dismissed H-1B Case: Equine Science

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-. LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 1 L 2016 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a horse boarding and dressage business, seeks to temporarily employ the Beneficiary 
as a ··bam manager" under the H-1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act)§ 10l(a)(l5)(H)(i)(b). 8 U.S.C. § 1101(a)(l5)(ll)(i)(b). The 
H-1 B 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. Vermont Service Center. denied the petition. The Director concluded that the 
protlered position is not a specialty occupation, and she affirmed that determination in response to a 
subsequent motion to reconsider. 
The matter is now before us on appeal. In its appeaL the Petitioner submits additional evidence and 
asserts that the Director reached her determinations in error. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term ··specialty occupation'" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)( 4 )(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition. the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter of A-. LLC 
(J) 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 altemative, 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 
(.f.) 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. Cheru~ff: 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. lvleissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H -1 B petition, the Petitioner stated that the Beneficiary will serve as a .. barn manager... The 
Petitioner provided the following job duties for the position at the time of tiling: 
The position that has been offered to [the Beneficiary] is that of a barn manager. 
which include[ s J dietary management including supplements and prescribed 
medications: daily non-invasive lameness evaluation: preventative non-invasive 
therapeutic treatments [which do not require licensure] including laser. magnetic 
pulse, massage, ultra-sound; scheduling of vendors including veterinary. blacksmith. 
farrier. dental visits. as well as hay, grain. supplements ordering: and scheduling of 
barn help. 
The Petitioner states the following on appeal: 
[D]ressage is a very specialized field of horse training. It is generally referred to as 
[an] equine ballet. Just as human ballerinas. dressage horses have special needs. A 
dressage bam manager must be able to "read" their special needs based on 
contemporary science, not just skills learned from the family on the farm. Everything 
about dressage horses is different from farm horses and even from jumpers. hunters. 
or other types of horses ... When it comes to these expensive, highly specialized 
ballerinas of the world, a Barn Manager, who is organizing and taking care of their 
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Matter l~[ A-, LLC 
needs. coordinates a team of veterinarians. dentists. nutritionists. farriers. barn boys. 
etc. [T]he bam manager should be able to see and understand the whole picture and 
be able to talk on the specialized level of the service provider, not just to follow 
instructions. 
According to the Petitioner, the positiOn requires a master's degree m equme science. or the 
equivalent. and .. at least a half year of experience in bam management." 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualities as a specialty occupation. 1 
Specifically. the record docs not establish that the job duties require an educational background. or 
its equivalent commensurate with a specialty occupation? 
A. First Criterion 
We tum first to the criterion at 8 C.F.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 Owlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide vmiety of occupations that it addresses:' 
On the labor condition application (LCA) submitted in support of the H-lB petition. the Petitioner 
designated the proffered position under the occupational category ··Farmers. Ranchers. and other 
Agricultural Managers" corresponding to the Standard Occupational Classification code 11-9013.4 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
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. 
:; All of our references are to the 2016-2017 edition of the Handhook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however. maintain that the Handhook 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 USCIS regularly reviews the flam/hook 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: (I) 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. U.S. Dep 't of Labor. Emp 't & Training Admin .. Premiling 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
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Matter of A-, LLC 
The Handbook states the following about the educational requirements of positions located within 
the ··Farmers, Ranchers, and other Agricultural Managers'' occupational category: 
Farmers. ranchers, and other agricultural managers usually have at least a have a high 
school diploma. As farm and land management has grown more complex and costly, 
farmers, ranchers, and other agricultural managers have increasingly needed 
postsecondary education, such as an associate's degree or a bachelor's degree in 
agriculture or a related field. 
U.S. Dep 't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook. 2016-17 ed .. 
Farmers, Ranchers, and Other Agricultural Managers," http://www.bls.gov/ooh/management/ 
farmers-ranchers-and-other-agricultural-managers.htm#tab-4 (last visited May 6, 2016). 
The Handbook indicates that individuals employed in positions located within this occupational 
category usually have at least a high school diploma. Although the Handbook states that more 
individuals employed in positions within this occupational category have a degree in agriculture or a 
related field than did previously. it does not indicate that entry into such positions .. normally"" require 
such a degree. Moreover, it indicates that even for those positions that require a degree. an 
associate's degree would suffice. The Handbook does not. therefore, support the proposition that a 
minimum of a bachelor's degree in a specific specialty or its equivalent is normally the minimum 
requirement tor entry into a farmer. rancher. or agricultural manager position. 
Further. in designating the proffered position at a Level I wage, the Petitioner has indicated that the 
proffered position is a comparatively low, entry-level position relative to others within the 
occupation. That is, in accordance with the relevant DOL explanatory information on wage levels. 
this wage rate indicates that the Beneficiary is only required to have a basic understanding of the 
occupation and carries expectations that the Beneficiary perform routine tasks that require limited. if 
any. exercise of judgment; that she would be closely supervised; that her work would be closely 
monitored and reviewed for accuracy: and that she would receive specific instructions on required 
tasks and expected results. As noted above, according to DOL guidance. a statement that the job 
otTer is for a research fellow, worker in training or an internship is indicative that a Level I \Vage 
should be considered. Given that typical positions located within the occupational category 
designated by the Petitioner do not normally require a bachelor's degree in a specific specialty. or 
the equivalent, a Level I, an entry-level position would be even less likely to have such a 
requirement. 
When the Handbook does not support the proposition that a proffered position is one that meets the 
statutory and regulatory provisions of a specialty occupation, it is incumbent upon the petitioner to 
http://tlcdatacenter.com/download/NPWHC _Guidance_ Revised_]]_ 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. ld 
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(b)(6)
Matter l~( A-. LLC 
provide persuasive evidence that the proffered position more likely than not satisfies this or one of 
the other three criteria, notwithstanding the absence of the Handbook's support on the issue. In such 
cases. it is the petitioner's responsibility to provide probative evidence (e.g .. documentation fi·Oin 
other objective, authoritative sources) that supports a finding that the particular position in question 
qualities as a specialty occupation. Whenever more than one authoritative source exists. an 
adjudicator will consider and weigh all of the evidence presented to determine whether the particular 
position qualifies as a specialty occupation. 
In the instant case, the Petitioner provided evidence from the Department of Labor's O*NET 
Internet site and various other websites. According to the O*NET summary report for Farm and 
Ranch Managers, such positions fall within ·'Job Zone Four." However, the assignment of Farm and 
Ranch Managers to a "Job Zone Four'' rating groups them among occupations in which '·most.'' but 
not all, "require a four-year bachelor's degree.•· Further, the O*NET does not indicate that even 
those Job Zone Four positions which do require four-year bachelor's degrees also require the degrees 
to be in a specific specialty closely related to the requirements of the occupation. 
Printouts of content from the and websites each address 
the educational requirements of bam manager positions. 
The excerpt submitted by the Petitioner states: 
Many bam managers are able to work their way up from lower-skilled positions such 
as stable hand or entry-level fam1 laborer by accumulating years of quality \\fork 
experience. Some bam manager positions require candidates to possess at least a 
bachelor's degree in a field related to the work before being considered tor the job. A 
horse bam manager employer may require all qualified candidates to have a 
bachelor's in equine studies or a similar discipline. This may be in addition to three to 
five years of related work experience. 
While this excerpt states that some employers may require a bachelor's degree in equine studies and 
that some bam manager candidates are required to have at least a related bachelor's degree. it also 
indicates that many barn managers enter those positions based on experience, with no indication that 
the requisite experience must be equivalent to a bachelor's degree . We note again that the Petitioner 
stated that the proffered position is an entry-level position relative to other positions located within 
the occupational category. 
The printout states: 
Horses arc the focus of associate's and bachelor's degrees in equine science. 
Programs are hands-on, with students spending a lot of time outdoors. Students learn 
about different styles of riding, equine health, and business management relevant to 
the field. After graduating, many find jobs as horse trainers. bam managers. equine 
nutritionists, and riding instructors. 
5 
(b)(6)
Matter of A-, LLC 
That site indicates that many students. after receiving an associate's or bachelor's degree in equine 
science, go on to obtain positions as horse trainers, barn managers. equine nutritionists. and riding 
instructors. It neither states nor implies that a bachelor's degree, or even an associate's degree, let 
alone one in a specific specialty, is necessary for entry into those positions. 
The site states, ·'A college degree is not a requirement for securing a barn manager 
position. though it does lend strength to the applicant's resume. Useful education would include a 
Bachelor's of Science degree in a field such as Equine Science, Animal Science, or Equine Business 
Management." 
Although it indicates that a bachelor's degree in a related field would be usefuL that site also 
explicitly states that a college degree is not a requirement for a bam manager position. It lends I ittle 
support to the proposition that minimum of a bachelor's degree in a specific specialty or its 
equivalent is normally the minimum educational requirement for entry into a barn manager position. 
Various other websites demonstrate that training horses in dressage is a very demanding skill and 
that horses thus trained command large sales prices. They do not indicate, however. that training 
horses in dressage requires a minimum of a bachelor's degree in a specific specialty or its 
equivalent. 
Further, we find that, to the extent that they are described in the record of proceedings. the numerous 
duties that the Petitioner ascribes to the proffered position indicate a need for a range of knowledge 
of horses, horse training , and dressage, but do not establish any particular level of formal. 
postsecondary education leading to a bachelor's or higher degree in a specific specialty as minimally 
necessary to attain such knowledge. 
Thus. the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. Second Criterion 
The second criterion presents two. alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its locus to the 
Petitioner's specific position. 
I. 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. 
(b)(6)
Matter of A-, LLC 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry 
requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms .. routinely employ 
and recruit only degreed individuals:' See .%anti. Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (0. Minn. 
1999) (quoting Hird!Biaker Corp. v. Sava. 712 F. Supp. 1095, 1102 (S.D .N.Y. 1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent , authoritative 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. Also, there are no submissions from 
the industry's professional association indicating that it has made a degree a minimum entry 
requirement. 
The Petitioner did submit two letters from others in the horse training industry. A letter from 
signed by and states, ''As a matter of personal knowledge , we 
know that it is conventional for barn managers to have a baccalaureate degree or equivalent in a field 
related to equine science." However, they provide no basis for their assertions other than "personal 
knowledge." They did not describe how they determined that such a degree or equivalent is 
"conventional" for barn manager positions. They did not indicate whether exceptions to that 
convention might exist. Because they did not describe the amount or type of experience they would 
consider equivalent to a related bachelor's degree. it is unclear whether such experience would 
qualify as ·'equivalent" pursuant to the salient regulations. Nor did they address the Petitioner's 
asse rtion that the position is a Level I, entry-level position relative to other positions within the 
occupational category . Their letters do not establish that barn manager positions, let alone an entry­
level barn manag er position such as the one proffered here, require a minimum of a bachelor's 
degree in a specific specialty. or its equivalent. within the meaning of the salient regulations. 5 
Similarly. a letter from of states, '·It has been my personal 
experience that in this extremely specialized industry, it is standard practice for barn manag ers to 
have achieved a Bachelor's Degree in equine science. or a comparable certification:· He did not 
indicate how he detennined this to be a ·'standard practice," the extent to which exceptions to this 
"standard practice'' may exist, or what he would consider a "comparable certification." Nor did he 
address the Petitioner's assertion that the position is a Level I, entry-level position relative to other 
positions within the occupational category. This letter does not establish that barn manager positions 
require a minimum of a bachelor's degree in a specific specialty or its equivalent, within the 
meaning of the salient regulations. 
The Petitioner also provided two Internet vacancy announcements for positions entitled "Assistant 
Barn Manager'' and "Assistant Equine Facilities Barn Manager." However, the vacancy 
5 These same deficiencies are also present in the "Petition" document submitted on appeal. 
Matter l?f A-. LLC 
announcements submitted by the Petitioner do not establish that the degree requirement is common 
to the industry in parallel positions among similar organizations. First. we note that the Petitioner 
did not provide any independent evidence of how representative these job advertisements are of the 
particular advertising employers' recruiting history for the type of jobs advertised. Further. as they 
are only solicitations for hire, they are not evidence of the employers' actual hiring practices. 
Second. upon review of the vacancy announcements. we find that they do not provide sullicient 
information about the advertising organizations to establish that they are of the same approximate 
size as, and otherwise similar to. the Petitioner. Without such evidence. these advertisements are 
generally outside the scope of consideration for this criterion. which encompasses only organizations 
that are similar to the Petitioner. 
Further. one of those vacancy announcements states only that the position requires a bachelor's 
degree, without specifying that the degree must be in any specific specialty. or even in any range of 
specialties. 
Finally. even if all of the vacancy announcements had been for parallel positions in organizations 
similar to the Petitioner and in the Petitioner's industry. and required a minimum of a bachelor's 
degree in a specific specialty or its equivalent. we would still find that the Petitioner had not 
demonstrated what statistically valid inferences, if any, could be drawn from two announcements 
with regard to the common educational requirements for entry into parallel positions in similar 
organizations. 6 
Thus, the Petitioner has not satisfied 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. 
A review of the record of proceedings finds that the Petitioner has not credibly demonstrated that the 
duties the Beneficiary will be responsible for or perform on a day-to-day basis constitute a position 
so complex or unique that it can only be performed by a person with at least a bachelor's degree in a 
specific specialty. or its equivalent. Even when considering the Petitioner's general descriptions of 
6 
USClS .. must examine each piece of evidence for relevance. probative value. and credibility. both individually and 
within the context of the totality of the evidence. to detennine whether the fact to be proven is probably true ... . Hatter of 
Chuwathe. 25 I&N Dec. 369. 376 (AAO 20 I 0). As just discussed. the Petitioner has not established the relevance of the 
job advertisements submitted to the position proffered in this case. Even if their relevance had been established. the 
Petitioner still would not have demonstrated what inferences. if any, can be drawn from these few job postings with 
regard to determining the common educational requirements for entry into parallel positions in similar organizations in 
the same industry. See generally Earl Babbie. The Practice o.fSocial Research 186-228 ( 1995). 
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Matter l~{ A-. LLC 
the proffered position's duties, the evidence of record does not establish why a few related courses 
or industry experience alone is insufficient preparation for the proffered position. While a few 
related courses may be beneficiaL or even required. in performing certain duties of the position. the 
Petitioner has not demonstrated how an established curriculum of such courses leading to a 
baccalaureate or higher degree in a specific specialty. or its equivalent. is required to perform the 
duties of the proffered position. The description of the duties does not specifically identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. The 
record lacks sufficiently detailed information to distinguish the proffered position as more complex 
or unique from other positions that can be performed by persons without at least a bachelor's degree 
in a specific specialty, or its equivalent. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
As noted above, the Petitioner attested on the submitted LCA that the wage level t()r the proffered 
position is a Level I (entry-level) wage. Such a wage level is for a position which only requires a 
basic understanding of the occupation: the performance of routine tasks that require limited. if any. 
exercise of judgment: close supervision and work closely monitored and reviewed for accuracy: and 
the receipt of specific instructions on required tasks and expected results. is contrary to a position 
that requires the performance of complex duties. 7 It is, instead, a position tor an employee who has 
only a basic understanding of the occupation. In order to attempt to show that parallel positions 
require a minimum of a bachelor's degree in a specific specialty or its equivalent. the Petitioner 
would be obliged to demonstrate that other wage Level I bam manager positions, entry-level 
positions requiring only a basic understanding of bam management, require a minimum of a 
bachelor's degree in a specific specialty or its equivalent. the proposition of which is not supported 
by the Handbook. 
Therefore, the evidence of record does not establish that this position is significantly different from 
other positions in the occupation such that it refutes the Handbook's information to the effect that 
there is a spectrum of degrees acceptable for such positions, including associate's degrees and even 
high school diplomas. In other words, the record lacks sufticiently detailed information to 
distinguish the protTered position as unique from or more complex than positions that can he 
perfonned by persons without at least a bachelor's degree in a specific specialty, or its equivalent. 
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 
7 The issue here is that the Petitioner's designation of this position as a Level I, entry-level position undermines its claim 
that the position is particularly complex, specialized, or unique compared to other positions ll'ithin 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), an entry-level 
position would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent for 
entry. Similarly. however, a Level IV wage-designation would not reflect that an occupation qualities 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 f()[ 
a determination of whether a proffered position meets the requirements of section 214(i)( I) of the Act. 
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Matter of A-, LLC 
or experience of a proposed beneficiary. but whether the position itselfrequires at least a bachelor's 
degree in a specific specialty. or its equivalent. As discussed, 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.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
nonnally requires a bachelor's degree in a specific specialty. or its equivalent. for the position. 
The Petitioner has not expressly asserted eligibility nor submitted evidence under this criterion. 
Further. in a letter dated September 24. 2014. the Petitioner stated, ··The Beneficiary of this visa 
petition is the first person in our seven year organizational history to have held the position of barn 
manager:' While a first-time hiring for a position is certainly not a basis for precluding a position 
from recognition as a specialty occupation. it is unclear how an employer that has never recruited 
and hired for the position would be able to satisfY the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
\Vhich requires a demonstration that it normally requires at least a bachelor"s degree in a specific 
specialty or its equivalent for the position. We cannot conclude that the Petitioner has satisfied the 
third criterion of8 C.F.R. § 214.2(h)(4)(iii)(A). 8 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. or 
its equivalent. 
Relative specialization and complexity have not been sufficiently developed by the Petitioner as an 
aspect of the proffered position. We again 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 (the 
lowest of four assignable levels) wage. That is, the Level I wage designation is indicative of a low. 
8 While a petitioner may believe or otherwise assert that a proffered position requires a degree in a specific specialty. 
that opinion alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing a petitioner's claimed self-imposed requirements. then any individual with a bachelor's 
degree could be brought to the United States to perform any occupation as long as the employer artificially created a 
token degree requirement. whereby all individuals employed in a particular position possessed a baccalaureate or higher 
degree in the specific specialty or its equivalent. See Defensor v. Meissner. 20 I F. 3d at 387. In other words. if a 
petitioner's degree requirement is only symbolic and the proffered position does not in fact require such a specialty 
degree or its equivalent to perform its duties. the occupation would not meet the statutory or regulatory definition of a 
specialty occupation. See section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)( 4 )(ii) (defining the term "'specialty 
occupation"). 
10 
Matter of A-, LLC 
entry-level position relative to others within the occupational category. and hence one not likely 
distinguishable by relatively specialized and complex duties. Given that typical positions located 
within the occupational category selected by the Petitioner on the LC A do not normally require a 
bachelor's degree in a specific specialty. it is unlikely that an entry-level position relative to other 
positions located within the occupational category would possess such a requirement. Upon review 
of the totality of the record. the Petitioner has not established that the nature of the specific duties is 
so specialized and complex that the knowledge required to perform the duties is usually associated 
with the attainment of a baccalaureate or higher degree in a specific specialty. or its equivalent. 
The Petitioner has not demonstrated in the record that its proffered position is one with duties 
sufficiently specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(.,t). 
Because the Petitioner has not satisfied one ofthe criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). it has not 
demonstrated that the proffered position qualities as a specialty occupation. 
IV. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127. 128 (BIA 2013). Here. that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter (dA-. LLC, ID# 16406 (AAO May 11, 2016) 
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