dismissed H-1B Case: Health And Wellness

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-H- LTD. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 19,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a health and wellness spa with 10 employees, seeks to temporarily employ the 
Beneficiary as a spa health care manager under the H -1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-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, 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 asserts that the Director erred in 
denying the petition. 
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.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: 
Matter of P-H- Ltd. 
(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. j'vfeissner, 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 "Spa Healthcare 
Manager." In response to the Director's request for evidence (RFE), the Petitioner provided the 
following job duties for the position: 
• Plan and coordinate all daily operations, including holistic healthcare treatments and 
spa and recreation activities. 
• Identifying needs of clients, recommending appropriate therapies, and organizing 
client appointments with therapists. 
• Effectively administer and monitor staff and client schooling procedures to deliver 
quality health care. and spa procedures for over 300 clients and yoga participants 
every month. 
• Ensuring efficient delivery of holistic treatments. 
• Promoting the spa's naturopathic/holistic health education services. 
The above duties will comprise about 40% of [the Beneficiary 's}time. 
• Generating daily/monthly accounts and financial reports. 
• Managing inventory and purchasing standards. 
• Ensuring compliance and maintenance of equipment in good working order. 
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Matter of P-H- Ltd. 
• Ensuring the company is meeting compliance standards for state licensing and health 
and fire department certification. 
The above duties comprise about I 5% of [the Beneficiary 'sj time. 
• Developing the spa's marketing strategy and creating ongoing promotional activities 
that can stimulate clientele influx. 
• Maintaining a strong menu of services with both exceptional artistic and aesthetic 
value. 
The above duties comprise about I 5% of [the Beneficiary's} time. 
• Administering staff and client scheduling for maximum revenue generation and 
profitability and financial planning. 
• Identifying trends, measuring productivity, and monitoring progress. 
• Anticipating, identifying, and ensuring customer needs are satisfied in the best 
possible way and monitoring delivery of competitive, value-plus services to the 
customer. 
The above duties comprise about I 5% of [the Bene,ficiary 's} time. 
• Recruiting staff, including naturopathic/holistic health professionals, and performing 
staff evaluation to ensure professional workforce for the company's growth. 
• Maintaining an up-to-date version of the spa procedure manual, ensuring compliance, 
and organizing staff meetings. 
The above duties comprise about 15% of [the Beneficiary's] time. 
According to the P,etitioner, the position requires a bachelor's degree in healthcare administration or 
a related field. 
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 
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. Although we may not discuss every document submitted, we have reviewed and 
considered each one. 
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Matter of P-H- Ltd. 
A. First Criterion 
The first criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l) 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. D.epartment 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? 
On the labor condition application (LCA) submitted in support of the H -1 B petition, the Petitioner 
designated the proffered position under the occupational category "Medical and Health Services 
Managers" corresponding to the Standard Occupational Classification code 11-9111.4 The 
Handbook states the following about the educational requirements of such positions: 
How to Become a Medical or Health Services Manager 
Most medical and health services managers have at least a bachelor's degree before 
entering the field. However, master's degrees also are common and sometimes 
preferred by employers. Educational requirements vary by facility. 
Education 
Medical and health services managers typically need at least a bachelor's degree to 
enter the occupation. However, master's degrees are common and sometimes 
preferred by employers. Graduate programs often last between 2 and 3 years and may 
include up to 1 year of supervised administrative experience in a hospital or 
healthcare consulting setting. 
/ 
Prospective medical anq health services managers typically should have a degree in 
health administration, health management, nursing, public health administration, or 
business administration. Degrees that focus on both management and healthcare 
combine business-related courses with courses in medical terminology, hospital 
organization, and health information systems. For example, a degree in health 
administration or health information management often includes courses in health 
3 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We· do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfY the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
4 The Petitioner has designated the proffered position as a Level II position on the submitted Labor Condition 
Application (LCA), indicating that it is a position for an employee who has a good understanding of the occupation but 
who will only perform moderately complex tasks that require limited judgment. See U.S. Dep't of Labor, Emp't & 
Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), 
available at http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _11_2009.pdf 
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Matter of P-H- Ltd 
services management, accounting and budgeting, human resources administration, 
strategic planning, law and ethics, health economics, and health information systems. 
Id. at http://www.bls.gov/ooh/management/medical-and-health:.services-managers.htm#tab-4 (last 
visited Jan. 17, 2016). 
Although the Handbook indicates that medical and health services managers "typically need at least 
a bachelor's degree to enter the occupation" and that master's degrees are "common and sometimes 
preferred," the Handbook does not specify any particular field of study the bachelor's degree must 
be in. It states that the requirements for these positions vary by tacility and that degrees in various 
fields are acceptable for jobs in this occupation (e.g., health administration, health management, 
nursing, public health administration, or business administration). Accordingly, the Handbook does 
not support the proposition that a bachelor's degree in a specific discipline is the minimum 
requirement necessary to enter into the occupation. Rather, it indicates only that a bachelor's degree, 
without any particular specialty, is the typical entry requirement. However, the requirement of a 
bachelor's degree, without further specification, is inadequate to establish that a position qualifies as 
a specialty occupation. 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. Again, 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. See Royal Siam Corp., supra, 484 F.3d at 147. 
The Handbook also states that a degree in business administration is sufficient for medical and 
health services manager jobs. 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. !d. 5 
5 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
!d. 
[t]he 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-1 B specialty occupation visa. See. e.g., Tapis Int 'I v. INS, 94 F.Supp.2d 
172, 175-76 (D.Mass.2000); Shanti, 36 F. Supp.2d at 1164-66; c:f Matter of 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. 
5 
Matter of P-H- L,td. 
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. 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 lv!ichael Hertz Associates, 19 I&N 
Dec. 558. Therefore, the Handbook's recognition that a general, non-specialty degree in business 
administration is sufficient for entry into the occupation strongly suggests that a bachelor's degree in 
a specific specialty is not normally the minimum entry requirement for this occupation. 
The Handbook further reports that professional certification is available within the medical and 
health services management profession. The Handbook notes that the Professional Association of 
Health Care Office Management (P AHCOM) provides certification in medical management, that the 
American Health Information Management Association (AHIMA) offers health information 
management certification, and that the American College of Health Care Administrators (ACHCA) 
provides the Certified Assisted Living Administrator aDd Certified Nursing Home Administrator 
distinctions. 
We reviewed the PAHCOM website regarding its requirements for professional certification. 6 The 
PAHCOM website states that its Certified Medical Manager (CMM) and its Health Information 
Technology Certified Manager for Physician Practice (HITCM-PP) certifications are nationally 
recognized as the standards of excellence in physician office management. It further indicates that 
the programs provide recpgnition to office managers having the knowledge, skiJls, and experience 
necessary to successfully manage today's medical practices. The requirements for certification 
include: 
• A minimum of two years of experience in the health care field. Must be in support of 
patient care, as in a medical practice or other clinical environment; and 
• Twelve college credit hours in courses (1) pertinent to healthcare or business 
management for the CMM credential; or (2) pertinent to healthcare, business 
management, or information technology for the HITCM-PP credential. The 
educational credit requirement is reduced by one hour for each year experience above 
the two year minimum. " 
The PAHCOM website states that its credentialing program recognizes the qualifications and 
expertise of medical managers of physician practices. It specifically notes that the credential is not 
an entry level certification; but, rather, that the CMM designation is the most senior in the industry, 
requiring both experience and education. 
6 For additional information regarding PAHCOM and its credentialing programs, see the Professional Association of 
Health Care Office Management website at https://www.pahcom.com (last visited Jan. 17, 20 17). 
6 
Matter of P-H- Ltd. 
However, the P AHCOM website does not indicate that medical manager positions have any 
particular degree requirements for entry, nor does it indicate that these positions require a degree to 
be identified as qualified and possessing a level of expertise and competence. Instead, PAHCOM 
stresses the importance of professional experience, along with a few courses in healthcare, business 
management, and infmmation technology. 
We also reviewed the AHIMA website regarding its health information management certification. 7 
The AHIMA website states that it is the premier association of health information management 
(HIM) professionals worldwide. The website also states that AHIMA credentials are earned through 
a challenging program of examinations, education, and experience, and maintained through 
continuous review and education. 
The AHIMA website indicates that there are two types of HIM certifications: (1) Registered Health 
Information Administrator (RHIA) certification; and (2) Registered Health Information Technician 
(RHIT) certification. According to the website, RHIA applicants must meet one of the following 
eligibility requirements: 
• Successfully complete the academic requirements, at the baccalaureate level, of an 
HIM program accredited by the Commission on Accreditation for Health Informatics 
and Information Management Education (CAHIIM); or 
• Successfully complete the academic requirements, at the master's level, of an HIM 
program accredited by CAHIIM and following a specific set of criteria; or 
• Graduate from an HIM program approved by a foreign association with which 
AHIMA has a reciprocity agreement. 
In addition, RHIT applicants must meet one of the following requirements: 
• Successfully complete the academic requirements, at an associate's degree level, of 
an HIM program accredited by the [CAHIIM]; or 
• Graduate from an HIM program approved by a foreign association with which 
AHIMA has a reciprocity agreement. 
However, the AHIMA website does not indicate that at least a bachelor's degree in a specific 
specialty (or its equivalent) is required to work as a health information management professional or 
to be HIM certified. 
7 
For additional information regarding AHIMA and its certification program, see the American Health Information 
Management Association website at http://www.ahima.org/ (last visited Jan. 17, 2017). 
7 
Matter of P-H- Ltd. 
Finally, we reviewed the ACHCA website regarding the Certified Assisted Living Administrator and 
Certified Nursing Home Administrator distinctions. 8 According to ACHCA, its professional 
certification program identifies and honors administrators and managers who are performing at an 
advanced level of skill and knowledge. The website states that its professional certification program 
promotes quality in the profession and improves the public image of administrators, as well as 
allows experienced and practicing administrators to validate their knowledge, skill, and abilities. 
The ACHCA website indicates that there are a number of paths available to candidates seeking to 
fulfill the education and experience requirements for the Certified Assisted Living Administrator 
(CALA) distinction. These include possessing: (1) a high school diploma or General· Education 
Diploma (G.E.D.) along with 6 years of full-time experience as an assisted living 
administrator/manager in an assisted living environment; (2) an associate's degree along with 4 
years of full-time experience as an assisted living administrator/manager in an assisted living 
environment; or (3) a baccalaureate degree along with 2 years of full-time experience as an assisted 
living administrator/manager in an assisted living environment. Thus, the ACHCA website does not 
indicate that at least a bachelor's degree in a specific specialty (or its equivalent) is required to work 
as an assisted living administrator/manager- or for certification. 
Thus, the Handbook, PAHCOM; AHIMA, and ACHCA do not support the claim that the "Medical 
and Health Services Managers" occupational category is one for which normally the minimum 
requirement for entry. is a baccalaureate degree (or higher) in a specific specialty, or its 
equivalent. Even if the' "Medical and Health Services Managers" occupational category normally 
required a baccalaureate degree (or higher) in a specific specialty, to satisfy the first criterion, the 
Petitioner would still need to provide evidence to support a finding that the particular position 
proffered would normally have such a minimum, specialty degree requirement, or its equivalent. 
In response to the RFE, the Petitioner submitted a copy of the Occupational Information Network 
(O*NET) Online Summary Report for the "Medical and Health Services Managers" 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 Specific 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 does not establish 
that the proffered position qualifies as a specialty occupation. 
8 
For additional information regarding ACHCA and its certification programs, see the American College of Health Care 
Administrators website at http://www.achca.org/ (last visited Jan. 17, 20 17). 
8 
Matter of P-H- Ltd. 
Further, we find that, to the extent that they are described in the record of proceedings, the duties 
that the Petitioner ascribes to the proffered position indicate a need for a range of knowledge and 
abilities, such as coordinating daily operations, organizing client appointments, managing inventory, 
meeting compliance standards for state licensing, ensuring customer needs are satisfied, and similar 
duties, but do not establish any particular level of formal, postsecondary education leading to a 
bachelor's or higher degree in a specific specialty as minimally necessary to attain such knowledge. 
The duties and requirements of the position as described in the record of proceeding do not indicate 
that this particular position proffered by the Petitioner is one for which a baccalaureate or higher 
degree in a specific specialty, or its equivalent, is normally the minimum requirement for entry. 
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 the 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 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 de greed individuals." See Shanti. Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999)(quotingHird!BlakerCmp. v. Sava, 712F. Supp. 1095, 1102(S.D.N.Y.1989)). 
Here, as previously 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. 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 de greed individuals." The Petitioner also did not provide any 
objective evidence to establish that a bachelor's degree in a specific specialty is required for similar 
medical and health services manager positions in its industry. A petitioner's unsupported statements 
are of very limited weight and normally will be insufficient to carry its burden of proof, particularly 
9 
Matter of P-H- Ltd. 
when supporting documentary evidence would reasonably be available. See 1\fatter of Soffici, 22 
I&N Dec. 158, 165 (Comm'r 1998) (citing Matter of Treasure Craft of Cal., 14 I&N Dec. 190 
(Reg'l Comm'r 1972)); see also }.;fatter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). The 
Petitioner must support tts assertions with relevant, probative, and credible evidence. See }.fatter of 
Chawathe, 25 I&N Dec. at 376. 
For these reasons, the Petitioner has not satisfied the criterion of the first alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other healthcare manager positions that can be performed by persons without at 
least a bachelor's degree in a specific specialty, 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 descriptions from the record of proceeding, the evidence of 
record does not distinguish the proffered position from other positions falling within the "Medical 
and Health Services Managers" 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 th~se positions. 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do that 
qualifies as unique or complex relative to other healthcare managers similarly placed in the industry. 
That is, while the Petitioner claims that the position involves focusing on "plan[ning] and 
coordinating all daily operations," "organizing client appointments," "managing inventory," 
"meeting compliance standards for state licensing," and "ensuring [that] customer needs are 
satisfied," the Petitioner does not demonstrate how the spa healthcare manager's 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. ' 
This is further evidenced by the LCA submitted by the Petitioner indicating that, relative to other 
positions located within the "Medical and Health Services Managers" occupational category, the 
Beneficiary would perform only moderately complex tasks that require limited judgment. Without 
further evidence, the evidence does not demonstrate that the proffered position is complex or unique 
as such a position falling under this occupational category would likely be classified at a higher-
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Matter of P-H- Ltd. 
level, such as a Level III (experienced) or Level IV (fully competent) position, reqmrmg a 
significantly higher prevailing wage.9 For example, a Level IV (fully competent) position is 
designated by DOL for employees who "use advanced skills and diversified knowledge to solve 
unusual and complex problems." The evidence of record does not establish that this position is 
significantly different from other positions in the occupational category such that it refutes the 
Handbook's information that a bachelor's degree in a specific specialty, or its equivalent, is not 
required for the proffered position. 
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. 
Accordingly, the Petitioner has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) requires an employer to demonstrate that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
Here, the Petitioner states that it has "always required" its spa healthcare managers to hold at least a 
bachelor's degree in healthcare administration or a related tield. The Petitioner asserts that it 
previously employed a spa healthcare manager from December 2008 to February 2009, noting that 
he held a master's degree in health administration and a bachelor's degree in naturopathy. 
First, to satisfy this criterion, the record must establish that the specific performance requirements of \ 
the position generated the recruiting and hiring history. A petitioner's reference to the Beneficiary's 
particular education \Vill not mask the fact that the position is not a specialty OCCupation. USCIS 
must examine the actual employment requirements and, on the basis of that examination, determine 
whether the position qualifies as a specialty occupation. See generally Defensor, supra, 201 F.3d at 
384: In this pursuit, the critical element is not the title of the position, or the fact that an employer 
has routinely insisted on certain educational standards, but whether performance of the position 
9 The issue here is that the Petitioner's designation of this position as a Level II 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 II 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 
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 woul9 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)( I) of the Act. 
11 
(b)(6)
Matter of P-H- Ltd. 
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, or its equivalent, as 
the minimum for entry into the occupation as required by section 214(i)( 1) of the Act. According to 
the Court in Defensor, "To interpret the regulations any other way would lead to an absurd result" 
ld. at 388. If USCIS were constrained to recognize a specialty occupation merely because the 
petitioner has an established practice of demanding certain educational requirements for the 
proffered position - and without consideration of how a beneficiary is to be specifically employed -
then any beneficiary with a bachelor's degree in a specific specialty could be brought into the United 
States to perform non-specialty occupations, so long as the employer required all such employees to 
have baccalaureate or higher degrees. See id. 
Regardless, even if we are to accept that the Petitioner's employment of another spa healthcare 
manager for a few months is sufficient to demonstrate that it has "always required" a minimum of a 
bachelor's degree in healthcare administration for the proffered position, it has not submitted 
sufficient evidence to substantiate the employment of this former manager and his educational 
credentials. For instance, the Petitioner states that the former spa healthcare manager 's former 
diplomas are "unavailable ," but provides no explanation for why this is the case. In lieu of 
documentary evidence of this former __ }pa healthcare manager's employment and his educational 
credentials, the Petitioner provides copies of his page -stating that he has a master's 
degree in health administration and that he was employed with the Petitioner as a "health spa 
manager" for 3 months. However, this social media post only reflects the assertions of this 
employee, without any substantiating documentation. The Petitioner submits no other supporting 
documentation, such as its advertisements for the spa healthcare manager position or other 
personnel-related documentation to corroborate the fonner spa healthcare manager's employment. 
Again, a petitioner 's unsupported statements are of very limited weight and normally will be 
insufficient to carry its burden of proof, particularly when supporting documentary evidence would 
reasonably be available. See Jvfatter ofSoffici, 22 I&N Dec. at 158, 165 (quoting }vfatter o_fTreasure 
Craft o_Y Cal., at 14 I&N Dec. 190; see also Matter o_f Chawathe, 25 I&N Dec. at 369, 376. The 
Petitioner must support its assertions with relevant, probative, and credible evidence. See Matt er o_l 
Chawathe, 25 I&N Dec. at 376. 
As the Petitioner does not submit probative evidence that demonstrates the academic qualifications 
of individuals previously or currently employed in the proffered spa healthcare manager position , the 
Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 10 
10 Although a petitioner may believe or otherwise assert that a proffered position requires a degree in a specific 
specialty, that opinion alone without corroborating evidence cannot establish the position as a specialty 
occupation. Were USCIS limited solely to reviewing a petitioner's claimed self-imposed requirements, then any 
individual with a bachelor's degree could be brought to the United States to perform any occupation as long as the 
employer artificially created a token degree requirement , whereby all individuals employed in a particular position 
possessed a baccalaureate or higher degree in the specific specialty , or its equivalent. See Def ensor, supra, 20 I F. 3d at 
387. In other words, if a petitioner 's degree requirement is only symbolic and the proffered position does not in fact 
require such a specialty degree, or its equivalent , to perform its duties, the occupation would not meet the statutory or 
regulatory definition · of a specialty occupation. See section 214(iX l) of the Act; 8 C.F .R. §214.2(h)( 4)(ii) (defining the 
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A1atter of P-H- Ltd. 
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. 
In its appeal, the Petitioner asserts that the position requires the theoretical and practical application 
of a body of highly specialized knowledge usually associated with the attainment of a baccalaureate 
or higher degree in a specific specialty, or its equivalent. The Petitioner references its use of 
naturopathy and holistic medicine to promote overall wellness in its clients. 
However, for similar reasons we discussed under the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2), we find that the record does not sufficiently develop relative specialization 
or complexity as an aspect of the proffered position. 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 II 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 descriptions submitted in response to the Director's RFE. While we understand 
that the Beneficiary may have knowledge of certain naturopathy and holistic medicine which would 
assist him in perfonning the duties of the position, 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 the specific specialty (or its equivalent) as a 
minimum for entry into the occupation in the United States. In fact, it is not clear how the duties of this 
position would be different from any other medical and health services manager position. Further, it is 
reasonable to conclude that these positions would require knowledge of the particular medical specialty 
within which the manager works. 
Upon review of the totality of the record, 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 
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. The burden is on the 
Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361. Here, that burden has not been met. 
term "specialty occupation"). 
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Matter of P-H- Ltd. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-H- Ltd., ID# 239517 (AAO Jan. 19, 2017) 
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