dismissed H-1B Case: Event Design

MATTER OF C-M-F-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 7, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an event design company, seeks to temporarily employ the Beneficiary as an "events 
manager" 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-IB 
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, California Service Center, denied the petition. The Director concluded that the 
Petitioner had not established the proffered position as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erroneously concluded that it had not established that the proffered position 
requires at least a bachelor's degree in a specific field. 
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.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: 
(b)(6)
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(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). 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-1B petitiOn, the Petitioner stated that it is a three-employee company and that the 
Beneficiary will serve as its part-time "events manager." The Petitioner provided the following 
description of the duties of the proffered position in response to the Director's request for evidence 
(RFE): 
• Create promotional items, including referral images of event designs for initial 
client consultations, sign programs such as (1 0%) 
• Meet with clients for initial consultation; record all client requests; present 
referral images of similar event designs; begin process of determining optimum' 
design strategy for event at hand (10%) 
• Visit venue at which event will be held to determine measurements where needed 
and other setting details; aid in preparing sample presentations for client ( 15%) 
• Coordinate services for clients to address latest trends in fashion and design 
including seasonal visions for displays; coordinate services for client to address 
budget criteria ( 15%) 
• Aid in artistic design and production including floral arrangements (living trees, 
indoor hedges, hanging plants); centerpieces (floral, fiber optic, plasma ball, and 
the like); bridal bouquets, graphic design of printed materials (invitations, table 
cards, and more), installations (video art, balloons, textile $CUlptural fixtures, and 
more), decor (lighting fixtures and more) (20%) 
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Matter ofC-M-F-
• Aid in on-site installation and set-up; interact with client for additional needs, 
modifications, additions, adjustments; check displays for any problems; make any 
necessary changes (30%) 
According to the Petitioner, the position of Events Manager requires a minimum of a bachelor's 
degree in fine arts with a concentration in studio or related. 
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 qualifies as a specialty occupation. 1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
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 n.ormally 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 
On the labor condition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Meeting, Convention, and Event 
Planners" corresponding to the Stftndard Occupational Classilication code 13-1121.4 The subchapter 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 
l:he Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. , 
3 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USC IS 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 Levell 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., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://tlcdatacenter.com/download/NPWHC _Guidance_ Revised _II_ 2009.pdf A prevailing wage determination starts 
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Matter ofC-M-F-
of the Handbook entitled "How to Become a Meeting, Convention, or Event Planner" states, in 
relevant part, the following: 
Applicants usually need a bachelor's degree and some experience related to event 
planning. 
Education 
Many employers prefer applicants who have a bachelor's degree and some work 
experience in hotels or planning. The proportion of planners with a bachelor's degree 
is increasing because work responsibilities have become more complex. Although 
some colleges offer degree programs in meeting and event m~nagement, other 
common fields of study include hospitality and tourism management. If an 
applicant's degree is not related to these fields, employers are likely to require at least 
1 to 2 years of related hospitality or planning experience. 
Planners who have studied meeting and event management or hospitality 
management may start out with greater responsibilities than those from other 
academic disciplines. Some colleges offer continuing education courses in meeting 
and event planning. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Meeting, Convention, or Event Planners," http://www.bls.gov/oohlbusiness-and-financiallmeeting­
convention-and-event-planners.htm#tab-4 (last visited Sept. 30, 2016). 
The Handbook does not report that a bachelor's degree in a specific specialty is required to perform 
the duties of a meeting, convention, or event planner. As the Petitioner noted the Handbook does not 
specifically address the occupation of events manager.5 Accordingly, in certain instances, the 
Handbook is not determinative. 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 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 case, it is the Petitioner's responsibility to provide 
probative evidence (e.g., documentation from other objective, authoritative sources) that supports a 
finding that the particular position in question qualifies as a specialty occupation. Whenever more 
than one authoritative source exists, an adjudicator will consider and weigh all of the evidence 
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. 
5 Although the Petitioner here identified the proffered position on the certified LCA as a meeting, convention, and event 
planner, we will discuss the Petitioner's comments indicating that its proffered position is an event manager and not an 
event planner, in subsequent sections of this decision. 
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Matter ofC-M-F-
presented to determine whether the particular position qualifies as a specialty occupation. Here, the 
Petitioner has not submitted other authoritative sources in support of this criterion. 
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 
concentrates 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. 
When 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 Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999)(quotingHird/BlakerCorp. v. Sava, 712F. Supp.1095, 1102(S.D.N.Y.1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative sources) reports an industry-wide 
requirement for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we 
incorporate by reterence 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. 
In support of its assertion that the degree requirement is common to the Petitioner's industry in 
parallel positions among similar organizations, the Petitioner submitted copies of advertisements for 
an assistant event manager, a manager of events and corporate relations, an entry-level event 
marketing manager, and a public relations assistant. The Petitioner noted that these positions, as 
they are more marketing and public relations oriented as the duty profiles suggest, required 
bachelor's degrees in marketing or public relations or related fields. The Petitioner claims that by 
analogy, as its event manager is required to focus on artistic event design, it has shown that its event 
manager must have a bachelor's degree in fine arts with a concentration in studio similar to the 
advertised positions that "must have specific educational training to perform company-specific job 
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(b)(6)
Matter ofC-M-F-
duties." However, for the advertisements to be relevant in this determination, the advertisements 
must b~ for parallel positions for companies similar to the Petitioner. We cannot determine from the 
initial ddvertisements submitted that the Petitioner's event manager with a different concentration of 
duties establishes this prong of the second criterion. 
We have also reviewed the additional advertisements submitted in response to the Director's RFE 
and on appeal. The advertisement for an experienced graphic design manager from 
while including some of the same general duties as the proffered position, 
requires a bachelor's degree in graphic design or fine art and eight years of experienc~ as a graphic 
designer and a minimum of three years of management experience. Similarly, the advertisement for 
an associate creative director for a paper and gift retailer, requires a bachelor's degree 
in fine arts or marketing communication and a minimum of seven plus years of experience. While 
these positions incorporate both an artistic element and a management element, the actual duties 
overall are not parallel to the duties the Petitioner expects the Beneficiary to perform for it. 
Additionally, both positions require a significant amount of experience, also demonstrating the 
advertised positions are not parallel to the Petitioner 's proffered position. Further, the Petitioner has 
not established that either company is similar to it in terms of type, scope, and size. 
I 
Likewise, the advertisements submitted on appeal, from and are not 
advertisements from companies similar to the Petitioner. While it appears that 
may be a company in the Petitioner's industry, the requirements for its senior event manager are a 
bachelor's degree in business, hospitality, or a related field and three to five years of related 
experience.6 academic and experience requirements include a spectrum of 
acceptable degrees which are also different from the Petitioner's claimed requirements, and thus do 
not establish an events manager position as a specialty occupation. 
Upon review of all the advertisements submitted, the advertisements are insufficient to demonstrate 
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 Petitioner's industry in parallel positions among 
similar organizations. There is insufficient information within the advertisements to establish this 
prong of the criterion. 
We have also reviewed the letters the Petitioner submitted on ' appeal from other firms in the 
Petitioner's industry. In the letter from the owner states that she requires 
each of her employees "to have a bachelor's degree in a field relating to the position occupied within 
[her] company." She notes that she has a bachelor's degree in fine arts and performs many of the 
6 A general degree in business or business administration alone is insufficient to qualify a beneficiary to perform the 
services of a specialty occupation, unless the academic courses pursued and knowledge gained is a realistic prerequisite 
to a particular occupation in the field. See Matter of Ling, 13 J&N Dec. 35 (Reg'l Comm'r 1968) (finding that 
'" Business administration ' is a broad field, a field which contains various occupations and/or professions, all of which 
are related to the world of business but each requiring a different academic preparation and experience peculiar to its 
needs"). Thus, the advertiser's acceptance of a degree in business , without more, is an acknowledgement that the 
position is not a specialty occupation. 
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(b)(6)
Matter ofC-M-F-
same duties for her company as the Petitioner's event manager does for the Petitioner. She 
concludes that based on her experience in the industry, positions similar to the Petitioner's proffered 
position require a Bachelor's degree in fine arts. The president of provides 
similar information regarding the Petitioner's proffered position, and notes his bachelor of fine arts 
degree and his company's requirement that its events managers also have bachelor of fine arts 
degrees ~ He also concludes, based on his years of experience in the industry, that positions similar to 
the Petitioner's proffered position require a bachelor's degree in fine arts. The floral and creative 
styling director for provides a similar letter, concluding that in 
her experience "positions similar to the Events Manager position at [the Petitioner] require a 
Bachelor's 
degree in Fine [A ]rts." The principal and designer of also states that "it 
is essential that [his] Events Managers are highly educated and have at least a BFA." 
I 
These four letters all contain similar claims but do not include corroborating · evidence of the 
companies' actual employment practices. The anecdotal information supplied is insufficient to 
establish that these individuals routinely employ and recruit only degreed individuals in a specific 
specialty. "[G]oing on record without supporting documentary evidence is not sufficient for 
purposes of meeting the burden of proof in these proceedings." Matter of Soffici, 22 I&N Dec. 158, 
165 (Comm'r 1998) (citing Matter of Treasure Craft of Cal., 14 I&N Dec. 190 (Reg' I Comm'r 
1972)). In that regard, we also note that a bachelor's of fine arts degree, like a business degree, is a 
degree of generalized title. A bachelor's of fine arts degree, without further specialization, is 
inadequate to establish that the proposed 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 fine arts, without further specification, does not establish the position as a 
specialty occupation. Cf Matter o.f Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988). 
Here, even if the letter-writers provided corroborating evidence that their event managers possessed 
fine arts degrees, a bachelor's of fine arts degree is such a broad degree, we cannot conclude it is a 
degree in a specific specialty. 
\ 
Thus, the Petit,ioner 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. 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. That is, while the 
Petitioner claims that the position involves "artistically and technological complex responsibilities, " 
the Petitioner does not demonstrate how the event manager's duties described require the theoretical 
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(b)(6)
Matter ojC-M-F-
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. 
For instance, the Petitioner initially identified seven courses, including 
and and the 
Beneficiary 's co-op experience as providing the Beneficiary with the "knowledge, skills, and artistic 
sensibility" to carry out her duties as its events manager. If these courses are sufficient to provide 
the Beneficiary the necessary background to perform the duties of the position, it is not clear that a 
four-year bachelor's level course of study in a specific discipline is required. Moreover, it is 
important to note that a position may not qualify as a specialty occupation based solely on ejther a 
preference for certain qualifications for the position or the claimed requirements of a petitioner. See 
Defensor v. Meissner , 201 F.3d 384, 387 (5th Cir. 2000). Instead, the record must establish that the 
performance of the duties of the proffered position requires both th~ theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a baccalaureate or 
higher degree in a specific specialty, or its equivalent, as the minimum for entry into the 
occupation. See section 214(i)( 1) of the Act; 8 C.F .R. § 214.2(h)( 4 )(ii) (defining the term "specialty 
occupation"). 
In response to the Director's RFE, and to address this issue, the Petitioner asserted that the proffered 
position has "a specified list of responsibilities that require a particular set of skills and area of 
knowledge that are part of the curriculum of any BFA program," and listed four of the above 
courses. The Petitioner claimed that a bachelor's of fine arts in studio or a related degree requires 
approximately two-thirds of its course work to focus on the creation and study of visual arts and 
one-third of the course work to focus on liberal arts. - The Petitioner maintained that only a 
bachelor's of fine arts in studio or a related degree provides the qualities of artistic vision and 
sensibility and practical knowledge to successfully execute the proffered position. The Petitioner 
reiterated that an events manager 
without an artistic educational background is not equipped to 
perform the services its clients require. 
On appeal, the Petitioner added that the job duties commensurate with specific classes taken in 
pursuit of a college degree are specific and detailed and show the complexity of duties required for 
the proffered position. The Petitioner provides examples of several of the described duties that relate 
to specific classes. We find, however, that while a few related courses may be beneficial 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. That is, the Petitioner 's 
reliance on a degree of generalized title with a few specific courses relating to specific artistic skills 
does not establish the complexity or uniqueness of the proffered position. 7 
7 The Petitioner 's designation of this position as a Levell , entry-level events planner further undermines its claim that 
the position is particularl y complex , specialized , or unique compared to other positions within( the same 
occupation. Nevertheless , a Level I wage-desi gnation does not preclude a proffered position from classification as a 
8 
Matter ofC-M-F-
In other words, the record lacks sufficiently detailed information to distinguish the proffered position 
as unique from or more complex than an event manager or other closely related positions that can be 
performed by persons without at least a bachelor's degree in a specific specialty, or its equivalent. 
The Petitioner did not sufficiently develop relative complexity or uniqueness as an aspect of the 
duties of the position, and it did not identify tasks that are so complex or unique that only a 
specifically degreed individual could perform them. 
Accordingly, the Petitioner has [not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific 1specialty, or its equivalent, for the position. 
The Petitioner stated in response to the Director's RFE, that the owner of the company has a 
bachelor's of fine arts degree in arts history and sculpture and that its production designer has a 
bachelor's of fine arts degree in oil painting. The Petitioner noted that it requires its employees to 
have a shared vision based on shared knowledge of artistic mediums, artistic materials, and 
sophisticated design possibilities. 
We note here that while a petitioner may assert that a proffered position requires a degree in a 
specific specialty, that statement 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, 201 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"). 
Here, the Petitioner has not established that the proposed duties O'f its events manager require a 
bachelor's degree in a specific specialty. As noted above, the record must establish that the 
specialty occupation, just as a Level IV wage-designation does not definitively establish such a classification. In certain 
occupations (e.g., doctors or lawyers), a Level I, 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 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 relevant factor but is not itselJ conclusive evidence that a proffered position meets the requirements 
of section 2 I 4( i)(l) of the Act. 1 
9 
Matter ofC-M-F-
performance of the duties of the proffered position requires both the theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a baccalaureate or 
higher degree in a specific specialty, or its equivalent, as the minimum for entry into the 
occupation. See id. Here, the Petitioner's preference for an individual with a similar educational 
background as its owner and production designer does not establish this essential element. 
The Petitioner has not satisfied the criterion at 8 C.F .R. § 214.2(h)( 4 )(iii)( A)( 3). 
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. 
The Petitioner asserts that it has detailed the complex and sophisticated job duties of the proffered 
position and that in response to the Director's RFE identified the corresponding college-level 
knowledge required to perform the duties. The Petitioner reiterates on appeal that the duties of the 
proffered position require, in part, artistically focused, independent decision and judgment, 
marketing promotion and oversight of artistic work, exercise of independent assessments and 
decisions, creation of promotional items using Adobe Photoshop, and aiding in artistic design and 
production. Although the Petitioner emphasizes that the duties of the proffered position require 
independent decision-making and judgment, and that it is a managerial position, the Petitioner has 
designated the position in the LCA as a Level I position (the lowest of four assignable wage-levels) 
relativeJo others within the same occupational category. As footnoted above, a Level I position 
requires limited, if any, exercise of judgment and is indicative of someone who will be closely 
supervised and who will have her work closely monitored and reviewed for accuracy. Thus, while 
the Petitioner is claiming that the proffered position requires the performance of specialized and 
complex duties, it has identified the wage requirement for the position to be the lowest wage level 
available for an event planner and not at the managerial level. The Petitioner's designation of this 
position as a Level I, entry-level event planner undermines its claim that the position is particularly 
complex, specialized, or unique compared to other positions within the same occupation. 
Upon review of the totality of the record, relative specialization and complexity have not been 
sufficiently developed by the Petitioner as an aspect of the proffered position. In other words, the 
proposed duties have not been described with sufficient specificity and consistency within the record 
to show that they are more specialized and complex than an event manager position that is not 
usually associated with at least a bachelor's 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)(4). 
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(b)(6)
Matter ofC-M-F-
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. 
IV. LCA DOES NOT CORRESPOND TO THE PETITION 
Since the identified basis for denial is dispositive of the Petitioner's appeal, we need not address 
another ground of ineligibility we observe in the record of proceedings. Nevertheless, \Ye will 
briefly note and summarize it here with the hope and intention that, if the Petitioner seeks dgain to 
employ the Beneficiary or another individual as an H-1B employee in the proffered position, it will 
submit sufficient independent objective evidence to address and overcome this additional ground in 
any future filing. 
As noted above, the certified LCA submitted in support of the instant petition lists a Level I 
prevailing wage level for meeting, convention, or event planners in and 
Illinois. This indicates that the LCA, which is certified for an entry-level position, is at odds with 
the Petitioner's claim that the position it "seeks to fill is managerial, requiring independent decision 
making, advanced judgement concerning sophisticated artistic concepts, complex projects and 
installations." 
Given that the LCA submitted in support of the petition was certified for a Level I wage, it must 
therefore be concluded that either (1) the position is a low-level, entry position relative to other 
meeting, convention, and event planners and, thus, based on the findings of the Handbook, published 
by the Bureau of Labor Statistics, the proffered position is not a specialty occupation; or(2) the LCA 
does not correspond to the petition. In other worqs, even if it were determined that the proffered 
position requires at least a bachelor's degree in a specific specialty, or its equivalent, such that it 
would qualify as a specialty occupation, the petition could still not be approved because the 
Petitioner has not submitted an LCA that corresponds to that Level III or IV position. 
While DOL is the agency 
that certifies LCA applications before they are submitted to USCIS, DOL 
regulations note that the Department of Homeland Security (DHS) (i.e., its immigration benefits 
branch, USCIS) is the department responsible for determining whether the content of an LCA filed 
for a particular Form I-129 actually supports that petition. See 20 C.F.R. § 655.705(b), which states, 
in pertinent part (emphasis added): ~· 
For H-1B visas ... DHS accepts the employer's petition (DHS Form I-129) with the 
DOL-certified LCA attached. In doing so, the DHS determines whether the petition 
is supported by an LCA which corresponds with the petition, whether the occupation 
named in the [LCA] is a specialty occupation or whether the individual is a fashion 
model of distinguished merit and ability, and whether the qualifications of the 
nonimmigrant meet the statutory requirements for H-1B visa classification. 
II 
Matter ofC-M-F-
The regulation at 20 C.F.R. § 655.705(b) requires that USCIS ensure that an LCA actually supports 
the H-1B petition filed on behalf of the Beneficiary. Here, it appears that the Petitioner has not 
submitted a valid LCA that corresponds to the claimed Level III or IV position. 
V. 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 ofC-M-F-, ID# 10910 (AAO Oct. 7, 2016) 
) 
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