dismissed H-1B Case: Floral Design

MATTER OFF-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 29,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a 3-employee "florist I floral design" company, seeks to temporarily employ the 
Beneficiary as a community relations coordinator under the H-1 B nonimmigrant classification for 
specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 
8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-IB program allows a U.S. employer to temporarily employ 
a qualified foreign worker in a position that requires both (a) the theoretical and practical application 
of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, denied the petition. The Director concluded the Petitioner 
did not establish that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Dir~ctor erred in denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines, the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the ,occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(b)(6)
Matter ofF- , LLC 
(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. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Cherto,[f, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position''); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H -1 B petition , the Petitioner stated that the Beneficiary will serve as a "community relations 
coordinator. " In response to the RFE, the Petitioner provided the following job duties for the 
proffered position: 
Weeks 1-4 
40% of the time: Study the objectives, promotional policies and needs of our vendor 
floral shops in Bulgaria and its end customers to develop public relations strategies 
that will positively influence their 
opinions and promote our 
line. 
30% of the time: Confer with the shop management to identify key trends or key 
group interests or concerns or to provide advice on business decisions. 
30% of the time: Update and maintain content posted on the Web both in English and 
Bulgarian. 
Weeks 5-10: 
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Matter ofF-, LLC 
20% of the time: Establish and I or maintain cooperative relationships with 
representatives of the Bulgarian floral community, cbnsumer, employee, or public 
interest groups. 
30% of the time: Coach the Bulgarian floral shops' representatives in effective 
communication techniques with the customers in Bulgaria and how to promote 
line. 
20% of the time: Study the objectives, promotional policies and needs of our vendor 
floral shops in Bulgaria and its end customers to develop public relations strategies 
that will positively influence their opinions and promote our 
line. 
15% of the time: Plan and direct development or communication of programs to 
maintain favorable public perception of sending floral gifts to the USA. Writes, edits, 
designs, and directs production of publications as assigned, including floral gifts 
calendar, newsletters (print and electronic) and other informational pieces. 
10% of the time: Confer with the shop management to identify key trends or key 
group interests or concerns or to provide advice on business decisions. 
5% of the time: Update and maintain content posted on the Web both in English and 
Bulgarian. 
Week 11 and there on: 
65% of the time:. Plan and direct development or communication of programs to 
maintain favorable public perception of sending floral gifts to the USA. Assists in 
formulating and implementing a comprehensive communications/marketing plan 
utilizing a variety of communications techniques to reach targeted audiences; 
15% of the time: Establish and I or maintain cooperative relationships with 
representatives of the Bulgarian floral community, consumer, employee, or public 
interest groups. 
5% of the time: Coach the Bulgarian floral shops' representatives in effective 
communication techniques with the customers in Bulgaria and how to promote 
line. 
10% of the time: Study the objectives, promotional policies and needs of our vendor 
floral shops in Bulgaria and its end customers to develop public relations strategies 
that will positively influence their opinions and promote our 
line. 
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Matter ofF-, LLC 
5% of the time: Update and maintain content posted on the Web both in English and 
Bulgarian. 
On appeal, the Petitioner states that the minimum entry requirement for the proffered position is a 
bachelor's degree in business administration, marketing, international business, or a related field or 
equivalent. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
As a preliminary matter, the Petitioner's claim that a bachelor's degree in business administration, or 
a related field, is a sufficient minimum requirement for entry into the proffered position is 
inadequate to establish that the proposed position qualifies as a specialty occupation. On appeal, the 
Petitioner states that the proffered position requires a bachelor's degree in business administration, 
marketing, international business, or a related field or equivalent, and a professional-level of 
understanding of "statistics, economics, accounting, management, business law, management 
information systems, public relations, marketing, marketing research, international marketing, 
international business, strategic management, and business communications." However, the 
Petitioner initially stated that the proffered position only requires a bachelor's degree in international 
business or international business relations/marketing and knowledge of culture, language, political 
systems, geography, and socio-economic factors. 
Aside from the fact that the Petitioner has inconsistently reported its mm1mum education 
requirements for the proffered position, briefly referencing coursework in a particular subject is not 
sufficient to establish that the proffered position requires a bachelor's degree in a specific specialty. 
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, does not 
establish the position as a specialty occupation. C:f. Matter of Michael Hertz Assocs., 19 l&N Dec. 
558, 560 (Comm'r 1988). 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 
The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
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Matter ofF-, LLC 
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.F.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 qualities for classification as a specialty occupation. 
Royal Siam Corp. v. Cherto,jf; 484 F.3d 139, 147 (1st Cir. 2007).3 
Again, the Petitioner in this matter 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. Without more, this assertion 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). 
A. First Criterion 
We tum first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.4 
3 Specifically, the judge explained in Royal Siam, 484 F.3d at 147, that: 
The courts and the agency consistently have stated that, although a general-purpose bachelor's degree, 
such as a business administration degree, may be a legitimate prerequisite for a particular position, 
requiring such a degree, without more, will not justify the granting of a petition for an H-I B specialty 
occupation visa. See, e.g., Tapis lnt'l v. INS, 94 F.Supp.2d I 72, 175-76 (D. Mass. 2000); Shanti, 36 F. 
Supp. 2d at I 164-66; cf Matter (Jj'Michael Hertz Assocs., 19 I & &N Dec. 558, 560 ([Comm'r] 1988) 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
4 All of our references are to, the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USC IS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
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Matter ofF-, LLC 
On the labor condition application (LCA)5 submitted in support of the H-IB petition, the Petitioner 
designated the proffered position under the occupational category "Public Relations Specialists" 
corresponding to the Standard Occupational Classification code 27-3031.6 
i 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
Public relations specialists typically need a bachelor's degree. Employers prefer 
candidates who have studied public relations, journalism, communications, English, 
or business. 
Education 
Public relations specialists typically need a bachelor's degree in public relations, 
journalism, communications, English, or business. Through such programs, students 
produce a portfolio of work that demonstrates their ability to prospective employers. 
Training 
Entry-level workers typically begin by maintammg files of material about an 
organization's activities, skimming and retaining relevant media articles, and 
assembling information for speeches and pamphlets. After gaining experience, public 
relations specialists begin to write news releases, speeches, articles for publication, or 
carry out public relations programs. 
Other Experience 
Internships at public relations firms or in the public relations departments of other 
businesses can be helpful in getting a job as a public relations specialist. 
5 The Petitioner is required to submit a certified LCA to USC IS to demonstrate that it will pay an H-1 B worker the 
higher of either the prevailing wage for the occupational classification in the "area of employment" or the actual wage 
paid by the employer to other employees with similar experience and qualifications who are performing the same 
services. See Matter ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 2015). 
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The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance'' issued by 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that 
the Beneficiary will be expected to pe~form routine tasks that require limited, if any, exercise of judgment; (2) that she 
will be closely supervised and her work closely monitored and reviewed for accuracy; and (3) that she will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http:/!flcdatacenter.com/download/NPWHC _Guidance_ Revised _II_ 2009.pdf A prevailing wage determination starts 
with an entry-level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. !d. 
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Matter ofF-, LLC 
Some employers prefer candidates that have experience communicating with others 
through a school newspaper or a leadership position in school or in their community. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Public Relations Specialists, https://www.bls.gov/ooh/media-and-communication/public-relations­
specia1ists.htm#tab-4 (last visited Dec. 15, 2016). 
When reviewing the Handbook, we note that the Petitioner designated the proffered position under 
this occupational category at a Level I on the LCA. Based upon the Petitioner's designation of the 
proffered position as a Level I position (relative to others with the occupation) it does not appear that 
the Beneficiary will serve in a senior or leadership role or in a position that performs more technical 
research that requires a master's degree. 
The Handbook reports that public relations specialists have degrees and backgrounds in il 
wide-variety of disparate fields. That is, the Handbook states that employees typically need a 
bachelor's degree in public relations, journalism, communications, English, or business. Therefore, 
although the Handbook indicates that public relations specialists typically need an advanced degree, 
it also indicates that degrees and backgrounds in various fields are acceptable for jobs in this 
occupation- including public relations, journalism, communications, English, or business. 
A minimum entry requirement of a degree in disparate fields, such as public relations and English, 
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)(l )(B) of the 
Act (emphasis added). 
The Handbook also states that a bachelor's degree in "business" is acceptable for this position. 
Again, while a general-purpose bachelor's degree, such as a degree in business, 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. Cherto.ff, 484 F .3d at 14 7. 
That is, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree 
in a specific specialty (or its equivalent) that is directly related to the proposed position. Since there 
must be a close correlation between the required specialized studies and the position, the 
requirement of a degree with a generalized title, such as business, without further specification, does 
not establish the position as a specialty occupation. C.-,f Matter of Michael Hertz Assocs., 19 I&N 
Dec. 558 (Comm'r 1988). Therefore, the Handbook's recognition that a general, non-specialty 
"background" in business is sufficient for entry into the occupation strongly suggests that a 
bachelor's degree in a spec(fic specialty is not normally the minimum entry requirement for this 
occupation. 
Matter ofF-, LLC 
In response to the RFE, and again on appeal, the Petitioner referred to the Occupational Information 
Network (O*NET) OnLine Summary Report for the "Public Relations Specialists" occupational 
category. In this matter, O*NET does not establish that the proffered position qualifies as a specialty 
occupation. In general, O*NET is not particularly useful in determining whether a baccalaureate 
degree in a specific specialty, or its equivalent, is a standard entry requirement for a given position, 
as O*NET Job Zone designations make no mention of the specific field of study from which a 
degree must come. Furthermore, the Specialized Vocational Preparation (SVP) ratings, which are 
cited within O*NET's Job Zone designations, are meant to indicate only the total number of years of 
vocational preparation required for a particular position. The SVP ratings do not describe how those 
years are to be divided among training, formal education, and experience and it does not specify the 
particular type of degree, if any, that a position would require. Therefore, O*NET also does not 
establish that the proffered position qualifies as a specialty occupation. 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
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 h£s made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999)(quotingHird/BlakerCorp. v. Sava, 712F. Supp.1095, 1102(S.D.N.Y.1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) reports an industry-wide requirement 
r 
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. In the instant matter, the Petitioner did not submit any 
letters or affidavits from similar firms or individuals in the Petitioner's industry attesting that such firms 
"routinely employ and recruit only degreed individuals." 
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Matter ofF- , LLC 
The Petitioner does not submit probative evidence that demonstrates the degree requirement is common 
to the industry in parallel positions among similar organizations. Therefore, the Petitioner has not 
satisfied the criterion of the first alternative prong of 8 CF.R. § 214.2(h)( 4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other positions in the "Public Relations Specialists " occupational category that 
can be performed by persons without at least a bachelor's degree in a specific special~y , or its 
equivalent. 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position, as described, necessitates the theoretical and 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather, 
we find, that, as reflected in this decision's earlier quotation of duty descripti~ns from the record of 
proceeding , the evidence of record does not distinguish the proffered position from other positions 
falling within the "Public Relations Specialists " occupational category, which, the Handb ook 
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. 
To begin with, the Petitioner claims that the position involves "developing business relationships and 
building [a] vendor network of floral shops in Bulgaria," in addition to promoting its 
and collecting and processing orders for its customers in Bulgaria who \Vant to send flowers 
to friends and relatives in the United States. However , the Petitioner does not demonstrate how the 
community relations coordinator's duties described require the theoretical and practical application 
of a body of highly specialized knowledge such that a bachelor 's or higher degree in a specific 
specialty, or its equivalent , is required to perform them. 
For instance, here, the Petitioner stated that the proffered position requires a bachelor ' s degree in 
business administration, marketing, international business, or a related field or equivalent. On 
appeal, the Petitioner identified specific coursework in various subjects, including statistics, 
economics, accounting, management, business law, management information systems, public 
relations, marketing , marketing research, international 
marketing, international business, strategic 
management , and business communication as providing the Beneficiary with the "theoretical 
knowledge " to carry out her duties as its community relations coordinator. While these courses may 
be beneficial, or even essential, in performing certain duties of a community relations coordinator 
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Matter of F-. LLC 
position, the Petitioner has not demonstrated how an established curriculum of such courses leading 
to a baccalaureate or higher degree in a specific specialty, or its equivalent, is required to perform 
the duties of the proffered position. 
Furthermore, in response to the RFE, the Petitioner submitted an expert opinion 
evaluation authored 
by Professor and Chairperson at the Department of at 
stated that he reviewed 
documents from the Petitioner about the position, job duties, and requirements, and offers his 
opinion of the academic requirements necessary to perform those duties. 
opined that "the description of duties clearly shows that the knowledge necessary to 
perform the position ... is so complex and specialized that the proffered position qualifies as a 
speciahy occupation requiring at least a bachelor's degree in business administration, marketing, 
international business, or a related field or equivalent." He further opined that "general knowledge 
of business or marketing alone is not sufficient for the holder of the position ... at [the Petitioner] to 
competently meet with function position requirements" and stated that "only an individual holding 
at least a bachelor's degree in business administration, marketing, international business, or a related 
field or equivalent" possesses the theoretical and applied knowledge necessary to perform the duties 
of the proffered position. also stated that it is a business necessity "for firms of the size 
of [the Petitioner] to recruit specialty-level expertise in business administration, public relations, 
marketing, advertising, marketing research, and international business" and that the small size of the 
Petitioner makes it even more important for the community relations coordinator to have a 
bachelor's degree in business, administration, marketing, international business, or a related field or 
equivalent. provided insight to some of the listed duties and the educational 
requirements, found within the bachelor's degree curriculum for the degrees mentioned, as skills 
required in the theoretical and practical application of an advanced highly specialized body of 
knowledge. However, evaluation does not discuss the Petitioner's designation of this 
position as requiring only a Levell wage. Additionally, does not explain or distinguish 
the duties of the proffered position from the Handbook's report on public relations specialists. For 
these reasons, we do not find the opinion sufficient to support the Petitioner's assertion that the 
proffered position requires a bachelor's degree in a specific specialty, or its equivalent, and thus 
qualifies as a specialty occupation. We may, in our discretion, use opinion statements submitted by 
the Petitioner as advisory. Matter of Caron Int'l, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). 
However, where an opinion is not in accord with other information or is in any way questionable, we 
are not required to accept or may give less weight to that evidence. ld. 
We again note that the Petitioner has designated the proffered position as requiring only a Level I 
wage, that requires only a basic understanding of the occupation} Given the Handbook's indication 
7 The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
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Matter ofF-, LLC 
that public relations specialist positions do not normally 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 Thus, the record lacks sufficiently detailed information to distinguish the proffered 
position as unique from or more complex than positions that can be performed by persons without at 
least a bachelor's degree in a specific specialty or its equivalent Consequently, as the Petitioner 
does not demonstrate how the proffered position is so complex or unique relative to other 
community relations coordinator positions that do not require at least a baccalaureate degree in a 
specific specialty or its equivalent for entry into the occupation in the United States, it cannot be 
concluded that the Petitioner has satisfied the second alternative prong of 8 C,F.R. 
§ 214.2(h)(4)(iii)(A)(2) 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)( 4 )(iii)( A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
Here, the Petitioner does not submit any evidence of previous or current employees in the same 
position as the Beneficiary's proffered position. In fact, the Petitioner specifically stated that it has 
not previously employed anyone in the proffered position. As such, the Petitioner does not submit 
probative evidence that demonstrates the academic qualifications of individuals previously or 
currently employed in a similar community relations coordinator position. Therefore, the Petitioner 
has not satisfied the criterion at 8 C,F.R. § 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner asserts that the job duties of the proffered position are spe~.ialized and complex. We refer 
to our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level I wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties for the 
proffered position, including the Petitioner's expanded version of the description submitted in response 
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 consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of section 214(i)( 1) of the Act. 
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Matter ~~ F-, LLC 
to the RFE, along with the expert opinion evaluation authored by While we 
understand that the Beneficiary may need technical knowledge in order to perform these duties, the 
Petitioner has not sufficiently explained how these duties require the theoretical and practical 
application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher 
degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the 
United States. Upon review of the totality of the record, the record does not include probative evidence 
that the duties require more than technical proficiency in the public relations field. The Petitioner has 
not demonstrated in the record that its proffered position is one with duties sufficiently specialized and 
complex to satisfy"8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
As discussed above, the Petitioner has not demonstrated that the proffered position qualifies as a 
specialty occupation. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende , 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofF- , LLC, ID# 241023 (AAO Dec . 29, 20 16) 
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