dismissed H-1B Case: Graphic Design

MATTER OF K-D-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 28, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a Filipino supermarket, seeks to temporarily employ the Beneficiary as a "graphic 
designer" under the H-1B nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(p), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both (a) the theoretical and practical application of a body of highly specialized knowledge and 
(b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a 
minimum prerequisite for entry into the position. 
The Director, California Service Center, denied the petition. The Director concluded that the Petitioner 
had not established the proffered position is a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits a brief and previously 
provided evidence and asserts that the Director erred when determining the proffered position is not a 
specialty occupation. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.P.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a 
non-exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
Matter of K-D-, Inc. 
(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. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-lB petition, the Petitioner stated that the Beneficiary will serve as its "graphic designer." In a 
letter submitted in support of the petition, the Petitioner provided the following job duties for the 
position: 
• Consult with management regarding the relevant business, targeted audience, 
products/services and message, in order to determine scope of graphic design and 
website development project; 
• Develop and discuss ideas for the look, tone and feel of a weekly ad project, trying 
to ensure that it is aesthetically pleasing and easily understood by the audience; 
• Initiate, develop and implement short and long-term plans for retrieval of 
information to and from the website and print ads to use in future materials, so that 
ads only require a slight re-design to be used in the future; 
• Produce creative and impactful marketing materials; 
• Create comprehensive designs that enhance our brand and drive revenue; 
• Assure that each graphic element meets the job appropriate specifications, including 
resolution, color palate, and optimizing for the web; 
• Support company's brand initiatives and maintain brand consistency; 
• Maintain website content and assist with improvements to the websites design and 
functionality; [] 
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• Keep up to date with the latest software and computer technology related to graphic 
design and website development[; and] 
• Create a weekly 15 second TV Sale commercial advertisement that is appealing to 
the viewers 
on the with appropriate colors and designs to 
attract customers. 
The Petitioner also asserted that the Beneficiary "will be responsible for the creation and administration 
of interactive website page for [the Petitioner]." The Petitioner allocated 60 percent of the Beneficiary's 
time to design and development and 40 percent to research. According to the Petitioner, the position 
requires, at a minimum, a bachelor's degree in graphic design or related field (or its equivalent). 
In the Petitioner's response to the Director's request for evidence (RFE), the Petitioner added additional 
duties to the above description. For example, in response to the Director's RFE, the Petitioner noted 
that the Beneficiary would "[ c ]oordinate with the marketing 
team to ensure that all print ads, online ads, 
hand bills and email blasts are free of clerical errors, and evaluate which submissions are worthy to 
publish, and which ones need to be revised," and "ensure[] that all current and new designs are created 
in machine readable instructions to maximize efficiency." 
On appeal, the Petitioner again revised the duties of the proffered position to now include: 
• Responsible for developing presentations, brochures, advertisements, catalogs, direct 
mail pieces, logos, packaging, web sites or other multimedia materials[.] 
• Prepare illustrations, draw and print charts and other artwork, using highly 
sophisticated software like Adobe Illustrator, Adobe Photoshop and InDesign. 
• Meet with printers to discuss projects and printing needs. 
• Create and/or design graphic sample layouts using design concepts. 
• Provide visual solutions to effectively communicate messages. 
• Create and develop new and unique ideas. 
• Modify, revise and edit projects or lily-outs. 
• Review sample layout with clients and make necessary changes if needed. 
• Finalize layout according to Flexographic printing critical specifications. 
• Mark up, assemble and review final layout and supervise printout quality. 
• Perform other related duties as assigned. 
The Petitioner now asserts that the Beneficiary will spend 75 percent of his time on its print 
advertisements, posters, pamphlets conceptualization and designs and 25 percent of his time on 
responsibilities related to production. 
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. 
Specifically, the record (1) does not describe the position ' s duties with sufficient detail; and (2) does 
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Matter of K-D-, Inc. 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 1 
On the labor condition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Graphic Designers" corresponding 
to the Standard Occupational Classification code 27-1024.2 
The Petitioner's initial description of the proffered position is broadly stated and does not include 
sufficient detail to determine that the Beneficiary will be performing the duties of a graphic designer. 
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. Upon review of the Handbook and the Petitioner's descriptions of duties, the 
Petitioner has identified duties that fall within the parameters of several different occupations. For 
example, in the first two iterations of the Petitioner's description of duties, the Petitioner asserted that 
the Beneficiary would work on a website development project, maintain website content, and keep up to 
date with the latest software and computer technology related to website development.3 We note here, 
however, that according to the Handbook, positions within the occupational category of a website 
developer position do not require a bachelor's degree. See http://www.bls.gov/ooh/computer-and­
information-technology/web-developers.htm#tab-4 (last visited Oct. 27, 20 16). 
The Petitioner also indicated in the first two versions of the Beneficiary's duties that he would "[c]reate 
a weekly 15 second TV Sale commercial advertisement that is appealing to the viewers on the 
with appropriate colors and designs to attract customers." The Petitioner does not 
provide other information regarding the nature of the 15-second commercial and the Beneficiary' s 
1 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. 
2 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider this selection in our analysis of the position . The "Prevailing Wage Determination Policy Guidance" issued by 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation . This wage rate indicates : (I) that 
the Beneficiary will be expected to perform routine tasks that require limited, if any, exercise of judgment ; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy ; and (3) that he will receive 
specific instructions on required tasks and expected results . U.S. Dep't of Labor , Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric . Immigration Programs (rev. Nov. 2009), available at 
http://tlcdatacenter.com /download/NPWHC _ Guidance_Revised_ll_ 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. 
3 The Petitioner deletes these duties in its description of the position on appeal but offers no explanation for deleting 
duties and otherwise revising the description of duties on appeal. "[I]t is incumbent upon the petitioner to resolve the 
inconsistencies by independent objective evidence ." Matter of Ho, I 9 I&N Dec. 582, 591 (BIA I 988). Any attempt to 
explain or reconcile such inconsistencies will not suffice unless the petitioner submits competent objective evidence 
. pointing to where the truth lies. !d. at 591-92 . 
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Matter of K-D-, Inc. 
actual tasks in creating the commercial. Accordingly, as the Beneficiary's involvement is not clear, we 
cannot ascertain what occupation amongst several different occupations such as producer, art director, 
publisher, or designer this duty might fall. Moreover, the Petitioner deletes this duty in its description 
of duties offered on appeal. 
Upon review of the Petitioner's version of the Beneficiary's duties on appeal, these broadly stated duties 
fall generally within the parameters of a desktop publisher position. For example, creating/designing 
sample layouts and modifying, revising, editing projects or layouts are the duties of a desktop 
publisher, not of a graphic designer position. Additionally, other duties are so generally described 
that we cannot ascertain what specific tasks the Petitioner expects of the Beneficiary. For example, 
providing visual solutions to communicate messages and creating and developing new ideas, and 
using specific computer software may include tasks related to the duties of a graphic designer or of a 
desktop publisher. Further, we have reviewed the work sample submitted with the petition to 
demonstrate the expectations for the proffered position. The sample advertisement is a flyer with 
photos of various grocery items and prices of those items. There is no indication of who created this 
flyer and how it was created, whether from scratch or with the use of a template. There is 
insufficient evidence to establish that this work sample is the work of a graphic designer and not of a 
desktop publisher. When viewed within the context of the Petitioner's operations, it appears that the 
vaguely described duties fall within the occupation of a desktop publisher and not of a graphic 
designer.\ 
Finally, we observe that the Petitioner has also re-stated the allocation of the Beneficiary's time spent in 
the proffered position. The Petitioner first stated that the Beneficiary would spend 60% of his time on 
"Design & Development" and 40% on "Research." On appeal, the Petitioner now states that the 
Beneficiary will spend 75% of his time on "[the Petitioner's] print advertisements, posters, pamphlets 
conceptualization and designs" and 25% of his time on "other responsibilities related to the production 
of [the Petitioner's] various requirements (such as dealing with securing [the Petitioner's] approval of 
job requirements/designs, with printers, and other suppliers as well as making sure that the posters are 
properly displayed[)]." As the allocation of the Beneficiary's time is inconsistent and more 
significantly does not relate to specific tasks, we cannot properly assess how much time the Petitioner 
expects the Beneficiary to devote to particular duties. 
Upon review, the record does not provide sufficient consistent detail regarding the Beneficiary's actual 
duties such that we can conclude that the proffered position in this matter is a specialty 
occupation-level graphic designer. Upon review of the various iterations of the duties of the 
proffered position, the lack of detail regarding the actual tasks expected of the Beneficiary, and the 
inconsistent and insufficient information regarding the allocation of the Beneficiary's time to 
specific duties, the Petitioner has not established the substantive nature of the work to be performed 
by the Beneficiary. This lack of probative evidence therefore precludes a finding that the proffered 
position satisfies any criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A), because it is the substantive nature of 
that work that determines (1) the normal minimum educational requirement for entry into the particular 
position, which is the focus of criterion 1; (2) industry positions which are parallel to the proffered 
position and thus appropriate for review for a common degree requirement, under the first alternate 
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Matter of K-D-, Inc. 
prong of criterion 2; (3) the level of complexity or uniqueness of the proffered position, which is the 
focus of the second alternate prong of criterion 2; ( 4) the factual justification for a petitioner normally 
requiring a degree or its equivalent, when that is an issue under criterion 3; and (5) the degree of 
specialization and complexity of the specific duties, which is the focus of criterion 4. 
Accordingly, as the Petitioner has not established that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A), it cannot be found that the proffered position qualifies for classification as a 
specialty occupation. The appeal will be dismissed and the petition denied for this reason. 
Upon review of the description of duties, the work sample provided, and the Petitioner's operations, it is 
more likely than not that the proffered position falls within the parameters of a desktop publisher 
occupation. Even assuming for the sake of argument that the proffered duties as described by the 
Petitioner are the duties of a desktop publisher, we will analyze them and the evidence of record to 
determine whether the proffered position as described would qualify for classification as a specialty 
occupation. To that end and to make our determination as to whether the employment described 
above qualifies as a specialty occupation, we turn to the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 4 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), which requires that a baccalaureate or 
higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for entry 
into the particular position. To inform this inquiry, we recognize the Handbook as an authoritative 
source on the occupations that it addresses.5 The Handbook states the following about the duties of 
desktop publishers: 
Desktop publishers use computer software to design page layouts for newspapers, 
books, brochures, and other items that are printed or put online. 
Duties 
Desktop publishers typically do the following: 
• Review text, graphics, or other materials created by writers and designers 
• Edit graphics, such as photographs or illustrations 
• Import text and graphics into publishing software 
• Integrate images and text to create cohesive pages 
• Adjust text properties, such as size, column width, and spacing 
• Revise layouts and make corrections as necessary 
4 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
5 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 of K-D-, Inc. 
• Submit or upload final files for printing or online publishing 
Desktop publishers use publishing software to create page layouts for print or 
electronic publication. They may edittext by correcting its spelling, punctuation, and 
grammar. 
Desktop publishers often work with other design, media, or marketing workers, 
including writers, editors, and graphic designers. For example, they work with 
graphic designers to come up with images that complement the text and fit the 
available space. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Desktop Publishers ," http://www. bls. gov I oohl office-and-administrative-support/ desktop­
publishers.htm#tab-2 (last visited Oct. 27, 2016). 
As noted above, several of the duties listed by the Petitioner are more similar to desktop publishers than 
graphic designers.6 For example, the Petitioner provided the following desktop publisher duties: 
"Create and/or design graphic sample layouts using design concepts," "Modify, revise and edit projects 
or lay-outs," "Review sample layout with clients and make necessary changes if needed," "Finalize 
layout according to Flexographic printing critical specifications," and "Mark up, assemble and review 
final layout and supervise printing quality." 
The Handbook subchapter on "How to Become a Desktop Publisher" states the following: 
Desktop publishers usually need an associate's degree, and they also receive 
short-term on-the-job training, lasting about 1 month. 
Education 
Desktop publishers usually need an associate's degree, often in graphic design, 
graphic arts, or graphic communications. Community colleges and technical schools 
6 We have reviewed the opinion letter authored by MV A, Professor Emeritus [sic] of Graphic Design, 
USCIS may, in its discretion , use as advisory opinions 
statements submitted as expert testimony. However, where an opinion is not in accord with other information or is in 
any way questionable, USCIS is not required to accept or may give less weight to that evidence. Matter of Caron Jnt 'I, 
19 I&N Dec. 791 (Comm ' r 1988). The content of the professor's letter does not demonstrate that his opinion is based 
upon sufficient information about the particular position at issue. First, does not identifY which description of 
tasks he reviewed and he generally paraphrases the Petitioner's initial description adding elements such as researching 
marketing and consumer trends. Second, he does not relate any personal observations of the Petitioner's operations or of 
the work that the Beneficiary would perform , nor does he state that he has reviewed any projects or work products 
related to the proffered position. For these reasons , we find that the opinion rendered by has little to no 
probative value. 
Matter of K-D-, Inc. 
offer desktop-publishing courses, which teach students how to create electronic page 
layouts and format text and graphics with the use of desktop-publishing software. 
Id., at http://www.bls.gov/oohloffice-and-administrativc-support/desktop-publishers.htm#tab-4 (last 
visited Oct. 27, 2016). 
The Handbook does not indicate that a desktop publisher position, as a category, qualifies for 
classification as a specialty occupation. More specifically, the above excerpt from the Handbook 
states that "[d]esktop publishers usually need an associate's degree, often in graphic design, graphic 
arts, or graphic communications." Id. The Handbook, therefore, does not support the proposition 
that a bachelor's degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry into the particular position. 
The Handbook does not support the proposition that the proffered position is one that normally 
requires a minimum of a bachelor's degree in a specific specialty, or the equivalent, to satisfy this 
first alternative criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A); therefore, it is incumbent upon the 
Petitioner to provide persuasive evidence that the proffered position otherwise qualifies as a 
specialty occupation under this criterion, notwithstanding the absence of Handbook support on the 
issue. In this matter, the Petitioner has not provided this evidence. 
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 focuses upon the 
common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
When determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "rqutinely employ and 
recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1.151, 1165 (D. Minn. 1999) 
(quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
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Matter of K-D-, Inc. 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative sources) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. Also, there are no submissions from the industry's 
professional association indicating that it has made a degree a minimum entry requirement. 
Furthermore, 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." 
Nor do the job vacancy announcements submitted by the Petitioner satisfy this prong, as it is not 
clear that any of the advertised positions could be considered "parallel" to the one proffered here. 
Additionally, while some of the advertising organizations appear to be in the retail industry, none of the 
advertisements provide sufficient information regarding the advertising organizations to establish that 
the advertising organizations are similar to the Petitioner. That is, the record does not demonstrate that 
the advertising organizations are engaged in the supermarket industry and that they are similar in type, 
scope, and size to this Petitioner. 
Upon review, the evidence of record does not establish that a requirement of a bachelor's or higher 
degree in a specific specialty, or its equivalent, is common in parallel positions with organizations 
that are in the Petitioner's industry and otherwise similar to the Petitioner. The Petitioner has not, 
therefore, satisfied the criterion ofthe first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(41(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 record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. We again note that the 
Petitioner here has submitted different versions of the proposed duties that include broadly stated tasks 
that incorporate elements of different occupations. However, and more specifically, although the 
Petitioner claims that the proffered position's duties are so complex that a bachelor's degree is required, 
the Petitioner does not demonstrate how the duties 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, the Petitioner did not submit information relevant to a detailed course of study leading to a 
specialty degree and did not establish how such a curriculum is necessary to perform the duties it claims 
are so complex. While a few related courses may be beneficial in performing certain duties of the 
position, the Petitioner has not demonstrated how an established curriculum of such courses leading to a 
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Matter of K-D-, Inc. 
baccalaureate or higher degree in a specific specialty, or its equivalent, is required to perform the duties 
of the proffered position. 
We also note that on appeal, the Petitioner claims that the Beneficiary is well-qualified for the position , 
and references his qualifications. However, the test to establish a position as a specialty occupation is 
not the education or experience of a proposed beneficiary, but whether the position itself requires at 
least a bachelor 's degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently 
develop relative complexity or uniqueness as an aspect of the duties of the position, and it did not 
identify any tasks that are so complex or unique that only a specifically degreed individual could 
perform them. 
Upon review of the totality of the record, the record does not establish that this position is significantly 
different from other desktop publisher positions such that it refutes the Handbook's information to the 
effect that desktop publishers usually need only an associate's degree. See U.S. Dep't of Labor , 
Bureau of Labor Statistics , Occupational Outlook Handbook, 2016-17 ed., "Desktop Publishers ," 
http://www.bls.gov/oohloffice-and-administrative-support/desktop-publishers .htm#tab-4 (last visited 
Oct. 
27, 2016). 
In other words, the record lacks sufficiently detailed information to distinguish the proffered position as 
unique from or more complex than a desktop publisher or other closely related positions that can be 
performed by persons without at least a bachelor's degree in a specific specialty, or its equivalent. 
Consequently, as the Petitioner does not demonstrate how the proffered position is so complex or 
unique relative to other such 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 of8 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. The Petitioner 
does not claim and the record does not demonstrate that the Petitioner previously employed anyone in 
the proffered 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 specialized and complex and again 
refers to letter wherein he so opined. We incorporate our previous reference to 
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Matter of K-D-, Inc. 
opinion and note again that the record does not include a consistent description of the Beneficiary's 
proposed duties. 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). 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. 
IV. THE BENEFICIARY'S QUALIFICATIONS 
As the Petitioner did not demonstrate that the proffered position is a specialty occupation, we need not 
fully address other issues evident in the record. That said we wish to identify an additional issue to 
inform the Petitioner that this matter should be addressed in any future proceedings. 7 
Specifically, the record does not currently demonstrate that the Beneficiary's combined education and 
work experience is the equivalent of a U.S. bachelor's degree in a specific specialty. While the claimed 
equivalency is based in part on experience, the record does not establish (1) that the evaluator has 
authority to grant college-level credit for training and/or experience in the specialty at an accredited 
college or university with a program for granting such credit, or (2) that the Beneficiary's expertise in 
the specialty is recognized through progressively responsible positions directly related to the specialty. 
See 8 C.F.R. §§ 214.2(h)(4)(iii)(C)(4) and (D)(l). 
V. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of K-D-, Inc., ID# 10912 (AAO Oct. 28, 2016) 
7 In reviewing a matter de novo, we may identify additional issues not addressed below in the Director's decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), aff'd, 345 F.3d 683 (9th Cir. 
2003) ("The AAO may deny an application or petition on a ground not identified by the Service Center."). 
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