[.] 
According to the Petitioner, the usual minimum education required to perform the duties of this 
position is a bachelor's degree in business or economics. 
III. ANALYSIS 
Upon review of the record 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 
3 
Matter of A-C-1-1- Inc. 
does not establish that the job duties require an educational background, or its equivalent, 
commensurate with a specialty occupation. 1 
As a preliminary matter, the Petitioner's claim that a bachelor's degree in business is a sufficient 
minimum requirement for entry into the proffered position is inadequate to establish that the 
proposed position qualifies as a specialty occupation. The requirement of a bachelor's degree in 
business is inadequate to establish that a position qualifies as a specialty occupation. 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 there must be a close correlation 
between the required specialized studies and the position, the requirement of a degree with a 
generalized title, such as business, without further specification, does not establish the position as a 
specialty occupation. Cf. Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988). 
In addition to demonstrating that a job requires the theoretical and practical application of a body of 
specialized knowledge as required by section 214(i)(l) of the Act, a petitioner must also establish 
that the position requires the attainment of a bachelor's or higher degree in a specialized field of 
study or its equivalent. USCIS interprets 8 C.P.R. § 214.2(h)(4)(iii)(A) as requiring a degree in a 
specific specialty that is directly related to the proposed position. USCIS has consistently stated 
that, although a general-purpose bachelor's degree, such as a degree in business, 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 c~assification as a specialty occupation. Royal Siam Corp. v. 
Chertoff, 484 P.3d 139, 147 (1st Cir. 2007). 
The Petitioner asserts that its minimum requirement for the proffered position is only a bachelor's 
degree in business, without further requiring that that degree be in any specific specialty. Without 
more, the Petitioner's statement alone indicates that the proffered position fs not in fact a specialty 
occupation. The Director's decision must therefore be affirmed and the appeal dismissed on this 
basis alone. Nevertheless, we will perform a complete specialty occupation analysis under each of 
the four, alternative criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A).Z 
A. First Criterion 
We turn first to the criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A)(J), 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 U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.3 
1 
The Petitioner submitted documentation to support the H-lB petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
2 
Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 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 
4 
Matter of A-C-I-I-Inc. 
On the labor oondition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.4 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
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. 
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. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
general tasks and responsibilities of a proffered position, and USCIS 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. 
4 
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 provides 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: (1) 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://flcdatacenter.com/download/NPWHC _Guidance _Revised _11_ 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. 
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Matter of A-C-1-I- Inc. 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion and 
marketing research. Individuals must complete 20 hours of industry-related 
continuing education courses every 2 years to renew their certification. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Market Research Analysts, http://www.bls.gov/ooh/business-and-financial/market-research­
analysts.htm#tab-4 (last visited Nov. 28, 2016). 
When reviewing. the Handbook, we must note that the Petitioner designated the proffered position 
under this occupational category at a Level I 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 that requires a master's degree. ' 
The Handbook reports that market research analysts have degrees and backgrounds in a wide_,.variety 
of disparate fields. That is, while the Handbook states that employees typically need a bachelor's 
degree in market research or a related field, it continues by specifying that many market research 
analysts have degrees in fields such as statistics, math, or computer science. According to the 
Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
It further elucidates that. courses in communications and social sciences (such as economics, 
psychology, and sociology) are also important. Therefore, although the Handbook indicates that 
market research analysts typically need an advanced degree, it also indicates that degrees and 
backgrounds in various fields are acceptable for jobs in this occupation- including computer science 
and the social sciences, as well as statistics and communications. In fact, the Petitioner 
acknowledges this, indicating that market research analysts are minimally required to have a 
bachelor's degree in business or economics, but not a degree in a specific specialty, or its equivalent. 
The Handbook also states that "others have a background in business administration." While a 
general-purpose bachelor's degree, such as a degree in business administration, 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. See Royal Siam Corp. 
v. Chert off, 484 F .3d at 14 7. 
That is, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree 
in a specific specialty (or its equivalent) that is directly related to the proposed position. Since there 
must be a close correlation between the required specialized studies and the position, the 
requirement of a degree with a generalized title, such as business administration, without further 
specification, does not establish the position as a specialty occupation. Cf Matter of Michael Hertz 
Assocs., 19 I&N Dec. 558 (Comm'r 1988). Therefore, the Handbook's recognition that a general, 
non-specialty "background" in business administration is sufficient for entry into the occupation 
6 
Matter of A-C-1-I- Inc. 
strongly suggests that a bachelor's degree in a specific specialty is not normally the minimum entry 
requirement for this occupation. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
credential is granted by the Marketing Research Association to those who pass an exam and have at 
least three years of experience working in opinion and market research.5 
We reviewed the Marketing Research Association's website, which confirms the Handbook's 
statement regarding the requirements for professional certification (i.e., passage of an exam and 
three years of relevant industry experience), and further specifies that the "Education" necessary to 
apply for professional certification is "12 industry-related education hours within the two preceding 
years." The Marketing Research Association website provides the following information about the 
Professional Researcher Certification program: 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing research profession: to raise competency, 
establish an objective measure of an individual's knowledge and proficiency and to 
encourage professional development. PRC is a powerful tool for individual 
researchers of all levels of work experience and education. Certification standards 
increase consumer understanding of research and foster premiere professional 
standards in the profession. 
Marketing Research Association, http://www .marketingresearch.org/advance-career/prc (last visited 
Nov. 28, 2016). 
In the "frequently asked questions" section, the website further states: 
The benefits of a Certification program are both industry-wide and individual. For 
the individual, it is a means of differentiating oneself, a "badge" of competence in the 
given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
'developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
Id. at http://www.marketingresearch.org/advance-career/prc/faqs (last visited Nov. 28, 2016). 
5 The Marketing Research Association website states that the association was founded in 1957 and is the leading and 
largest U.S. association of marketing research professionals. For additional information, see 
http://www.marketingresearch.orglabout (last visited Nov. 28, 2016). 
7 
Matter of A-C-1-1- Inc. 
The Marketing Research Association emphasizes that the credentialing program encourages the 
highest standards within the profession, establishes an objective measure of an individual's 
knowledge and proficiency, and encourages professional development. According to the 
association's website, the credential provides an individual "a badge" of competence in the given 
areas and that the individual is current in knowledge and experience. The narrative continues by 
stating that the credential provides a vehicle for developing a pool of well-trained, competent 
marketing researchers, thereby improving both perceived and substantive standards. The website 
does not indicate that the market research analyst positions have any particular academic 
requirements for entry, nor does it indicate that these positions require any particular level of 
education to be identified as qualified and possessing a level of expertise/competence. In fact, it 
states that PRC is "a powerful tool for individual researchers of all levels of work experience and 
education." 
Thus, the Handbook and the Marketing Research Association website do not support the claim that 
the occupational category "Market Research Analysts" is one for which normally the. minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty, or its 
equivalent. Even if it did (which it does not), to satisfy the first criterion, the Petitioner must provide 
evidence to support a finding that the particular position proffered would normally have such a 
minimum, specialty degree requirement or its equivalent. 
On appeal, the Petitioner cites four district court cases and asserts that these demonstrate that market 
research analyst positions have been commonly accepted as specialty occupations. First, the 
Petitioner references Unical Aviation Inc. v. INS, 248 F. Supp. 2d 931 (D.C. Cal. 2002). However, 
we note that the material facts of the present proceedings are distinguishable from those in 
Unical. Specifically, Unical involves: (1) a position for which there was a companion position held 
by a person with a Master's degree; (2) a record of proceedings that included an organizational chart 
showing that all of its employees in the marketing department held bachelor's degrees; and, in the 
court's words; (3) "sufficient evidence to demonstrate that there is a requirement of specialized study 
for [the beneficiary's] position." Also, the proffered position and related duties in the present 
proceeding are different from those in Unical, where the beneficiary was to liaise with airline and 
Maintenance Repair Organization (MRO) customers in China for supply of parts and services; 
analyze and forecast airline and MRO demands to generate plans to capture business; provide after­
sales services to customers in China; and develop new products and services for the China 
market. Moreover, there is no indication in the record of proceedings that the Petitioner is in the 
same industry or is in any way similar in size or type of business as Unical Aviation Inc. 
Further, in Unical, the Court partly relied upon Augat, Inc. v. Tabor, 719 F. Supp. 1158 (D. Mass. 
1989), for the proposition that Immigration and Naturalization Service (INS, now USCIS) had not 
used an absolute degree requirement in applying the ,"profession" standard at 8 U.S.C. § 110l(a)(32) 
for determining the merits of an 8 U.S.C. § 1153(a)(3) third-preference visa petition. That 
proposition is not relevant here because the H-1B specialty occupation statutes and regulations, not 
in existence when INS denied the Augat, Inc. third-preference petition, mandate not just a 
baccalaureate or higher degree but a degree "in the specific specialty," or its equivalent. Section 
214(i)(1) of the Act; 8 C.P.R. § 214.2(h)(4)(ii). 
8 
Matter of A-C-1-I- Inc. 
The Petitioner also cites Raj and Company v. U.S. Citizenship and Immigration Services, 85 F. Supp. 
3d 1241 (W.D. Wash. 2015), and claims that it is relevant here.6 In the district court case, the 
employer designated the position as a "Marketing Analyst & Specialist" position. 7 We reviewed the 
decision and there is no indication that aspects of the work such as the duties and responsibilities, 
level of judgment, complexity of the job duties, supervisory duties, independent judgment required, 
or the amount of supervision received, are analogous to the proffered position here.8 Accordingly, 
aside from the claimed job title and occupational category, there is no indication that the positions 
are similar. 
Further, in Raj, the court stated that a specialty occupation requires the attainment of a bachelor's 
degree or higher in a specific specialty, or its equivalent. The court confirmed that this issue is well­
settled in case law and with USCIS's reasonable interpretation of the regulatory framework. In the 
decision, the court noted that "permitting an occupation to qualify simply by requiring a generalized 
bachelor degree would run contrary to congressional intent to provide a visa program for specialized, 
as opposed to merely educated, workers." The court stated that the regulatory provisions do not 
restrict qualifying occupations to those for which there exists a single, specifically tailored and titled 
degree program; but rather, the statute and regulations contain an equivalency provision. 9 
In Raj, the court concluded that the employer met the first criterion. We must note, however, that 
the court stated that "[t]he first regulatory criterion requires the agency to examine the generic 
position requirements of a market research analyst in order to determine whether a specific 
bachelor's degree or its equivalent is a minimum requirement for entry into the profession." Thus, 
the decision misstates the regulatory requirement. That is, the first criterion requires a petitioner to 
establish that a baccalaureate or higher degree (in a specific specialty) or its equivalent is normally 
the minimum requirement for entry into the particular position. 
Consequently, if the court meant to suggest that any position classified under the occupational 
category "Market Research Analysts" would, as it stated, "come within the first qualifying criteria"-
6 In contrast to the broad precedential 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. See Matter 
of K-S-, 20 I&N Dec. 715 (BIA 1993). Although the reasoning underlying a district judge'sdecision 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. at 719. 
7 It is important to note and distinguish within the court's decision that "Marketing Analyst & Specialist" refers to the 
employer's particular position, whereas "Market Research Analysts" refers to a general occupational category. 
8 We note that the service center director's decision was not appealed to our office. 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 in our de novo review of the matter. 
9 We agree with the court that a specialty occupation is one that requires the attainment of a bachelor's or higher degree 
in a specific specialty or its equivalent. We further note that a petitioner must also demonstrate that the position requires 
the theoretical and practical application of a body of highly specialized knowledge in accordance with section 
214(i)(l)(B) of the Act and 8 C.F.R. § 214.2(h)(4)(ii), and satisfy one of the four criterion at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A). 
9 
Matter of A-C-1-/- Inc. 
we must disagree.10 The occupational category designated by a petitioner is considered as an aspect 
in establishing the general tasks and responsibilities of a proffered position, and users regularly 
reviews the Handbook on the duties and educational requirements of the wide variety of occupations 
that it addresses. However, to satisfy the first criterion, the burden of proof remains on the petitioner to 
submit sufficient evidence to support a finding that its particular position would normally have a 
minimum, specialty degree requirement or its equivalent for entry. That is, to determine whether a 
particular job qualifies as a specialty occupation, users does not simply rely on a position's title or 
designated occupational category. The specific duties of the proffered po~ition, combined with the 
nattlre of the petitioning entity's business operations, are factors to be considered. users must 
examine the ultimate employment of the beneficiary, and determine whether the position qualifies as 
a specialty occupation. See generally Defensor v. Meissner, 201 F.3d at 384. 
Nevertheless, it is important to note that the court in Raj determined that the evidence in the record 
demonstrated that the particular position proffered required a b<;ichelor's degree in market research or 
its equivalent as a minimum for entry. Further, the court noted that "[t]he patently specialized nature 
of the position sets it apart from those that merely require a generic degree." The position in Raj 
can, therefore, be distinguished from the instant position. Here, the duties and requirements of the 
position as described in the record of proceeding do not indicate that this particular position 
proffered by the Petitioner is one for which a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is normallythe minimum requirement for entry. 
The Petitioner also cites to Residential Fin. Corp. v. U.S~ Citizenship & Immigration Services, 839 F. 
Supp. 2d 985 (S.D. Ohio 2012) as relevant here. As in Raj, the H-1B petition in Residential Fin. 
Corp. was never appealed to our office through the available administrative process. Nevertheless, 
we note that the district judge's decision in Residential Fin. Corp. appears to have been based 
largely on the many factual errors made by the service center in its decision denying the petition. 
Had we been afforded the opportunity to do so, based on that court's findings, 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 our de novo review 
of the matter. It is important to note that in a subsequent case that was reviewed in the same 
jurisdiction, the court agreed with our analysis of Residential Fin. Corp. See Health Carousel, LLC 
v. U.S. Citizenship & Immigration Services, No. 1:13-eV-23, 2014 WL 29591 (S.D. Ohio 2014). 
Finally, it is important to note that in contrast to the broad precedential 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. See Matter of K-S-, 20 r&N Dec. 715, 
719-20 (BIA 1993). Although the reasoning underlying a district judge's decision will be given due 
10 In Raj, the court quoted a brief excerpt from the Handbook; however, the quotation is from the 2012-2013 edition 
rather than the current 2016-2017 edition (which contains several revisions). Further, we observe that the court did not 
address the section of the Handbook indicating that there are no specific degree requirements to obtain the Professional 
Researcher Certification credential - and therefore to work as a market research analyst. 
10 
Matter of A-C-1-1- Inc. 
consideration when it is properly before us, the analysis does not have to be followed as a matter of 
law. Id. 
The Petitioner has not provided documentation from a probative source to substantiate its assertions 
regarding the minimum requirement for entry into this particular position under this criterion. The 
Petitioner has not satisfied 8 C.P.R.§ 214.2(h)(4)(iii)(A)(1). 
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.P.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requir~ment, 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!Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
In the current matter, the Petitioner submits several job postings for market 'research related positions. 
The Petitioner does not articulate the specific bachelor's degree requirement that these job postings are 
meant to demonstrate. Regardless, we note that the Petitioner indicated elsewhere that a bachelor's 
degree in business or economics was required for minimum entry into a market research analyst 
position. However, of the thirteen postings provided by the Petitioner, only two specifically indicate 
that a degree in economics or business is specifically required. Indeed, most of the postings reflect. that 
a wide assortment of specific bachelor's degrees would suffice for the advertised positions, including 
degrees in business, economics, political science, sociology, statistics, mathematics, natural sciences, 
engineering, physical sciences, and education. Further, a few of the positions do not articulate a specific 
type of bachelor's degree, while a few others appear to accept bachelor's degrees with a specialty 
consistent with the industry of the hiring company. 
In short, the provided job postings only reinforce a conclusion that market research analyst positions do 
not require a bachelor's degree in a specific specialty and these postings do not support the Petitioner's 
,11 
Matter of A-C-1-I- Inc. 
assertion that a degree in business and economics is commonly required for minimal entry to the 
occupation. Again, a general degree, or a degree of general applicability, such as a degree in 
business or business administration, does not establish a position as a specialty occupation. USCIS 
has consistently stated that, although a general-purpose bachelor's degree, such as a degree in 
business or business administration, 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 Corp. v. Chertoff, 484 F.3d 139, 147 (1st 
Cir. 2007). , 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) 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. In addition, there are no submissions from the 
industry's professional association indicating that it has made a degree a minimum entry requirement. 
Furthermore, the Petitioner did not subihit any letters or affidavits from similar firms or individuals in 
the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." 
Thus, the evidence of record does not establish that a requirement of a bachelor's or higher degree in 
a specific specialty, or its equivalent, is common to parallel positions with organizations that are in 
the Petitioner's industry and otherwise similar to the Petitioner. The Petitioner has not, therefore, 
satisfied the criterion of the first alternative prong of 8 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 
at least a bachelor's degree in a specific specialty, or its equivalent. It does not credibly demonstrate 
relative complexity or uniqueness as aspects of the proffered position. While the Petitioner provides a 
very detailed description of the proffered position's duties, it does not demonstrate how the market 
research analyst's duties described require the theoretical and practical application of a body of 
highly specialized knowledge such that a bachelor's or higher degree in a specific specialty, or its 
equivalent, is required to perform them. Rather, we find, that, as reflected in this decision's earlier 
quotation of duty descriptions from the record of proceeding, the evidence of record does not 
distinguish the proffered position from other positions falling within the "Market Research Analysts" 
occupational category, which, the Handbook indicates, do not necessarily require a person with at 
least a bachelor's degree in a specific specialty or its equivalent to enter those positions. 
12 
Matter of A-C-I-1- Inc. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary would perform only 
routine tasks that require limited exercise of judgment and that she will be closely supervised, 
monitored, and reviewed for accuracy. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009). Without 
further evidence, the evi~ence 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.11 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." The evidence of record does not establish that this position is 
significantly different from other positions in the occupational category such that it refutes the 
Handbook's information that a bachelor's degree in a specific specialty, or its equivalent, is not 
required for the proffered position. 
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 any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. 
Accordingly, the Petitioner has not satisfied the second alternative prong of 8 C.P.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.P.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. 
In response to the RFE, the Petitioner provided a "Past Employment Verification" indicating that it 
employed another individual in the position of market research analyst from August 2012 to March 
2016 and that she held a bachelor's of science degree in business administration. However, this 
evidence does little to demonstrate that a bachelor's degree in a specific specialty is required for the 
11 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, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a 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 consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of sec;tion 214(i)(l) of the Act. 
13 
Matter of A-C-1-I- Inc. 
posttlon. As we stated previously, although a general-purpose bachelor's degree, such as a degree in 
business administration, 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 Corp. v. Chertoff, 484 F.3d at 139, 147. In fact, the Petitioner 
indicates that a general bachelor's degree in business or economics would suffice for the position, 
and does not articulate a specific degree requirement in a particular specialty. 12 Further, the 
Petitioner submits the job posting for the current position which does not include an education 
requirement. · 
While a petitioner may assert that a proffered position requires a specific degree, that statement 
alone without corroborating evidence cannot establish the position qualifies as a specialty 
occupation. Were USCIS limited solely to reviewing a petitioner's self-imposed requirements, then 
any individual with a bachelor's degree in a specific specialty could be brought to the United States 
to perform any occupation as long as the employer required the individual to have a baccalaureate or 
higher degree in that particular field. See Defensor v. Meissner, 201 F. 3d at 387. Accordingly, the 
Petitioner has not established the referenced criterion at 8 C.P.R.§ 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.P.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. 
Here, the Petitioner makes no particular assertion that the duties of the proffered position are specialized 
and complex, and in fact, it states in its brief that "there is no special claim that the duties would be 
more complex and specialized than what is required of a market research analyst." Further, we refer to 
our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level I wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties for the 
proffered position, including the Petitioner's expanded version of the description submitted in response 
to the RFE. While we understand that the Beneficiary must have technical knowledge in order to 
perform these duties, the Petitioner has not sufficiently explained how these duties require the 
theoretical and practical application of a body of highly specialized knowledge, and the attainment of a 
bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the 
occupation in the United States. Upon review of the totality of the record, the record does not include 
probative evidence that the duties 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.P.R.§ 214.2(h)(4)(iii)(A)(4). 
12 In any event, previously hiring only one employee with a bachelor's degree in a certain specialty does not establish a 
pattern that the pe!itioner normally requires, as opposed to simply prefers to hire, someone with that degree for the 
proffered position. 
14 
Matter of A-C-I-1- Inc. 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-C-1-/- Inc., ID# 163487 (AAO Dec. 13, 2016) 
15