dismissed H-1B Case: Financial Consulting

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U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service� 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: MAY 0 1 2015 OFFICE: VERMONT SERVICE CENTER FILE: 
IN RE: Pe titioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Admin istrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish 
agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or 
policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider 
or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion 
(Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION: The service center director denied the nonimmig rant visa peti tion, and the matter is 
now before the Adminis trative Appeals Office (AAO) on appeal. The appeal will be dismi ssed. 
The petition will be denied. 
I. INTRO DUCTION 
On the Form I-129 vi sa peti tiOn, the petiti oner describes it self as a two-employee financial 
consulting busin ess 1 established in In order to employ the beneficiary in what it designates as 
a full-tim e busin ess developm ent speciali st posit io n at a salary of $33,280 per year,2 the petiti oner 
seeks to classif y him as a nonimmig rant worker in a specialty occupation pursuant to sectio n 
101(a)(15)(H)(i)(b) of the Immig rati on and Nation ality Act (the Act), 8 U.S.C. 
§ 1101(a)(15)(H)(i) (b). 
The director denied the peti tio n, concluding that the evidence of record does not demonstrate 
that the proffered posit io n qualifi es for classifi cati on as a specia lty occupatio n.3 
The record of proceeding before us contain s the following: (1) the Form I-129 and supporting 
documentation; (2) the director's request for addit io nal evidence (RFE); (3) the peti tio ner's response 
to the RFE; (4) the di rector's letter denying the petit io n; and (5) the Form I-2 90B and supporting 
documentatio n. 
Upon review of the enti re record of proceeding , we find that the evidence of record does not overcome 
the director's ground for denying thi s petitio n. Accordingly, the appeal will be di smissed, and the 
petitio n will be denied. 
II. LAW 
As noted, the di rector's sole basis for denying thi s peti tion was her determin ation that the proffered 
posit io n is not a specialty occupation. To meet its burden of proof in establi shing the proffered 
1 The petitioner provided a North American Industry Classification System (NAICS) Code of 523999, 
"Miscellaneous Financial Investment Activities." U.S. Dep't of Commerce, U.S. Census Bureau, North 
American Industry Classification System, 2012 NAICS Definition, "523999 Miscellaneous Financial 
Investment Activities," http://www.census.gov/cgi-bin/sssd/naics/naicsrch (last visited Apr. 28, 20 15). 
2 The Labor Condition Application (LCA) submitted by the petitioner in support of the petition was certified 
for use with a job prospect within the "Market Research Analysts and Marketing Specialists" occupational 
classification, SOC (O*NET/OES) Code 13-1161, and a Level I (entry-level) prevailing wage rate, the 
lowest of the four assignable wage-levels. 
3 The director also found that the beneficiary is not eligible for a change of status. We do not have 
jurisdiction over the denial of an application to change status. As provided by 8 C.F.R. § 248.3(g), the denial 
of an application to change nonimmigrant status may not be appealed. Accordingly, this issue will not be 
further addressed. 
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position as a specialty occupation, the petitioner must establish that the employment it is offering to 
the beneficiary meets the following statutory and regulatory requirements. 
Section 214(i)(1) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1184(i)(1) defines the 
term "specialty occupation" as one 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 term "specialty occupation" is further defined at 8 C.F.R. § 214.2(h)(4)(ii) as: 
An occupation which requires [(1)] 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 requires [(2)] the 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, the position must 
also meet one of the following criteria: 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions 
among similar organizations or, in the alternative, an employer may show 
that its particular position is so complex or unique that it can be performed 
only by an individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
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)(1) 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. Federal Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter of 
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W-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.4 
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-lB petitions for 
qualified aliens who are to be employed as engineers, computer scientists, certified public 
accountants, 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-lB visa category. 
To determine whether a particular job qualifies as a specialty occupation, USCIS does not rely 
simply upon a proffered position's title. The specific duties of the position, combined with the 
nature of the petitioning entity's business operations, are factors to be considered. USCIS must 
examine the ultimate employment of the beneficiary, and determine whether the position qualifies 
as a specialty occupation. See generally Defensor v. Meissner, 201 F. 3d at 384. The critical 
element is not the title of the position nor 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. 
III. SPECIALTY OCCUPATION 
We will now address the director's finding that the proffered position is not a specialty occupation. 
Based upon a complete review of the record of proceeding, we agree with the director and find that 
the evidence of record does not establish that the position as described constitutes a specialty 
occupation. 
4 For all of these reasons, counsel's arguments that the bachelor's degree or equivalent need not be in a 
specific specialty are not persuasive. 
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In its March 17, 2014 H-lB support letter, the petitioner stated that the duties of the proffered 
position would include the following tasks: 
• At least one day before a client, prospect or COl meeting prepare a Meeting Agenda listing 
each account &/or policy to be reviewed with the client, or detailing presentation to be 
made. 
• Transcribe dictations emailed from Copy Talk to client File Notes or other document. 
Provide with a list of files worked on daily for review. 
• Document any follow ups or future opportunities noted in dictations to calendar [.] 
• Keep the President informed of personal events in client's life (birth, death in family, 
including of pet, surgery, wedding anniversary, etc.) prep & mail Card. 
Client Support: 
• Perform all file related & follow up tasks 
o Process New Business, confirming all required forms are for proper state & client 
signature spots identified. Scan & email completed applications when acceptable, if 
not overnight to after copying 
o Update client redweld tab index as new accounts are established 
o Create client Personal Financial Organizer 
o Prepare all contracts & policies for delivery to client 
• Handle client initiated requests, reviewing with President when necessary, including: 
o Reviewing contract specific features and benefits 
o eMoney data entry (including vault) 
o Answer client questions regarding functionality of website 
o Beneficiary changes, email changes, address changes & bank account changes 
Administrative Support: 
• Filing vendor statements confirming contract step ups, & address & beneficiary changes 
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• Assist with various "S pecial Projects"-i.e., MS Office Excel & Word spreadsheet 
construction, standardizing of abbreviations in File Notes, etc. 
• Perform database management & updates for eRelationship & Constant Contact 
• Obtain compliance approval for all advertising & sales materials, Update Daily Blotter as 
needed 
In its July 15, 2014 response to the director's RFE, the petitioner stated that the duties of the 
proffered position would include the following tasks: 
Essential functions: (50% of Beneficiary's time will be spent on these duties) 
• Manage the process of introducing and transitioning new clients to ' 
• Serve as client liaison, working closely with each client to gather, exchange, and process 
information for our unique 
• Perform a broad range of client services, including daily update of client records, ensuring 
timely quality care, service, and follow up. 
• Be responsible for case management and an array of essential client support services. 
• Serve as the 
clients. 
liaison with other financial institutions we work with on behalf of our 
• Take personal ownership and responsibility for resolving client questions on a timely basis. 
• Anticipate client needs and concerns, and maintains knowledge of problems and issues 
facing the client. 
• Assist advisor in analyzing clients' financial circumstances in light of various factors. 
• Assist advisor in positioning suitable products based on each client's current needs and long 
term financial strategy[.] 
• Place high priority on client satisfaction, builds and cultivates long term relationships[.] 
• Apply knowledge of products/services, customer needs, and technology to support advisor[.] 
• Understand business model, and use that knowledge to optimize the relationship 
between the company and the client[.] 
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• Stay current with financial industry and market trends[.) 
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• Convey information clearly and effectively in both individual and group settings[.] 
• Listen well and is adaptable to the open expression of ideas and opinions[.) 
• Has a comprehensive understanding of clients, and is able to adapt approach and style 
effectively to achieve communication goals[.] 
• Build positive relationships with peers, business partners, and colleagues while working 
effectively with others to accomplish organizational goals[.] 
• Work and interact within the team environment in a manner that respects the needs and 
contributions of others[.) 
Client Support: (35% of Beneficiary's time will be spent on these duties) 
• Process New Business, confirming all required forms are proper state & client signature 
spots identified. Scan & email completed applications when acceptable, if not overnight to 
Broker/Dealer after copying 
• Help create client Personal Financial Organizers 
• Prepare all contracts & policies for delivery to clients 
• Handle client initiated requests, reviewing with advisor when necessary, including: 
o Reviewing contract specific features & benefits 
o Software data entry 
Administrative Support: (15% of Beneficiary's time will be spent on these du ties) 
• Filing vendor statements confirming contract step ups, address & beneficiary changes 
• Assist with Special Projects using MS Office Excel & Word spreadsheets construction 
• Perform database management & updates for software programs 
• Obtain compliance approval for all advertising & sales materials 
• Update Transaction Blotter as necessary 
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Additional requirements: 
• Excellent interpersonal and organizational skills 
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• Ability to work in a highly autonomous environment while meeting all sales/service 
demands 
• Possess advanced analytical skills with the ability to prioritize complex tasks 
• Demonstrated ability to work well in fast-paced situations 
• Displays the confidence, skill and professionalism demanded to resolve critical issues in a 
manner that strengthens the client relationship 
• Maintain a sense of urgency, ability to multi-task, excellent organizational skills, and strong 
prioritization skills 
• Ability to use good judgment in line with 
manage client relationships 
policies and procedures when helping to 
• Perform duties with minimal supervision and sound judgment 
• Possess excellent oral and written communication skills 
• Meet with company owner as needed throughout each business day 
In its October 7, 2014 letter in support of the appeal, the petitioner stated that the duties of the 
proffered position would include the following tasks: 
Essential functions: (50% of Beneficiary's time will be spent on these duties) 
• Manage the process of introducing and transitioning new clients to 
• Serve as client liaison, working closely with each client to gather, exchange, and 
process information for our unique 
• Perform a broad range of client services, includ ing daily update of client records, 
ensuring timely quality care, service, and follow up. 
• Be responsible for case management and an array of essential client support services. 
• Serve as the liaison with other financial institutions and insurance companies 
we work with on behalf of our clients. 
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• Take personal ownership and responsibility for resolving client questions on a timely basis. 
• Identify, execute and follow-up on all opportunities to establish customer relationships 
including prospecting and lead utilization 
• Anticipate client needs and concerns, and maintains knowledge of problems and Issues 
facing the client 
• Analyze and interpret customers' financial circumstances and investment objectives in light 
of various factors. Outline advantages and disadvantages of various insurance products 
• Review with company owner appropriate and suitable products for each client's current 
needs and long term financial strategy 
• Place high priority on client satisfaction, building and cultivating long term relationships 
• Provide and demonstrate solid planning skills and comprehensive industry knowledge 
• Apply knowledge of products and services, customer needs, and technology to 
opportunities 
• Understand the 
relationship between 
business model, and uses that knowledge to optimize the 
and the client 
• Stay current with financial industry and market trends 
• Convey information clearly and effectively in both individual and group settings 
• Listen[ s] well and is adaptable to the open expression of ideas and opinions 
• Has a comprehensive understanding of customers, and is able to adapt approach and style 
effectively to achieve communication goals and convey key messages 
• Build positive relationships with peers, business partners, and colleagues while working 
effectively with others to accomplish organizational goals 
• Work and interact within the team environment in a manner that respects the needs and 
contributions of others 
Cli ent Support: (35% of Beneficiary's time will be spent on these duties) 
• Update client redwald tab indexes as new accounts are established 
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• Create client Personal Financial Organizers for clients with sections for each client 
policy and/or contract, for each family member 
• Prepare all contracts & policies for delivery to clients 
• Handle client initiated requests, reviewing with Owner when necessary 
• Obtain and prepare applications and other ancillary forms as necessary to prepare 
company Owner for client calls, and in office meetings 
• Review and compare contract specific clauses, features and benefits 
• eMoney Advisor data entry, including uploading client data to their online vaults 
Administrative Support: (15% of Beneficiary's time will be spent on these duties) 
• Filing insurance company statements, and confirming time sensitive contract step ups, client 
address & beneficiary changes 
• Assist with various "Spe cial Projects"-i.e., MS Office Excel & Word spreadsheet 
construction, and standardizing of abbreviations in client File Notes. 
• Perform database management and updates for eRelationship & Constant Contact 
• Obtain compliance approval from Broker/Dealer prior to any use of any advertising or sales 
materials, Update Daily Blotter as needed 
Additional requirements: 
• Excellent interpersonal and organizational skills 
• Ability to work in a highly autonomous environment while meeting all sales/service 
demands 
• Possess advanced analytical skills with the ability to prioritize complex tasks 
• Demonstrated ability to work well in high pressure, fast-paced situations 
• Displays the confidence, skill and professionalism demanded to resolve critical issues in a 
manner that strengthens the client relationship and mitigates risk for the firm 
• Must have a sense of urgency, ability to multi-task, excellent organizational skills, and 
strong prioritization skills 
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• Ability to use good judgment in line with 
relationships 
policies and procedures when managing 
• Perform duties with minimal supervision and sound judgment 
• Possess excellent oral and written communication skills 
The petitioner states that "[ a]ny administrative duties that are associated with the position are 
strictly incidental to the essential functions of a Business Development Specialist with " 
We will now discuss the application of each supplemental, alternative criterion at 
8 C.F.R. § 214.2(h)( 4 )(iii)(A) to the evidence in this record of proceeding. 
We will first discuss the criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A)(l), which is satisfied by 
establishing that a baccalaureate or higher degree, or its equivalent, in a specific specialty is 
normally the minimum requirement for entry into the particular position that is the subject of the 
petition. 
The petitioner states in its March 17, 2014 and July 15, 2014 letters that it needs the candidate to 
have at a minimum a Bachelor's degree in Business Administration or "related." In its October 17, 
2014 letter, it indicated that a degree in any field of study would suffice. The claimed requirement 
of a degree in "Business Administration" for the proffered position, without 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 business administration, without further specification, or a general-purpose 
bachelor's degree in any field, does not establish the position as a specialty occupation. 
Cf Matter of Michael Hertz Associates, 19 I&N Dec. 558 (Comm'r 1988). 
To prove that a job requires the theoretical and practical application of a body of highly specialized 
knowledge as required by section 214(i)(l) of the Act, a petitioner must establish that the position 
requires the attainment of a bachelor's or higher degree in a specialized field of study or its 
equivalent. As discussed supra, USCIS interprets the degree requirement at 8 C.P.R. 
§ 214.2(h)( 4)(iii)(A) to require a degree in a specific specialty that is directly related to the proposed 
position. Although a general-purpose bachelor's degree, such as a degree in business 
administration, may be a legitimate prerequisite for a particular position, requiring such a degree, 
without more, will not justify a finding that a particular position qualifies for classification as a 
specialty occupation. See Royal Siam Corp. v. Chertoff, 484 P.3d 139, 147 (1st Cir. 2007). 
Again, the petitioner claims that the duties of the proffered position can be performed by an 
individual with only a general-purpose bachelor's degree, i.e., a bachelor's degree in business 
administration. This assertion is essentially an admission that the proffered position is not in fact a 
specialty occupation. 
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Having made these determinatio ns, we wi ll turn next to the U.S. Department of Labor's (DOL) 
Occupational Outlook Handbook (Handbook), which we recogniz e as an authoritative source on the 
duties and educational requirements of the wi de vari ety of occupations it addresses. 5 As noted 
above, the LC A that the petitione r submit ted in support of this petitio n was certifi ed for a job offer 
falling within the "Market Research Analysts" occupational category. 
The Handbook states the following with regard to the duties of pos itions falling within the "Market 
Research Analysts" occupational category: 
Market research analysts st udy market conditions to examine potential sales of a 
product or servi ce. They help compani es understand what products people want, who 
wi ll buy them, and at what price. 
Duties 
Market research analysts typically do the following: 
• Moni tor and forecast marketing and sales trends 
• Measure the effectiveness of marketing programs and strategies 
• Devise and evaluate methods for collecting data, such as surveys, 
questio nnaires, and opin ion polls 
• Gather data about consumers, competitors, and market conditions 
• Analyze data us ing statistical software 
• Convert comp lex data and findi ngs into understandable tables, graphs, and 
written reports 
• Prepare reports and present results to clients and management 
Market research analysts perform research and gather data to help a company market 
its products or services . They gather data on consumer demographics, preferences, 
needs, and buying habits. They collect data and informatio n us ing a vari ety of 
methods, such as interviews, questio nnaires, focus groups, market analysis surveys, 
public opinion po lls, and literature reviews. 
Analysts help determine a company's po sitio n in the marketpl ace by researching their 
competitors and analyzing their prices, sales, and marketing methods. Using this 
informatio n, they may determ ine potential markets, product demand, and prici ng. 
5 The Handbook, which 
http://www.stats.bls.gov/oco/. 
online. 
is available in printed form, may also be accessed online at 
Our references to the Handbook are from the 2014-15 edition available 
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Their knowledge of the targeted consumer enables them to develop advertising 
brochures and commercials, sales plans, and product promotions. 
Market research analysts evaluate data using statistical techniques and software. They 
must interpret what the data means for their client, and they may forecast future 
trends. They often make charts, graphs, and other visual aids to present the results of 
their research. 
Workers who design and conduct surveys are known as survey researchers. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
"Market Research Analysts," http:// www .bls.gov/ooh/business-and-financial/market-research­
analysts.htm#tab-2 (last visited Apr. 28, 2015). 
The Handbook states the following with regard to the educational requirements necessary for 
entrance into positions within this occupational category: 
Most market research analysts need at least a bachelor's degree. Top research 
positions often require a master's degree. Strong math and analytical skills are 
essential. 
Market research analysts typically need a bachelor's degree in market research or a 
related field. Many have degrees in fields such as statistics, math, and computer 
science. Others have backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics, psychology, and 
sociology, are also important. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a Master of Business 
Administration (MBA). A master's degree is often required for leadership positions 
or positions that perform more technical research. 
Most market research analysts can benefit from internships or work experience in 
business, marketing, or sales. Work experience in other positions that require 
analyzing data, writing reports, or surveying or collecting data can also be helpful in 
finding a market research position. 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
qualify based on experience and knowledge; they must pass an exam, be a member of 
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a professional organization, and have at least 3 years working m opm10n and 
marketing research. 
Analytical skills. Market research analysts must be able to understand large amounts 
of data and information. 
Communication skills. Market research analysts need strong communication skills 
when gathering information, interpreting data, and presenting results to clients. 
Critical-thinking skills. Market research analysts must assess all available 
information to determine what marketing strategy would work best for a company. 
Detail oriented. Market research analysts must be detail oriented because they often 
do precise data analysis. 
Id. at http://www.bls.gov/ooh/business-and-financial/market-research-analy sts.htm#tab-4 (last 
visited Apr. 28, 2015). 
As a preliminary matter, we note that most of the duties listed for the proffered position do not 
appear to relate to those described in the Handbook for Market Research Analysts. 6 Even if the 
duties of the proffered position did relate to those of a Market Research Analyst, the Handbook does 
not indicate that a baccalaureate or higher degree, or its equivalent, in a specific specialty is 
normally the minimum requirement for entry. 
The Handbook's statement that "[m]ost market research analysts need at least a bachelor's degree" 
is acknowledged. However, these findings do not indicate that a bachelor's degree in a specific 
specialty, or the equivalent, is normally required for entry into positions in this occupational 
category. With regard to the Handbook's statement that "most" market research analysts need at 
least a bachelor's degree, it is noted that the first definition of "most" in Webster's New College 
Dictionary 731 (Third Edition, Hough Mifflin Harcourt 2008) is "[g]reatest in number, quantity, 
size, or degree." As such, if merely 51% of market research analysts positions require at least a 
bachelor's degree, it could be said that "most" market research analysts positions require such a 
degree. It cannot be found, therefore, that a particular degree requirement for "most" positions in a 
given occupation equates to a normal minimum entry requirement for that occupation, much less 
for the particular position proffered by the petitioner. Instead, a normal minimum entry 
requirement is one that denotes a standard entry requirement but recognizes that certain, limited 
exceptions to that standard may exist. To interpret this provision otherwise would run directly 
contrary to the plain language of the Act, which requires in part "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." Section 214(i)(l) of the Act. 
6 This disparity calls into question the validity of the LCA. 
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Here, the Handbook states that "[t]op research positions often require a master's degree.7 Strong 
math and analytical skills are essential. Market research analysts typically need a bachelor's degree 
in market research or a related field. Many have degrees in fields such as statistics, math, and 
computer science. Others have backgrounds in business administration, the social sciences, or 
communications." As mentioned, provided the specialties are closely related, e.g., chemistry and 
biochemistry, a minimum of a bachelor's or higher degree in more than one specialty is recognized 
as satisfying the "degree in the specific specialty (or its equivalent)" requirement of section 
214(i)(1)(B) of the Act. In such a case, the required "body of highly specialized knowledge" would 
essentially be the same. Since there must be a close correlation between the required "body of 
highly specialized knowledge" and the position, however, a minimum entry requirement of a degree 
in two disparate fields, such as philosophy and engineering, would not meet the statutory 
requirement that the degree be "in the specific specialty (or its equivalent)," unless the petitioner 
establishes how each field is directly related to the duties and responsibilities of the particular 
position such that the required "body of highly specialized knowledge" is essentially an 
amalgamation of these different specialties. Section 214(i)(1)(B) of the Act (emphasis added). 
Although the Handbook indicates that a bachelor's or higher degree is "typically" required, it also 
indicates that baccalaureate degrees in various fields are acceptable for entry into the occupation. In 
addition to recognizing degrees in disparate fields, i.e., social science and computer science as 
acceptable for entry into this field, the Handbook also states that "others have a background in 
business administration. " Although a general-purpose bachelor's degree, such as a degree in 
business administration, may be a legitimate prerequisite for a particular position, requiring such a 
degree, without more, will not justify a finding that a particular position qualifies for classification 
as a specialty occupation. See Royal Siam Corp. v. Chertoff, 484 F.3d at 147. Therefore, the 
Handbook's recognition that a general, non-specialty "background" in business administration is 
sufficient for entry into the occupation strongly suggests that a bachelor's degree in a specific 
specialty is not a normal, minimum entry requirement for this occupation. Accordingly, as the 
Handbook indicates that working in a position located within the Market Research Analysts 
occupational category does not normally require at least a bachelor's degree in a specific specialty 
or its equivalent for entry into the occupation, it does not support the proffered position as satisfying 
the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
Accordingly, as the Handbook indicates that entry into the Market Research Analysts occupational 
category does not normally require at least a bachelor's degree or the equivalent in a specific 
specialty or its equivalent, it does not support the proffered position as being a specialty occupation. 
Finally, it is noted again that the petitioner submitted an LCA certified for a job prospect with a 
wage-level that is only appropriate for a comparatively low, entry-level position relative to others 
7 The wage-level selected by the petitioner on the LCA does not indicate that the proffered position is a "top" 
position as described in the Handbook. 
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within its occupation, which si�nifies that the beneficiary is only expected to possess a basic 
understanding of the occupation. 
As the evidence of record does not establish that at least a baccalaureate degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for entry into the particular 
position that is the subject of this petition, the evidence of record does not satisfy the criterion 
described at 8 C.F.R. § 214. 2(h)(4)(iii)(A)(J). 
Next, we find that the evidence of record does not satisfy the first of the two alternative prongs of 
8 C.F.R. § 214. 2(h)(4)(iii)(A)(2). This prong alternatively calls for a 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. 
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 
(D.Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
9 
Again, the Prevailing Wage Determination Policy Guidance (available at 
http://www .foreignlabo rcert .doleta.gov/ pdf/NP WHC _Guidance _Revised _11_ 2009 .pdf (last visited Apr. 28", 
2015)) issued by DOL states the following with regard to Level I wage rates: 
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 judgmen t. 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 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 in ternship are indicators that a 
Level I wage should be considered [emphasis in original]. 
The proposed duties' level of complexity, uniqueness, and specialization, as well as the level of independent 
judgment and occupational understanding required to perform them, are questionable, as the petitioner submitted 
an LCA certified for a Level I, entry-level position. The LCA's wage-level is appropriate for a proffered position 
that is actually a low-level, entry position relative to others within the occupation. In accordance with the 
relevant DOL explanatory information on wage levels, by submitting an LCA with a Level I wage rate, the 
petitioner effectively attests that the beneficiary is only required to possess a basic understanding of the 
occupation; that he will be expected to perform routine tasks requiring limited, if any, exercise of judgment; 
that he will be closely supervised and her work closely monitored and reviewed for accuracy; and that he will 
receive specific instructions on required tasks and expected results. 
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Here and as already discussed, the petitioner has not established that its proffered position is one for 
which the Handbook reports an industry-wide requirement for at least a bachelor's degree in a specific 
specialty or its equivalent. 
The petitioner has provided job postings from an insurance broker, a consulting company, a credit 
union, an auto engine manufacturer, a technology portfolio company, a private security 
organization, an electronics company, an employment website business, a travel business, an 
engineering consulting and professional services firm, a commodity merchandising company, a law 
firm, a risk management company, a financial intelligence provider, a security company, and a 
human resources service provider. The advertisements submitted by the petitioner do not establish 
that these employers are "similar" to the petitioner in size, scope, and scale of operations, business 
efforts, expenditures, or in any other relevant extent. The petitioner has also provided job postings 
from two asset management companies. These two advertisements submitted by the petitioner do not 
establish that these employers are "similar" to the petitioner in size, scope, and scale of operations, 
business efforts or expenditures. Furthermore, most of the advertisements require experience, 
ranging from one to seven years. However, as noted above the petitioner submitted an LCA 
certified for a Level I, entry-level position, therefore indicating that the positions are not parallel. 
The advertisements do not establish that the positions are the same or similar to the proffered 
position, and do not satisfy this prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 10 
More importantly, many of these advertisements fail to state a requirement for a bachelor's degree 
in a specific specialty, or the equivalent. For instance, they accept solely a bachelor's degree, or a 
bachelor's degree in business administration, which is a general-purpose degree. 
Also, there are no submissions from professional associations, individuals, or similar firms in the 
petitioner's industry attesting that individuals employed in positions parallel to the proffered position 
are routinely required to have a minimum of a bachelor's degree in a specific specialty or its equivalent 
for entry into those positions. 
Therefore, the evidence of record does not satisfy the first of the two alternative prongs described at 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2), as the evidence of record does not establish a requirement for at 
least a bachelor's degree in a specific specialty or its equivalent that 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. 
10 
USCIS "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 determine whether the fact to be proven 
is probably true." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). As just discussed, the petitioner 
has failed to establish the relevance of the job advertisements submitted to the position proffered in this case. 
Even if their relevance had been established, the evidence of record does not demonstrate 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 of Social Research 186-228 (1995). 
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Next, we find that the evidence of record does not satisfy the second alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which provides that "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." 
In this particular case, the evidence of record does not credibly demonstrate that the duties the 
beneficiary will 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. 
The record of proceeding does not contain evidence establishing relative complexity or uniqueness 
as aspects of the proffered position, let alone that the position is so complex or unique as to require 
the theoretical and practical application of a body of highly specialized knowledge such that a 
person with a bachelor's or higher degree in a specific specialty or its equivalent is required to 
perform the duties of that position. Rather, we find, that, as reflected in this decision's earlier 
quotation of duty descriptions from the record of proceeding, the evidence of record does not 
distinguish the proffered position from other positions falling within the "Market Research 
Analysts" occupational category, which, the Handbook indicates, do not necessarily require a 
person with at least a bachelor's degree in a specific specialty or its equivalent to enter those 
positions. 
The statements of counsel and the petitioner with regard to the claimed complex and unique nature 
of the proffered position are acknowledged. However, those assertions are undermined by the fact 
that the petitioner submitted an LCA certified for a job prospect with a wage-level that is only 
appropriate for a comparatively low, entry-level position relative to others within its occupation. 
We incorporate here by reference and reiterate our earlier discussion regarding the LCA and its 
indication that the petitioner would be paying a wage-rate that is only appropriate for a low-level, 
entry position relative to others within the occupation, as this factor is inconsistent with the analysis 
of the relative complexity and uniqueness required to satisfy this criterion. Based upon the wage 
rate selected by the petitioner, the beneficiary is only required to have a basic understanding of the 
occupation. Moreover, that wage rate indicates that the beneficiary will perform routine tasks 
requiring limited, if any, exercise of independent judgment; that the beneficiary's work will be 
closely supervised and monitored; that he will receive specific instructions on requir ed tasks and 
expected results; and that his work will be reviewed for accuracy .11 
Accordingly, given the Handbook's indication that typical positions located within the "Market 
Research Analysts" occupational category do not require at least a bachelor's degree in a specific 
specialty, or the equivalent, for entry, it is not credible that a position involving limited, if any, 
exercise of independent judgment, close supervision and monitoring, receipt of specific instructions 
on required tasks and expected results, and close review would contain such a requirement. 
11 
While counsel's comments regarding the "high-end" nature of the petitioner's clientele are acknowle dged, 
counsel does not specifically explain how this characteristic of the petitioner's clientele affects the nature of 
the duties proposed for the beneficiary such that we should not rely upon the findings made by DOL in the 
Handbook. 
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The evidence of record therefore does not establish how the beneficiary's responsibilities and day­
to-day duties comprise a position so complex or unique that the position can be performed only by 
an individual with at least a bachelor's degree in a specific specialty or its equivalent. 
Consequently, as it has not been shown that the particular position for which this petition was filed 
is 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, the evidence of record does not satisfy the second alternative 
prong of 8 C.P.R. § 214.2(h)(4)(iii)(A )(2). 
We turn next to the criterion at 8 C.P.R. § 214.2(h)(4)(iii)( A)(3), which entails an employer 
demonstrating that it normally requires a bachelor's degree in a specific specialty or its equivalent 
for the position. 
Our review of the record of proceeding under this criterion necessarily includes whatever evidence 
the petitioner has submitted with regard to its past recruiting and hiring practices and employees 
who previously held the position in question. 
To satisfy this criterion, the record must contain documentary evidence demonstrating that the 
petitioner has a history of requiring the degree or degree equivalency, in a specific specialty, in its prior 
recruiting and hiring for the position. Additionally, 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 the performance requirements of the proffered position.12 
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 assertion of a particular degree requirement is not necessitated by the actual 
performance requirements of the proffered position, the position would not meet the statutory or 
regulatory definition of a specialty occupation. See section 214(i)(1) of the Act; 
8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
The director's June 9, 2014 RFE specifically requested the petitioner to document its past recruiting 
and hiring history with regard to the proffered position. The RFE includes the following specific 
requests for such documentation: 
If you have previously employed individuals in the position of Business Development 
Specialist, submit documentary evidence such as W -2 Forms and copies of degree 
and transcripts to verify: 
12 
Any such assertion would be undermined in this particular case by the fact that the petitioner indicated in 
the LCA that its proffered position is a comparatively low, entry-level position relative to others within the 
same occupation. 
(b)(6)
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• The number of individuals you have employed in this position in the past; 
• The level of education held by each individual; and 
• The field of study in which the degree was earned. 
Although the director provided the petitioner with the opportunity to establish a history of recruiting 
and hiring only individuals for this position with a bachelor's degree in a specific specialty, or the 
equivalent, the petitioner submitted no such evidence. 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), which requires a demonstration that it normally 
requires at least a bachelor's degree in a specific specialty or its equivalent for the position. 
As the evidence of record does not demonstrate that the petitioner normally requires at least a 
bachelor's degree in a specific specialty or its equivalent for the proffered position, it does not 
satisfy 8 C.F.R. § 214 .2(h)(4)(iii)(A)( 3). 
Next, we find that the evidence of record does not satisfy the criterion at 
8 C.F.R. § 214.2(h)( 4)(iii)(A)( 4), which requires the petitioner to establish that the nature of the 
proffered position's 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 the specific specialty or 
its equivalent. 
In reviewing the record of proceeding under this criterion, we reiterate our earlier discussion regarding 
the Handbook's entries for positions falling within the "M arket Research Analysts" occupational 
category. Again, the Handbook does not indicate that a bachelor's degree in a specific specialty, or 
the equivalent, is a standard, minimum requirement to perform the duties of such positions (to the 
contrary, it indicates precisely the opposite). With regard to the specific duties of the position 
proffered here, we find that the record of proceeding lacks sufficient, credible evidence establishing 
that they are so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a bachelor's degree in a specific specialty, or the equivalent. 
Finally, we find that both on its own terms and also in comparison with the three higher wage-levels 
that can be designated in an LCA, by submitting an LCA certified for a Level I wage, the petitioner 
effectively attests that the proposed duties are of relatively low complexity as compared to others 
within the same occupational category. This fact is materially inconsistent with the level of 
complexity required by this criterion. 
As earlier noted, the Prevailing Wage Determination Policy Guidance issued by the U.S. 
Department of Labor (DOL) states the following with regard to Level I wage rates: 
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 purposes. These 
(b)(6)
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Page 21 
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 [emphasis in original]. 
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_Revised_11 _2009.pdf (last visited Apr. 28, 2015). 
The pertinent guidance from DOL, at page 7 of its Prevailing Wage Determination Policy Guidance 
describes the next higher wage-level as follows: 
/d. 
Level II (qualified) wage rates are assigned to job offers for qualified employees 
who have attained, either through education or experience, a good understanding of 
the occupation. They perform moderately complex tasks that require limited 
judgment. An indicator that the job request warrants a wage determination at Level 
II would be a requirement for years of education and/or experience that are generally 
required as described in the O* NET Job Zones. 
The above descriptive summary indicates that even this higher-than-de signated wage level is 
appropriate for only "moderately complex tasks that require limited judgment." The fact that this 
higher-than-here-assigned, Level II wage-rate i�self indicates performance of only "moderately 
complex tasks that require limited judgment," is very telling with regard to the relatively low level 
of complexity imputed to the proffered position by virtue of the petitioner's Level I wage-rate 
designation. 
Further, we note the relatively low level of complexity that even this Level II wage-level reflects 
when compared with the two still-higher LCA wage levels, neither of which was designated on the 
LCA submitted to support this petition. 
The aforementioned Prevailing Wage Determination Policy Guidance describes the Level III wage 
designation as follows: 
Level III (experienced) wage rates are assigned to job offers for experienced 
employees who have a sound understanding of the occupation and have attained, 
either through education or experience, special skills or knowledge. They perform 
tasks that require exercising judgment and may coordinate the activities of other 
staff. They may have supervisory authority over those staff. A requirement for years 
of experience or educational degrees that are at the higher ranges indicated in the 
O* NET Job Zones would be indicators that a Level III wage should be considered. 
Frequently, key words in the job title can be used as indicators that an employer's job 
offer is for an experienced worker. ... 
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!d. 
The Prevailing Wage Determination Policy Guidance describes the Level IV wage designation as 
follows: 
!d. 
Level IV (fully competent) wage rates are assigned to job offers for competent 
employees who have sufficient experience in the occupation to plan and conduct 
work requiring judgment and the independent evaluation, selection, modification, 
and application of standard procedures and techniques. Such employees use 
advanced skills and diversified knowledge to solve unusual and complex problems. 
These employees receive only technical guidance and their work is reviewed only for 
application of sound judgment and effectiveness in meeting the establishment's 
procedures and expectations. They generally have management and/or supervisory 
responsibilities. 
Here we again incorporate our earlier discussion and analysis regarding the implications of the 
petitioner's submission of an LCA certified for the lowest assignable wage-level. As already noted, 
by virtue of this submission, the petitioner effectively attested to DOL that the proffered position is 
a low-level, entry position relative to others within the same occupation, and that, as clear by 
comparison with DOL's instructive comments about the next higher level (Level II), the proffered 
position did not even involve "moderately complex tasks that require limited judgment" (the level 
of complexity noted for the next higher wage-level, Level II). 
For all of these reasons, the evidence of record does not establish that the proposed duties meet the 
specialization and complexity threshold at 8 C.F.R. § 214.2(h)(4)(iii)(A)( 4) . 
As the evidence of record does not satisfy at least one of the criteria at 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A), it cannot be found that the proffered position is a specialty occupation. 
Accordingly, the appeal will be dismissed and the petition will be denied on this basis. 
V. CONCLUSION AND ORDER 
As set forth above, we agree with the director's findings that the evidence of record does not 
demonstrate that the proffered position qualifies for classification as a specialty occupation.13 
Accordingly, the director's decision will not be disturbed. 
13 As this issue precludes approval of the petition, we will not discuss any of the additional deficiencies we 
have observed on appeal in our de novo review of the record. However, if the petitioner is able to overcome 
the matters discussed in this decision the petitioner may not be approved prior to an exploration of the issues 
of whether: (1) the beneficiary is qualified to perform the duties of a specialty occupation; (2) the petitioner 
is offering a wage equal to or greater than that required by law; and (3) whether the LCA corresponds to and 
supports the H-lB petition. 
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In visa petition proceedings, it is the petitioner's burden to establish eligibil ity for the immi gration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 20 13). Here, that burden has not been met. 
ORDER: The appeal is dismissed. The petition is denied.