dismissed H-1B Case: Hotel Management

MATTER OF A-P-. INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE L 2016 
PETITION: FORM I-129. PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner. a hotel management firm, seeks to temporarily employ the Beneficiary as a ··general 
manager" under the H-1 B nonimmigrant classification. See Immigration and Nationality Act (the 
Act) section 101(a)(l5)(H)(i)(b). 8 U.S.C. § 110l(a)(15)(H)(i)(b). The H-1B 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 that the position 
otTered to the Beneficiary does not qualify as a specialty occupation. 
The matter is now before us on appeal. In its appeaL the Petitioner asserts that the Director erred in 
finding that 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.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: 
lvfatter l?( A-P-. 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 
(..f) 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. Cher1l?{/: 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""): De.fi.msor 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 .. general manager."" In 
response to the Director's request for evidence (RFE). the Petitioner provided the following job 
duties tor the position, along with the approximate percentage of time the Beneficiary will spend on 
each duty (verbatim): 
Managing Property Operations (approximately 30 percent) 
• Provides timely. real-time feedback to management and hourly associates on 
service and operational standards. 
• Manages the f1ow of labor bet\veen departments to support effective 
management of Labor Budget and achievement of profitability goals. 
• Creates and support clear lines of responsibility for management team. 
• Prepares for quality assurance audits. 
• Acts as a project manager for the execution of capital improvements. 
• Manages the implementation of major brand standards. 
Managing Food and Beverage Operations (approximately 15 percent) 
• Provides timely, real-time feedback to management and hourly associates on 
service and operational standards. 
• Establishes and leverages local vendor relationships to support food and 
beverage operational needs. 
2 
Matter (~f A-P-. Inc. 
• Provides coaching on operations and troubleshooting of Micros and other 
technology components within property common areas. 
Managing and Sustaining Sales and Marketing Strategy (approximately 15 
percent) 
• Works with the Regional Sales office (RSO) to implement sales strategy for 
the property. 
• Works with Market Sales to establish property sales strategy. goals. and action 
plans. 
• Identifies and champion creative marketing solutions that fit the brand and 
property needs. 
• Participates in the property sales review (PSR). 
• Manages relationships with decision makers at top accounts. 
• Develops innovative means for capturing new streams of revenue through 
property amenities. 
• Interacts with in-house guests to prospect for new sources of business. 
• Identifies key revenue generating stakeholders and customers and 
communicate information to sales offices. 
• Understands and leverage sales and marketing advantages over competitor 
properties within market. 
• Monitors sales strategy with RSO to ensure ongomg effectiveness and 
compliance. 
Managing Profitability (approximately 10 percent) 
• Measures, analyzes. and communicates property performance using a variety 
of financial/non financial data including controllable costs. sales revenue, 
guest satisfaction. and associate engagement data. 
• Reviews Property Distribution Summary (OnDemand) and Purchase Detail 
Reports; identify. research. and resolve balance issues. 
• Consolidates reports needed for period-end review (e.g .. P&L Accounting 
Scorecard. Banking Report and Statistics. PACE. credit card fraud report). 
• Reviews property performance on period basis with Regional Director. 
Maintaining Revenue Management Goals (approximately 5 percent) 
• Manages the relationship with the revenue management office. 
• Reviews and works with appropriate revenue management reports[.] 
Managing and conducting Human Resources activities (approximately 15 
percent) 
• Conducts day-to-day Human Resource transactions to support needs of the 
property. 
• Completes training for management employees. 
• Ensures ongoing development of managers. 
3 
Matter (!lA-P-, Inc. 
• Conducts performance review process for associates. 
Managing Relationships with Property Stakeholders (approximately 10 percent) 
• Keeps brand leadership team. owners. and above property stakeholders 
updated on property performance in the areas of tinancials. guest satisfaction. 
and associate engagement. 
• Prepares and presents reports f(w owners and above property leadership using 
financial/performance data to show how the Refreshing Business model is 
affecting property performance. 
• Conducts property critique. 
• Conducts annual business reviews. 
• Participates in ad hoc owner conference calls and respond appropriately to 
owner requests. 
According to the Petitioner, the position requires at least a bachelor's degree in hotel management or 
hospitality. 
III. ANALYSIS 
Upon review of the record in its totality and tor the reasons set out below. we determine that the 
Petitioner has not demonstrated that the proffered position qualities as a specialty occupation. 1 
Specifically, the record (1) does not describe the position's duties with suflicient detail: and (2) does 
not establish that the job duties require an educational background. or its equivalent. commensurate 
with a specialty occupation. 2 
The stated job descriptions do not establish the substantive nature of the work \vithin the specific 
context of the Petitioner's business operations. For instance, the Petitioner stated on the H-1 B petition 
that it has five employees. The Petitioner claimed that the Beneficiary will work with various 
departments and oftices such as the ""Regional Sales ottice." ""Market Sales:· and ""revenue 
management oftice." The Petitioner also stated that the Beneficiary would train •·management 
employees"' and would interact with the ""brand leadership team. owners. and above property 
stakeholders." However. the Petitioner has not further identified who these managers, owners. and 
stakeholders are. or the individuals who constitute the ""Regional Sales office:· ··Market Sales:· and 
""revenue management office:· among others. particularly in light of its five-employee operations. 3 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
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. 
3 It is reasonable to assume that the size of an employer's business has or could have an impact on the claimed duties of a 
particular position. See EG Enters., Inc. v. Dep 't of'Homeland Sec., 467 F. Supp. 2d 728 (E. D. Mich. 2006). The size of 
a petitioner may be considered as a component of the nature of the petitioner"s business. as the size impacts upon the 
actual duties of a particular position. 
4 
Matter ofA-P-. Inc. 
In establishing a position as a specialty occupation. a petitioner must describe the specific duties and 
responsibilities to be performed by a beneficiary in the context of the petitioner"s business in order to 
demonstrate that a legitimate need for an employee exists, and to substantiate that it has I I-1 B 
caliber work for the beneficiary for the period of employment requested in the petition. The 
Petitioner has not adequately done so here. 
Accordingly. the record is insutlicient to establish the substantive nature of the work to be perfixmed 
by the Beneficiary. Consequently, we are precluded from finding that the proffered position satisfies 
any criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), because it is the substantive nature of that work that 
determines ( 1) the nonnal minimum educational requirement for the particular position. which is the 
focus of criterion 1; (2) industry positions which are parallel to the profTered position and thus 
appropriate for review for a common degree requirement. under the first alternate 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. 
Nevertheless, assuming, for the sake of argument. that the proffered duties as described in the record 
would in fact be the duties to be performed by the Beneficiary. we will analyze them and the 
evidence of record to determine whether the proflered position as described would qualitY as a 
specialty occupation. 
A. First Criterion 
We turn 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 
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 "Property. Real Estate. and 
Community Association Managers" corresponding to Standard Occupational Classification code 11-
9141 at a Level I wage. 5 
4 All of our references are to the 2016-17 edition of the Handbook. which may be accessed at the Internet site 
http:l/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 suppmt a finding that its particular position 
would normally have a minimum. specialty degree requirement. or its equivalent, for entry. 
'We will consider the Petitioner's classification of the proffered position at a Levell wage (the lowest of four assignable 
wage levels) in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by the DOL 
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Matter c?fA-P-, Inc. 
The Handbook subchapter entitled .. How to Become a Property. Real Estate or a Community 
Association Manager"" states in pertinent part: .. Although many employers prefer to hire college 
graduates. a high school diploma or equivalent is enough for some jobs.""6 The Handbook does not 
support the Petitioner's assertion that a bachelor's degree is required for entry into this occupation. 
This passage of the Handbook reports that a high school diploma is enough for some jobs in this 
occupational category. In addition. although the Handbook states that .. many employers prefer to 
hire college graduates (emphasis added):· a preference for a degree is not an indication of a 
requirement. 
The Petitioner also referenced the Occupational Infonnation Network (O*NET) reports for 
.. Property. Real Estate. and Community Association Managers." These O*NET reports provide 
general information regarding the occupation; however. they do not support the Petitioner"s assertion 
regarding the educational requirements for the occupation. For example. the Specialized Vocational 
Preparation (SVP) rating cited within O*NET's Job Zone designates this occupation as a 7 < 8 
rating. An SVP rating of 7 to less than ( .. <'') 8 indicates that the occupation requires .. over 2 years 
up to and including 4 years" oftraining. Further. the SVP rating indicates the total number of years 
of vocational preparation required for a particular position. It does not describe how those years are 
to be divided among training, formal education. and experience, and does not specify the particular 
type of degree (if any) that a position would require. 7 
The Petitioner indicated that the proffered position also falls under the .. Lodging Managers" 
occupational category. The Handbook subchapter entitled ··How to Become a Lodging Manager .. 
states in pertinent part: .. Many applicants can qualitY as a lodging manager by having a high school 
diploma and several years of experience working in a hotel. "8 The Handbook also states that 
''[h]otels that provide fewer services generally accept applicants who have an associate's degree or 
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: ( 1) that the 
Beneficiary will be expected to perfonn routine tasks that require limited. if any, exercise ofjudgment; (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., !'rerailing Wage 
Determination !'olic:r Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http:l/flcdatacenter.com/downloadfNPWHC _Guidance_ Revised_ II_ 2009.pdf. A prevailing wage determination stans 
with an entry level wage and progresses to a higher wage level after considering the experience. education, and ski II 
requirements of the Petitioner's job opportunity. !d. A Level I wage should be considered for research fellows. workers 
in training, or internships. !d. 
6 
For additional information regarding the occupational category "Property, Real Estate, and Community Association 
Managers," see U.S. Dep 't of Labor, Bureau of Labor Statistics, Occupational Outlook Ham/hook, 2016-17 ed .. 
"Property, Real Estate. and Community Association Managers," http:l\vww.bls.gov/oohimanagementlprint'property­
real-estate-and-community-association-managers.htm (last visited May 12, 20 16). 
7 For more information about SVP ratings, see O*NET Online Help Specific Vocational Preparation (SVP), 
https:l/www.onetonline.orglhelp/online.
1
svp (last visited May 12. 20 15). 
8 For additional information regarding the occupational category "Lodging Managers." see U.S. Dep't of Labor. Bureau 
of Labor Statistics. Occupational Outlook Ham/hook, 20 16-17 ed.. "Lodging Managers." 
http:/ 1www. bls.gov I ooh/management/print/lodging-managers.htm (last visited May 12. 20 16 ). 
(b)(6)
Matter of A-P-. Inc. 
certificate in hotel management or opcrations.'' 9 Thus. the Handbook chapter tor '·Lodging 
Managers" does not support eligibility under this criterion. either. Instead. the Handbook reports 
that a high school diploma plus an unspecified number of years of experience is enough tor ·'many"" 
jobs in this occupational category. and that an associate's degree or certificate is ··generally 
sufficient'" for hotels that provide fewer services. 
The Handbook also states that '·most large. full-service hotels require applicants to have a bachelor's 
degree ," and that ·'[m]ost full-service hotel chains hire candidates with a bachelor's degree in 
hospitality or hotel management.'' 10 The Petitioner specifically highlights these passages. and asserts 
that they demonstrate the proffered position's qualification as a specialty occupation. However, the 
Petitioner has not suf1iciently established that it is a large. full-service hotel or full-service hotel 
chain as contemplated by these passages in the Handbook. 
While the Petitioner has submitted general information about the hotels it claims to manage 
(including a and the 
Petitioner has not submitted corroborating evidence establishing that these hotels are. in fact. being 
managed by the Petitioner, and if so. the extent of the Petitioner's management services over these 
hotels.
11 
Further, the Petitioner has not specifically identified which of its properties the Beneficiary 
would manage, and the nature of that particular hotel's operations. Thus, the Petitioner has not 
sufficiently demonstrated the relevance of the passages in the Handbook about full-service hotels to 
the proffered position. For all of these reasons. the Petitioner has not provided sufficient 
documentation to satisfy 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 pa11icular 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 
contemplates common industry practice , while the alternative prong narrows its focus to the 
Petitioner ' s specific position. 
'I !d. 
1(1/d. 
11 The Petitioner also lists hotels currently being constructed. and asserts that "'[a]fter completion of construction, [the 
Petition er] will manage the day-to-day operations of these hotels... HO\vever, the Petitioner has not submitted 
corroborating evidence of these claimed construction projects and the Petitioner's involvement in these future hotels· 
operati ons. In any event. we cannot take into consideration these claimed future job duties. USCIS regulations 
affirmatively require a petitioner to establish eligibility for the benefit it is seeking at the time the petition is filed. See 
8 C.F.R. § 103.2(b)( I). A visa petition may not be approved based on speculation of future eligibility or alter the 
Petitioner or Beneficiary becomes eligible under a new set of facts. See Matter r?f' lvfichelin Tire C 'orp .. 17 I&N Dec. 
248.249 (Reg'l Comm'r 1978). 
Matter (~f A-P-. Inc. 
1. First Prong 
To satisfy this first prong of the second criterion. the Petitioner must establish that the .. degree 
requiremenC (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 degreed individuals." See .%anti. Inc. v. Reno. 36 F. Supp. 2d 1151. 1165 (D. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava. 712 F. Supp. 1095. 1102 (S.D.N.Y. 1989)). 
As previously discussed. the Petitioner has not established that its proffered position is one for which 
the Handbook or another authoritative source reports a 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 anidavits from similar firms or individuals in the Petitioner's industry attesting that 
such firms .. routinely employ and recruit only de greed individuals .. , 
In support of this criterion of the regulations. the Petitioner submitted several job advertisements. 
Upon review. we find that some of the advertisements do not appear to involve parallel positions. 
For example, one of the postings states that a degree and four to six years of prior hotel management 
experience is required for the position. Another posting states that a degree and at least eight years 
of related experience is required. As previously noted. the Petitioner designated its proffered 
position as a wage level I (entry level) position on the LCA. The advertised positions therefore 
appear to involve more senior positions than the proffered position. More importantly. the Petitioner 
has not sufficiently established that the primary duties and responsibilities of the advertised positions 
are parallel to those of the proffered position. 
In addition. the postings do not demonstrate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. The job postings suggest at best. that although a 
bachelor's degree is sometimes required for general manager positions. a bachelor's degree in a 
spec[fic .\pecialty (or its equivalent) is not. 12 
12 Even if all of the job postings indicated that a bachelor's degree in a specific specialty. or its equivalent, is common to 
the industry in parallel positions among similar organizations (which they do not), the Petitioner did not demonstrate 
what inferences. if any, can be drawn from this limited number of advertisements with regard to determining the 
common educational requirements for entry into parallel positions in similar organizations. See general(r Earl Babbie. 
The Practice qf'Social Research 186-228 (1995). Further. the Petitioner did not provide independent evidence of how 
representative the job postings are of the particular employers' recruiting and employment history lor the type of job 
advertised. as the advertisements are only solicitations for hire, and are not evidence of these companies' actual hiring 
practices. 
8 
(b)(6)
Matler of A-P-, Inc. 
As the documentation does not establish that the Petitioner has met this prong of the regulations. 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. That is. not every 
deficit of every job posting has been addressed. Thus. the Petitioner 
has not satisfied 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 support of its assertion that the proffered position qualities as a specialty occupation, the 
Petitioner submitted a generic description of the proffered position. a list of properties it claims to 
manage, and general printouts of the properties· websites. However. as previously discussed, the 
record does not describe the position's duties with sufticient detail to convey substantive information 
about the relative complexity, uniqueness and/or specialization of the proffered position or its 
associated duties. Nor does the record contain sufficient. probative evidence to corroborate the 
Petitioner's claimed scope of operations. including the nature of the hotels it claims to manage (e.g., 
whether they are full-service or limited service hotels) and to which the Beneficiary would be 
assigned. We incorporate our previous discussion on the matter. 
We also consider the Petitioner's designation of the proffered position as a Level I. entry-level 
position on the LCA. This designation. when read with the Petitioner's job description and the 
Handbook's narrative, further suggests that the particular position is not so complex or unique that 
the duties can only be performed an individual with bachelor's degree or higher in a specific 
specialty, or its equivalent. 13 Thus, relative complexity or uniqueness as not been established as 
aspects of the protTered position. 
In response to the RFE, the Petitioner submitted printouts of the undergraduate hotel management 
programs at and the The Petitioner stated that these 
programs are specifically related to the duties of the proffered position. However. the Petitioner has 
not specifically identified and explained why these courses would be required to pertorm the duties 
of the proffered position. The Petitioner did not submit infoimation relevant to a detailed course of 
study leading to a specialty degree, and did not establish how such a curriculum is necessary to 
perform the duties it may believe are so complex and unique. 14 Again. ·•going on record without 
n 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: //flcdatacenter.com /download /NPWHC _Guidance _ 
Revised_l1_2009.pdf. 
14 The Petitioner submitted seven course descriptions from the However, the 
Petitioner did not demonstrate how these courses are representative of an established curriculum leading to a specialty 
9 
Matter (?f A-P-, Inc. 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings." Matter (~lS(dfici, 22 I&N Dec. at 165. 
In the letter of support. the Petitioner claimed 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 w·hether 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) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty. or its equivalent. for the position. 
The Petitioner stated in the H-IB petition that it was established in 2012 (approximately two years 
prior to the tiling of the H-1 B petition) and that it has five employees. The Petitioner did not submit 
inforn1ation regarding employees who currently or previously held the position. The record 
therefore does not satisfy 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. 
While the Petitioner provided a more detailed job description in response to the RFE. the description 
does not establish that the duties are more specialized and complex than positions that are not 
usually associated with at least a bachelor's degree in a specific specialty. or its equivalent. We 
incorporate our earlier discussion and analysis regarding the duties of the proffered position, and the 
designation of the position in the LCA as a Level I position (the lowest of tour assignable wage­
levels ). 15 The Petitioner has not demonstrated in the record that its protTered position is one with 
duties sufficiently specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(../). 
degree. 
15 The Petitioner's designation of this position as a Level I. entry-level position undermines its claim that the position is 
particularly complex. specialized. or unique compared to other positions within the same occupalion. Nevertheless. a 
Level I wage-designation does not preclude a protTered position from classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g .. doctors or 
lawyers). a Level I. entry-level position would still require a minimum of a bachelor's degree in a specific specialty. or 
its equivalent. for entry. Similarly. however, a Level IV wage-designation would not reflect that an occupation qualifies 
10 
Matter (?fA-P-, Inc. 
IV. CONCLUSION 
Because the Petitioner has not satisfied one ofthe criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). it has not 
demonstrated that the proffered position qualities 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 <dDtiende, 26 I&N Dec. 127. 128 (BIA 2013). Here. that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as i\4atter ofA-P-. Inc .. ID# 16498 (AAO June I. 2016) 
as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specitic specialty, or its equivalent. That is, a position's wage-level designation may be a relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)( I) of the Act. 
11