dismissed H-1B Case: Finance

U.S. Citizenship 
and Immigration 
Services 
MATTER OF N-0-B- N.A. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 11, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a commercial bank, seeks to temporarily employ the Beneficiary as a part-time "loan 
officer" under the H-1B nonimmigrant classification. See Immigration and Nationality Act (the Act) 
§ 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service Center, 
denied the petition. The matter is now before us on appeal. Upon de novo review, we will dismiss 
the appeal. 
I. ISSUE 
The issue before us is whether the proffered pos1t10n qualifies as a specialty occupation m 
accordance with the applicable statutory and regulatory provisions. 
II. SPECIALTY OCCUPATION 
A. 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) states, in pertinent part, the following: 
Specialty occupation means an occupation which [ ( 1)] requires theoretical and 
practical application of a body of highly specialized knowledge in fields of human 
endeavor including, but not limited to, architecture, engineering, mathematics, 
physical sciences, social sciences, medicine and health, education, business 
specialties, accounting, law, theology, and the arts, and which [(2)] requires the 
Matter of N-0-B- NA. 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as 
a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, a proposed position 
must meet one of the following criteria: 
(I) A baccalaureate or higher degree or its equivalent 1s normally the m1mmum 
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. 
As a threshold issue, it is noted that 8 C.F.R. § 214.2(h)(4)(iii)(A) must logically be read together 
with section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). In other words, this regulatory 
language must be construed in harmony with the thrust of the related provisions and with the statute 
as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (holding that construction 
of language which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Fed. Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter ofW-F-, 
21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(iii)(A) should 
logically be read as being necessary but not necessarily sufficient to meet the statutory and 
regulatory definition of specialty occupation. To otherwise interpret this section as stating the 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
particular positions meeting a condition under 8 C.F.R. § 214.2(h)(4)(iii)(A) but not the statutory or 
regulatory definition. See Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). To avoid this 
result, 8 C.F.R. § 214.2(h)(4)(iii)(A) must therefore be read as providing supplemental criteria that 
must be met in accordance with, and not as alternatives to, the statutory and regulatory definitions of 
specialty occupation. 
As such and consonant with section 214(i)(l) of the Act and the regulation at 8 C.F .R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets 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 proffered 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"). Applying this standard, USCIS regularly approves H-IB petitions for qualified 
individuals who are to be employed as engineers, computer scientists, certified public accountants, 
2 
Matter of N-0-B- NA. 
college professors, and other such occupations. These professions, for which petitioners have 
regularly been able to establish a minimum entry requirement in the United States of a baccalaureate 
or higher degree in a specific specialty, or its equivalent, directly related to the duties and 
responsibilities of the particular position, fairly represent the types of specialty occupations that 
Congress contemplated when it created the H-1B visa category. 
To determine whether a particular job qualifies as a specialty occupation, USCIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of 
the petitioning entity's business operations, are factors to be considered. users must examine the 
ultimate employment of the individual, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor v. Meissner, 201 F. 3d 384. The critical element is not the title 
of the position or an employer's self-imposed standards, but whether the position actually requires 
the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into 
the occupation, as required by the Act. 
B. Proffered Position 
In the labor condition application (LCA) submitted to support the visa petition, the Petitioner stated 
that the proffered position corresponds to the occupational category "Loan Officers" with SOC 
(ONET/OES) code 13-2072, at a Level I (entry level) wage. 
In a letter dated March 2, 2015, the Petitioner stated that the Beneficiary will work as a loan officer 
performing the following duties, with percentages: 
• Analyze [the Petitioner's] applicants' financial status, credit, and property evaluations 
to determine feasibility of granting loans. 10% 
• Obtain and compile copies of loan applicants' credit histories, e.g. corporate financial 
statements, and other financial information. 10% 
• Meet with applicants to obtain information for loan applications and to answer 
questions about the process at [the Petitioner]. 15% 
• Explain to customers the different types of loans and credit options that are available, 
as well as the terms of those services of our bank. 10% 
• Review loan agreements to ensure that they are complete and accurate according to 
policy of [the Petitioner]. 15% 
• Approve loans within specified limits, and refer loan applications outside those limits 
to management for approval. 1 0% 
3 
Matter of N-0-B- NA. 
• Handle customer complaints and take appropriate action to resolve them. 1 0% 
• Stay abreast of new types of loans and other financial services and products of other 
local commercial banks to better meet customers' needs. 10% 
• Review and update credit and loan files. Submit applications to credit analysts for 
verification and recommendation. 1 0% 
In its support letter, the Petitioner did not indicate the minimum requirements for the position, but 
stated that the Beneficiary has a U.S. Master of Science degree in Applied Finance and a Bachelor's 
degree in International Economics. 
In response to the RFE, in a letter dated May 19, 2015, the Petitioner did not provide its minimum 
requirements for the position, but stated that it has a past practice of hiring persons with a minimum 
of a Bachelor's degree to work as loan officers. 
On appeal, in a letter dated July 8, 2015, the Petitioner states, "People who work in our bank as loan 
officers must have a minimum education qualification of a Bachelor's Degree according to our bank 
policy." Although the Petitioner states that a minimum requirement for the proffered position is a 
bachelor's degree, the Petitioner does not indicate that the degree must be in a specific specialty. 
C. Analysis 
For H-lB approval, a petitioner must demonstrate a legitimate need for a position to exist and to 
substantiate that it has H -1 B caliber work for the Beneficiary for the period of employment 
requested in the petition. It is incumbent upon a petitioner to demonstrate it has sufficient work to 
require the services of a person with at least a bachelor's degree in a specific specialty, or its 
equivalent, to perform duties at a level that requires the theoretical and practical application of at 
least a bachelor's degree level of a body of highly specialized knowledge in a specific specialty for 
the period specified in the petition. 
As a preliminary matter, the Petitioner's claim that a bachelor's degree is a sufficient minimum 
requirement for entry into the proffered position 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. There must be a close correlation between the required specialized studies and the 
position; thus, the mere requirement of a degree, without further specification, does not establish the 
position as a specialty occupation. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 
(Comm'r 1988) ("The mere requirement of a college degree for the sake of general education, or to 
obtain what an employer perceives to be a higher caliber employee, also does not establish 
eligibility."). Thus, while a general-purpose bachelor's degree may be a legitimate prerequisite for a 
particular position, requiring such a degree, without more, will not justify a finding that a particular 
4 
Matter of N-0-B- NA. 
position qualifies for classification as a specialty occupation. Royal Siam Corp. v. Chertoff, 484 
F.3d at 147.1 
The Petitioner asserts that its minimum requirement for the proffered position is only a bachelor's 
degree, without further requiring that the degree be in any specific specialty. Without more, the 
Petitioner's statement alone indicates that the proffered position is not in fact a specialty 
occupation. The Director's decision must therefore be affirmed and the appeal dismissed on this 
basis alone. 
Moreover, it also cannot be found that the proffered position qualifies as a specialty occupation as 
the Petitioner has not satisfied any of the supplemental, additional criteria at 8 C.F.R. § 
214.2(h)(4)(iii)(A). To reach this conclusion, we turn first to the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
A baccalaureate or higher degree in a specific specialty, or its equivalent, is 
normally the minimum requirement for entry into the particular position 
We recognize the U.S. Department of Labor (DOL)'s Occupational Outlook Handbook (Handbook) 
as an authoritative source on the duties and educational requirements of the wide variety of 
occupations that it addresses.2 The Handbook's section titled "How to Become a Loan Officer" 
states: 
Most loan officers need a bachelor's degree and receive on-the-job training. 
Mortgage loan officers must be licensed. 
Education 
Loan officers typically need a bachelor's degree, usually in a field such as 
business or finance. Because commercial loan officers analyze the finances of 
1 A general degree requirement does not necessarily preclude a proffered position from qualifying as a specialty 
occupation. For example, an entry requirement of a bachelor's or higher degree in business administration with a 
concentration in a specific field, or a bachelor's or higher degree in business administration combined with relevant 
education, training, and/or experience may, in certain instances, qualify the proffered position as a specialty 
occupation. In either case, it must be demonstrated that the entry requirement is equivalent to a bachelor's or higher 
degree in a specific specialty that is directly related to the proffered position. See Royal Siam Corp. v. Chertoff, 484 F.3d 
at 147. 
It is also important to note that a position may not qualify as a specialty occupation based solely on either 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 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 section 214(i)(l) ofthe Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
2 The Handbook, which is available in printed form, may also be accessed online at http://www.bls.gov/ooh. The 
references to the Handbook are from the 2016-17 edition available online. 
5 
Matter of N-0-B- NA. 
businesses applying for credit, they need to understand general business accounting, 
including how to read financial statements. 
Some loan officers may be able to enter the occupation without a bachelor's 
degree if they have related work experience, such as in sales, customer service, or 
banking. 
Training 
Once hired, loan officers usually receive some on-the-job training. This may 
be a combination of formal, company-sponsored training and informal training during 
the first few months on the job. 
Licenses, Certifications, and Registrations 
Mortgage loan officers must have a Mortgage Loan Originator (MLO) license. 
To become licensed, they must complete at least 20 hours of coursework, pass an 
exam, and submit to background and credit checks. Licenses must be renewed 
annually, and individual states may have additional requirements. 
Several banking associations, including the American Bankers Association 
and the Mortgage Bankers Association, as well as a number of schools, offer courses, 
training programs, or certifications for loan officers. Although not required, 
certification shows dedication and expertise and thus may enhance a candidate's 
employment opportunities. 
U.S. Department of Labor (DOL), Bureau of Labor Statistics, Occupational Outlook Handbook, 
2016-17 ed., Loan Officers, available on the Internet at http://www.bls.gov/oohlbusiness-and­
financial/loan-officers.htm#tab-4 (last visited Feb. 8, 2016). 
The Handbook does not indicate that a bachelor's or higher degree in a specific specialty, or its 
equivalent, is normally the minimum requirement for entry into the particular position. Rather, the 
occupation accommodates a wide spectrum of educational and/or experience credentials. While the 
Handbook reports that most officers need a bachelor's degree, it also reports that some firms hire 
loan officers with related work experience instead of a bachelor's degree. 
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.3 This designation is indicative of a 
3 The "Prevailing Wage Determination Policy Guidance" issued by the U.S. Department of Labor (DOL) provides a 
description of the wage levels. A Level I wage rate is described by DOL as follows: 
Level I (entry) wage rates are assigned to job offers for beginning level employees who have only a basic 
understanding of the occupation. These employees perform routine tasks that require limited, if any, 
exercise of judgment. The tasks provide experience and familiarization with the employer's methods, 
practices, and programs. The employees may perform higher level work for training and developmental 
Matter of N-0-B- NA. 
comparatively low, entry-level position relative to others within the occupation and signifies that the 
Beneficiary is only expected to possess a basic understanding of the occupation and will perform 
routine tasks that require limited, if any, exercise of judgment. In accordance with the relevant DOL 
explanatory information on wage levels, the Beneficiary will be closely supervised and her work 
closely monitored and reviewed for accuracy. Furthermore, she will receive specific instructions on 
required tasks and expected results. DOL guidance indicates that a Level I designation is 
appropriate for a research fellow, a worker in training, or an internship. Thus, based upon the 
Petitioner's designation of the proffered position as a Level I position (relative to others with the 
occupation), it appears as though the proffered position would be among those loan officer positions 
falling on the end of the spectrum for which work experience would likely suffice. 
As the evidence of record does not indicate that normally the minimum requirement for entry is at 
least a bachelor's degree in a specific specialty, or its equivalent for this particular position, the 
Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
The requirement of a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is common to the industry in parallel 
positions among similar organizations 
Next, we find that the Petitioner has not satisfied the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)(2). This prong alternatively calls for the Petitioner to establish that a 
requirement of a bachelor's or higher degree in a specific specialty, or its equivalent, is common for 
positions that are identifiable as being (1) in the Petitioner's industry, (2) parallel to the proffered 
position, and also (3) located in organizations that are similar to the Petitioner. 
Again, 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 Shanti, Inc. v. Reno, 36 F. Supp. 2d at 1165 (quoting 
Hird/Blaker Corp. v. Sava, 712 F. Supp. at 1102). 
As already discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook (or any other independent, authoritative source) reports an industry-wide requirement 
purposes. These employees work under close supervision and receive specific instructions on required tasks 
and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job 
offer is for a research fellow, a worker in training, or an internship are indicators that a Level I wage should 
be considered. 
U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://www. foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ R 
evised_ll_2009.pdf. 
Matter ofN-0-B- NA. 
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. 
There are no submissions from the industry's professional association indicating that it has made a 
degree a minimum entry requirement and no submission of letters or affidavits from firms or 
individuals that attest that such firms routinely employ only individuals with a degree in a specific 
specialty. 
In support of the assertion that the degree requirement is common to the Petitioner's industry in 
parallel positions among similar organizations, the Petitioner submitted copies of job advertisements. 
However, upon review of the documents, we find that the Petitioner's reliance on the job 
announcements is misplaced. 
As noted, the Petitioner stated that it is a commercial bank. The Petitioner designated its business 
operations under the North American Industry Classification System (NAICS) code 522110.4 This 
NAICS code is designated for "Commercial Banking." The U.S. Department of Commerce, Census 
Bureau website describes this NAICS code by stating the following: "This industry comprises 
establishments primarily engaged in accepting demand and other deposits and making commercial, 
industrial, and consumer loans. Commercial banks and branches of foreign banks are included in this 
industry." U.S. Dep't of Commerce, U.S Census Bureau, 2012 NAICS Definition, 522110 -
Commercial Banking, http://www.census.gov/cgi-bin/sssd/naics/naicsrch (last visited Feb. 8, 2016). 
For the Petitioner to establish that other organizations are similar, it must demonstrate that they share 
the same general characteristics. Without such evidence, documentation submitted by the Petitioner 
is generally outside the scope of consideration for this criterion, which encompasses only 
organizations that are similar to the Petitioner. When determining whether the Petitioner and the 
organization share the same general characteristics, such factors may include information regarding 
the nature or type of organization, and, when pertinent, the particular scope of operations, as well as 
the level of revenue and staffing (to list just a few elements that may be considered). Notably, it is 
not sufficient for the Petitioner to claim that an organization is similar and in the same industry 
without providing a legitimate basis for such an assertion. 
Upon review of the documentation, we find that the Petitioner did not establish that a requirement of 
a bachelor's or higher degree in a specific specialty, or its equivalent, is common for positions that 
are identifiable as being (1) in the Petitioner's industry, (2) parallel to the proffered position, and 
also (3) located in organizations that are similar to the Petitioner. 
4 According to the U.S. Census Bureau, the North American Industry Classification System (NAICS) is used to classify 
business establishments according to type of economic activity and each establishment is classified to an industry 
according to the primary business activity taking place there. See http://www.census.gov/eos/www/naics/ (last visited 
Feb. 8, 20 16). 
(b)(6)
Matter of N-0-B- NA . 
For instance, the Petitioner included an advertisement for a position with the 
There is insufficient information to establish that this advertisement is for an 
organization that is similar to the Petitioner. 
Although the other advertisements were also placed by banks, the Petitioner has not sufficiently 
established that the advertised positions parallel those of the duties of the proffered position. For 
example, the advertisements are for a 
Commercial Loan Officer. However, because it does not appear from the Petitioner ' s proffered 
duties that the Beneficiary would work on commercial loans, the Petitioner has not demonstrated 
that these positions parallel the one proffered here. Additionally, the 
requires a degree plus seven years of experience, so this position appears to occupy a higher level of 
responsibility than the Petitioner's position, which is paid at a Level I wage. The positions 
advertised by require mortgage license registration, which the 
Petitioner does not require. This indicates that these positions are for a Mortgage Officer, which as 
stated by the Handbook requires additional certification, indicating that these positions are different 
than the one proffered here. The advertisement placed by requires a bachelor 's 
degree but does not require that the degree be in a specific specialty. 
As the documentation does not establish that the Petitioner has met this prong of the regulations , 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. That is, not every deficit of every job posting has been addressed. 5 Therefore, the 
Petitioner has not established that a requirement of a bachelor's or higher degree in a specific 
specialty, or its equivalent, is common to the Petitioner's industry in positions that are (1) in the 
Petitioner's industry, (2) parallel to the proffered position, and also (3) located in organizations that 
are similar to the Petitioner. For the reasons discussed above, the Petitioner has not satisfied the first 
alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
5 Although the size of the relevant study population is unknown, the Petitioner does not demonstrate what statistically 
valid inferences, if any, can be drawn from these advertisements with regard to determining the common educational 
requirements for entry into parallel positions in similar companies . See generally Earl Babbie, The Practice of Social 
Research 186-228 (1995). Moreover , given that there is no indication that the advertisements were randomly selected, 
the validity of any such inferences could not be accurately determined even if the sampling unit were sufficiently large. 
See id. at 195-196 (explaining that "[r]andom selection is the key to [the] process [of probability sampling)" and that 
"random selection offers access to the body of probability theory, which provides the basis for estimates of population 
parameters and estimates of error.") 
As such, even if the job announcements supported the finding that the position of loan officer for companies that are 
similar to the Petitioner requires a bachelor's or higher degree in a specific specialty, or its equivalent, it cannot be found 
that such a limited number of postings that appear to have been consciously selected could credibly refute the findings of 
the Handbook that such a position does not require at least a baccalaureate degree in a specific specialty, or its 
equivalent , for entry into the occupation in the United States. 
9 
Matter of N-0-B- NA. 
The particular position is so complex or unique that it can be performed only by 
an individual with a baccalaureate or higher degree in a 
specific specialty, or its equivalent 
We will next consider the second alternative prong of 8 C.P.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. 
The evidence of record does not develop relative complexity or uniqueness as an aspect of the 
position. The Petitioner did not submit evidence to demonstrate that the proffered position entails 
work that is more complex or unique that it can only be performed by someone with a bachelor's 
degree in a specific specialty, or the equivalent. Further, the LCA submitted by the Petitioner 
indicates a wage level at a Level I (entry) wage, which is the lowest of four assignable wage levels. 6 
Without further evidence, the record of proceeding does not indicate 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. 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." 7 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. 
Upon review, we find that the Petitioner has not sufficiently developed relative complexity or 
uniqueness as an aspect of the proffered position. For instance, the Petitioner did not submit 
information relevant to a detailed course of study leading to a specialty degree and did not establish 
how such a curriculum is necessary to perform the duties it may believe are so complex and 
unique. 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 
6 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 within the same occupation. Nevertheless, a 
Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a 
LevellY 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 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)( 1) of the Act. 
7 For additional information regarding wage levels as defined by DOL, see U.S. Dep't of Labor, Emp't & Training 
Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available 
at http://www.flcdatacenter.com/download!NPWHC _Guidance_ Revised _11_ 2009.pdf 
10 
Matter ofN-0-B- NA. 
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. 
The Petitioner did not establish that its particular position is so complex or unique that it can only be 
performed by an individual with at least a bachelor's degree in a specific specialty, or its equivalent. 
Therefore, the Petitioner has not satisfied the second alternative prong of 8 C.P.R. 
§ 214.2(h)(4)(iii)(A)(2). 
The employer normally requires a baccalaureate or higher degree in a 
spec[fic specialty, or its equivalent, for the position 
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. To 
this end, we review the Petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position, and any other documentation submitted by 
the Petitioner in support of this criterion of the regulations. 
To merit approval of the petition under this criterion, the record must establish that a petitioner's 
imposition of a degree requirement is not merely a matter of preference for high-caliber candidates 
but is necessitated by performance requirements of the position. While a petitioner may assert that a 
proffered position requires a specific degree, 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 Petitioner 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 388. In other words, if a petitioner's stated degree requirement is only 
designed to artificially meet the standards for an H-lB visa and/or to underemploy an individual in a 
position for which he or she is overqualified and if 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 § 214(i)(l) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
To satisfy this criterion, the evidence of record must show that the specific performance 
requirements of the position generated the recruiting and hiring history. We must examine the actual 
employment requirements, and, on the basis of that examination, determine whether the position 
qualifies as a specialty occupation. See generally Defensor v. Meissner, 201 F. 3d 384. In this 
pursuit, the critical element is not the title of the position, or the fact that an employer has routinely 
insisted on certain educational standards, but whether performance of the position actually requires 
the theoretical and practical application of a body of highly specialized knowledge, and the 
1 1 
Matter ofN-0-B- NA. 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into 
the occupation as required by the Act. 
On appeal, the Petitioner provides a list of its current and former loan officers who have a wide 
range of degrees. Some have a master's degree in business administration, some have a master's 
degree in applied finance, some have a bachelor's degree in business administration, one has a 
master's degree in business management, one has a bachelor's degree in philosophy, and one has a 
bachelor's degree in finance. In addition, the Petitioner provided a copy of an advertisement it 
placed for a loan officer where it required a master's degree in business administration or finance 
plus one year of experience. Even if the Petitioner were able to demonstrate, which it did not do, 
that all of its loan officers perform the same duties as the ones proposed for the proffered position, 
we note that the Petitioner nonetheless appears to accept a wide range of bachelor's degrees, 
master's degrees, and experience for its' loan officer positions. We further note again that the 
Petitioner never stated that it requires a minimum of a bachelor's degree in a specific specialty or the 
equivalent. We hereby incorporate our earlier discussion regarding the lack of such a requirement. 
Therefore, the Petitioner has not satisfied the third criterion of8 C.F.R. § 214.2(h)(4)(iii)(A). 
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 in a specific specialty, or its equivalent 
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. 
Upon review of the record of the proceeding, we find that the Petitioner has not provided sufficient 
evidence to satisfy this criterion of the regulations. In the instant case, relative specialization and 
complexity have not been credibly developed by the Petitioner as an aspect of the proffered position. 
That is, the proposed duties have not been described with sufficient specificity to establish that they 
are more specialized and complex than positions that are not usually associated with at least a 
bachelor's degree in a specific specialty, or its equivalent. 
We further incorporate our earlier discussion and analysis regarding the duties of the proffered 
position, and the designation of the proffered position in the LCA as a Level I position (the lowest of 
four assignable wage-levels) relative to others within the occupational category. Without more, the 
position is one not likely distinguishable by relatively specialized and complex duties. That is, 
without further evidence, the Petitioner has not demonstrated that its proffered position is one with 
specialized and complex duties as such a position falling under this occupational category would 
12 
Matter of N-0-B- NA. 
likely be classified at a higher-level, such as a Level III (experienced) or Level IV (fully competent) 
position, requiring a substantially higher prevailing wage. 8 
The Petitioner has submitted insufficient evidence to satisfy this criterion of the regulations. We, 
therefore, conclude that the Petitioner did not satisfy the criterion at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)( 4). 
For the reasons related in the preceding discussion, the Petitioner has not established that it has 
satisfied any of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) and, therefore, it cannot be found that 
the proffered position qualifies as a specialty occupation. 
III. CONCLUSION 
In visa petition proceedings, it is the Petitioner's burden to establish 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 ofN-0-B- NA., ID# 15629 (AAO Feb. 11, 2016) 
8 As previously discussed, a Level IV (fully competent) position is designated by DOL for employees who "use 
advanced skills and diversified knowledge to solve unusual and complex problems" and requires a significantly higher 
wage. 
13