dismissed H-1B Case: Electronics Distribution

U.S. Citizenship 
and Immigration 
Services 
In Re: 9872524 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 19, 2020 
The Petitioner, a distributer of electronics component and computer products, seeks to temporarily 
employ the Beneficiary as a "digital analyst II" under the H-lB nonimmigrant classification for 
specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 
8 U.S.C. § l 101(a)(l5)(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 California Service Center denied the petition, concluding that the evidence of 
record does not establish that the proffered position qualifies as a specialty occupation. The matter is 
now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015) . 
Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l) , defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, 
and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a 
non-exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
( I) 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). 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. Chertojf, 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"). 
II. PROFFERED POSITION 
The Petitioner seeks to employ the Beneficiary as a "digital analyst II." In the initial letter submitted 
in support of the petition, the Petitioner described the duties and responsibilities of the proffered 
position as follows: 
• Develops reports and other tools to deliver internal company information enabling 
business users to make informed decisions. 
• Uses external industry data to identify business trends, risks, and opportunities. 
• Gathers, aggregates and models critical industry related data to forecast changing 
market variables. 
• Analyzes information from multiple external sources regarding company financial 
performance, customer insights, competitor profiling, competitive threats, potential 
product and technical expansion, industry trends and other such business intelligence 
aspects. 
• Organizes research and analytical results into concise presentations, narratives and 
consultative opinions to be presented and/or utilized by senior executives; and 
• Promotes the use of analytical tools and methods in the business decision making 
process. 
2 
The Petitioner stated that it requires a "Bachelor's degree in Computer Science, Business, Analytics, 
or closely related technical or quantitative field for entry into the position of Digital Analyst II." 
In its response to the Director's request for evidence (RFE), the Petitioner expanded on these duties 
and indicated the percentages of time the Beneficiary would devote to each duty. 1 
III. ANALYSIS 
For the reasons set out below, we determine that the proffered position does not qualify as a specialty 
occupation. Specifically, the record provides inconsistent and insufficient information regarding the 
proffered position, which in tum precludes us from understanding the position's substantive nature 
and determining whether the proffered position qualifies as a specialty occupation. 2 
A. Minimum Requirements 
As a preliminary matter, we observe that the Petitioner has provided inconsistent information 
regarding the minimum requirements for the proffered position. 
Record of Degree Requirement Experience 
Proceeding Requirement 
Petitioner's initial Bachelor's degree in Computer Science, 
letter of support Business, Analytics, or closely related None 
technical or quantitative field. 
Petitioner's RFE Bachelor's degree in Computer Science, 3-5 years of 
response letter Business, Analytics, or a closely related expenence technical or quantitative field. 
Petitioner's 
alternative Master's degree in Computer Science, 1-3 years of requirement in the Business, Analytics, or a closely related 
RFE response technical or quantitative field expenence 
letter 
I ~s Bachelor's degree in Computer Science, None letter Business, Analytics or a related field. 
1 For the sake of brevity, we will not quote the expanded version of the duties provided in the RFE response; however, we 
have closely reviewed and considered them. 
2 The Petitioner submitted documentation to suppmt 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. 
3 
The Petitioner has not consistently stated the minimum requirement for the entry into this position. It 
initially stated that it requires a bachelor's degree in "Computer Science, Business, Analytics, or 
closely related technical or quantitative field" but did not state that it requires experience. However, 
in response to the Director's RFE, the Petitioner stated it requires "3-5 years of experience" in addition 
to the bachelor's degree requirement. Moreover, the Petitioner stated that "[a]ltematively, [it] would 
accept a master's degree in Computer Science, Business, Analytics, or a closely related technical or 
quantitative field and 1-3 years of experience." The Petitioner farther stated that its "success and 
competitiveness in the industry are tightly coupled with [its] ability to recruit and hire talented 
candidates who possess the requisite education and experience background for the job, without the 
need for extensive training." According to the Petitioner, it would "suffer economic loss in the time 
necessary to train someone to successfully perform the duties required of this position" and therefore, 
this position: 
... specifically target[s] a professional with at lest a bachelor's degree, coupled with 
the knowledge and experience that would allow him or her to be productive 
immediately, without devoting extensive time to training a new hire who lacks the 
blend of academic understanding, skill and real world experience necessary to succeed 
in this role. 
However, the Petitioner made no such assertions in the letter it initially submitted in support of the 
petition and did not state that the position requires any experience in addition to the degree 
requirement. The Petitioner must resolve these inconsistencies and ambiguities in the record with 
independent, objective evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 
591-92 (BIA 1988). 
The opinion letter from~-------~ a professor at I I University, adds farther 
ambiguity to the requirements of the position. While the professor concludes that the position requires 
a "Bachelor's degree in Computer Science, Business, Analytics or a related field," he does not 
conclude that the position requires any experience in addition to the degree requirement. However, 
throughout his letter, the professor suggests that candidates for this position need to possess certain 
skills that can be gained through experience. For example, he states that"[ c ]andidates for the proposed 
Digital Analyst II position will need possess prodigious acumen and experience in working with large 
data sets, in order to spot relevant trends and analyze data points that might be hidden." However, the 
professor does not quantify the necessary "prodigious acumen and experience," does not explain what 
he means by "working" with large data sets, and does not include such experience in his conclusion 
as a requirement for the position. 
We conclude that these inconsistencies erode the Petitioner's ability to demonstrate the substantive 
nature of the proffered position. Unresolved material inconsistencies may lead us to reevaluate the 
reliability and sufficiency of other evidence submitted in support of the requested immigration 
benefit. 3 As the record contains numerous and material inconsistencies relative to the minimum 
requirements for entry into the proffered position, the documentation submitted in this regard to 
establish eligibility for the classification sought lacks probative value and overall credibility. 
4 
Aside from the inconsistencies noted above, a requirement of a "Business" degree without farther 
specification 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 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 farther 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). To prove that a job requires 
the theoretical and practical application of a body of highly specialized knowledge as required by 
section 214(i)(l) of the Act, a petitioner must establish that the position requires the attainment of a 
bachelor's or higher degree in a specialized field of study or its equivalent. As explained above, we 
interpret the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree in a specific 
specialty that is directly related to the proposed position. We have consistently stated that, 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 conclusion that a particular position qualifies for 
classification as a specialty occupation. Royal Siam Corp., 484 F.3d at 147. 
B. Nature of the Position 
On the labor condition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Operations Research Analysts" 
( corresponding to the Standard Occupational Category code 15-2031 ), with a Level II wage. 4 
A crucial aspect of this matter is whether the Petitioner has sufficiently described the duties of the 
proffered position such that we may discern the nature of the position and whether the position actually 
requires the theoretical and practical application of a body of highly specialized knowledge attained 
through at least a baccalaureate degree in a specific discipline. When determining whether a position 
is a specialty occupation, we look at the nature of the business offering the employment and the 
description of the specific duties of the position as it relates to the performance of those duties within 
the context of that particular employer's business operations. 
On a fundamental level, the Petitioner has not provided sufficient information about the specific 
analytical projects and initiatives to which the Beneficiary will be assigned during the course of her 
proposed H-1 B employment. The Petitioner is a distributor of electronics parts, enterprise computing 
and storage products. Within these business confines, the Petitioner indicates that as a digital analyst 
II, the Beneficiary "gathers, aggregates and models critical industry related data to forecast changing 
market variables" and "analyzes information from multiple external sources." However, without 
more, the submitted job duties do not demonstrate the claimed complexity, uniqueness, or 
specialization of the work performed by the Beneficiary. 5 The general statements in the record, in 
4 A petitioner submits the LCA to DOL 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 duties, expenence, and qualifications. Section 212(n)(l) of the Act; 
20 C.F.R. § 655.73l(a). 
5 We must review the actual duties the Beneficiary will be expected to perform to ascertain whether those duties require at 
least a baccalaureate degree in a specific specialty, or its equivalent, as required for classification as a specialty occupation. 
To accomplish that task in this matter. we review the duties in conjunction with the specific project(s) or initiatives to 
5 
conjunction with the lack of description and material about the nature of the projects and initiatives to 
which the Beneficiary will be assigned, do not provide sufficient insight into the Beneficiary's duties. 
Duties such as "[d]evelops reports and other tools," "[u]ses external industry data," and "[o]rganizes 
research and analytical results" do not give context to the specific tasks that the Beneficiary will 
perform. The Petitioner does not provide sufficient detail regarding the work these duties will entail, 
and how these tasks merit recognition of the proffered position as a specialty occupation. The duties 
as described do not communicate (1) the actual work that the Beneficiary would perform, (2) the 
complexity, uniqueness, or specialization of the tasks, and (3) the correlation between that work and 
a need for a particular level education of highly specialized knowledge in a specific specialty. 
We also question the proposed task such as "[p ]romote the use of analytical tools and methods" 
through "periodic workshops for other business units." The Petitioner did not establish how this duty 
requires an individual with a bachelor's or higher degree in a specific specialty, or its equivalent. 
While the position may require that the Beneficiary possess some skills and technical knowledge in order 
to perform these duties, the Petitioner has not sufficiently explained how these tasks 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. 
Moreover, the proffered duties suggest that the Beneficiary will be interacting with other "team 
members" in performance of her duties. The Petitioner stated that the Beneficiary will "[p ]erform 
weekly presentation for team members to go through digital performance financials and business 
trends." Also, in his letter,I I stated that the "Digital Analyst II position at [the Petitioner] 
is part of the Digital Transformation team." However, the record contains insufficient information 
regarding the Petitioner's business operations that would delineate its organization, and the 
Beneficiary's position within its overall organizational hierarchy. The Petitioner submitted a chart 
depicting the Beneficiary's position and the position of the "Web Analytics Manager." However, this 
chart does not show any other individual in this department. The Petitioner did not submit an 
organizational chart demonstrating various departments or teams within its organization with which 
the Beneficiary will be interacting. Therefore, the extent of her duties cannot be determined. The 
evidence does not show the operational structure within the Petitioner's business operations in a 
manner that would establish the Beneficiary's relative role therein. The Petitioner has not adequately 
evidenced the scope of the Beneficiary's responsibilities within the context of its business operations. 
b I stated that '"[t]o further [his] understanding of the position" he interviewed D 
• 6 According to the professor, the Beneficiary will be involved in marketing analysis and will 
"[c]reate an internal resource website that allows internal discussion and collaboration." However, 
the Petitioner did not list creating a website as part of the Beneficiary's duties. Such inconsistency 
raises further questions regarding the substantive nature of the proffered duties. 7 
which the Beneficiary will be assigned. To allow otherwise, results in generic descriptions of duties that while they may 
appear (in some instances) to comprise the duties of a specialty occupation, are not related to any actual services the 
Beneficiary is expected to provide. 
6 The chart the Petitioner submitted indicates! I is the Web Analytics Manager. 
7 The Professor also listed the duties provided in the Petitioner's RFE response. While he briefly stated the duties of the 
position, he did not provide a detailed analysis of the duties. Nor did he address the variances between the minimum 
requirements for the position as stipulated by the Petitioner relative to his own conclusions regarding the position 
6 
We note that the Petitioner also discussed the Beneficiary's previous coursework for the purpose of 
correlating the need for the Beneficiary's education with the associated job duties of the position. 
However, we are required to follow long-standing legal standards and determine first, whether the 
proffered position qualifies for classification as a specialty occupation, and second, whether the 
Beneficiary was qualified for the position at the time the nonimmigrant visa petition was filed. Cf 
Matter of Michael Hertz Assocs., 19 I&N Dec. at 560. ('The facts of a beneficiary's background only 
come at issue after it is found that the position in which the petitioner intends to employ him falls 
within [ a specialty occupation]."). 
Upon review of the totality of the record, we determine it is insufficient to establish the substantive 
nature of the work to be performed by the Beneficiary, which therefore precludes a conclusion that the 
proffered position satisfies any criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), because it is the substantive 
nature of that work that determines (1) the normal minimum educational requirement for entry into 
the particular position, which is the focus of criterion 1; (2) industry positions which are parallel to the 
proffered position and thus appropriate for review for a common degree requirement, under the first 
alternate prong of criterion 2; (3) the level of complexity or uniqueness of the proffered position, which 
is the focus of the second alternate prong of criterion 2; (4) the factual justification for a petitioner 
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 
The Petitioner has not established that the proffered position is a specialty occupation. 
ORDER: The appeal is dismissed. 
requirements. Therefore, we find the professors'' opinion letters lends little probative value to the matter here. Matter of 
Caron Int'/, 19 T&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."). For the sake of brevity, 
we will not address other deficiencies within the professor's analysis of the proffered position 
8 As the lack of probative and consistent evidence in the record precludes a conclusion that the proffered position is a 
specialty occupation and is dispositive of the appeal, we will not further discuss the Petitioner's assertions on appeal 
regarding the criteria under 8 C.F.R. § 214.2(h)(4)(iii)(A). 
7