dismissed H-1B Case: Hris

U.S. Citizenship 
and Immigration 
Services 
In Re: 10064855 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 28, 2020 
The Petitioner, a pharmaceutical company, seeks to temporarily employ the Beneficiary as a "senior 
HRIS Analyst" under the H-1B nonimmigrant classification for specialty occupations. 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-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 of the Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position is a specialty occupation. The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 101(a)(15)(H)(i)(b) of the Act defines an H-1B nonimmigrant as a foreign national "who is 
coming temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) ... "(emphasis added). Section 214(i)(I) of the Act, 8 U.S.C. § 1184(i)(I), defines the 
term "specialty occupation" as an occupation that requires "theoretical and practical application of a 
body of highly specialized knowledge, and 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 section 214(i)(I) of the Act but adds a 
non-exhaustive list of fields of endeavor. In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the 
proffered position must meet one of four criteria to qualify as a specialty occupation position.1 Lastly, 
1 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with the statutory and regulatory definitions of a specialty occupation under 
section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii) . We construe the term "degree" to mean not just any 
8 C.F.R. § 214.2(h)(4)(i)(A)(1) states that an H-1B classification may be granted to a foreign national 
who "will perform services in a specialty occupation ... "(emphasis added). 
Accordingly, to determine whether the Beneficiary will be employed in a specialty occupation, we 
look to the record to ascertain the services the Beneficiary will perform and whether such services 
require the theoretical and practical application of a body of highly specialized knowledge attained 
through at least a bachelor's degree or higher in a specific specialty or its equivalent. Without 
sufficient evidence regarding the duties the Beneficiary will perform, we are unable to determine whether 
the Beneficiary will be employed in an occupation that meets the statutory and regulatory definitions of 
a specialty occupation and a position that also satisfies at least one of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). The services the Beneficiary will perform in the position determine: (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 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. 8 C.F.R. § 214.2(h)(4)(iii)(A). 
By regulation, the Director is charged with determining whether the petition involves a specialty 
occupation as defined in section 214(i)(1) of the Act. 8 C.F.R. § 214.2(h)(4)(i)(B)(2). The Director 
may request additional evidence in the course of making this determination. 8 C.F.R. § 103.2(b)(8). 
In addition, a petitioner must establish eligibility at the time of filing the petition and must continue to 
be eligible through adjudication. 8 C.F.R. § 103.2(b)(1). 
II. ANALYSIS 
Upon review of the record in its totality, we conclude that the Petitioner has not sufficiently established 
the services in a specialty occupation that the Beneficiary would perform during the requested period 
of employment, which precludes a determination of whether the proffered position qualifies as a 
specialty occupation under sections 101(a)(15)(H)(i)(b), 214(i)(1) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(i)(A)(1), 8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). 2 
The record contains conflicting and insufficient evidence regarding the nature of the duties the 
Beneficiary will perform and the level of responsibility associated with the proffered position. As 
such, the record does not establish that the job duties require an educational background, or its 
equivalent, commensurate with a specialty occupation. 
The Petitioner does not consistently describe or explain the Beneficiary's duties within its business 
operations. There were many duties listed in the response to the Director's request for evidence 
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"). 
2 The Petitioner submitted documentation to support the H-1B 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. 
2 
(RFE)3 that did not clearly correspond to the duties submitted with the initial petition. Similarly, the 
percentage of time dedicated to the various duties did not match between the initial and later duty 
descriptions. No explanation of the possible discrepancies between the duty descriptions was provided 
by the Petitioner.4 To illustrate, the following table presents a side by side comparison of the 
Petitioner's two descriptions of the general job duties, percentages of time to be spent performing each 
duty, day-to-day tasks, and explanations of why each duty requires a degree in engineering 
management or a related field5: 
Initial Duty List 
#1 Understand complex business requirements 
and translate them into technical solutions 
including reports, metrics and analytic 
dashboards. 25% 
I Day-to-day tasks include: 
o (Task 1) Partner with Stakeholders 
o (Task 2) Strategize requirements 
o (Task 3) Creating test scripts 
I Explanation: The degree is required for 
analytical thinking and knowledge on 
different data elements and how they 
RFE Duty List 
Scrub, Analyze, and Campi le Data Dashboards 
15% 
I Day-to-day tasks include: 
o Data Extract, cleanse, quality check, 
load and validate 
o Create integrations to load data 
blocks to Qlik sense using Datameer 
as a database evaluator. 
correlate. Coursework with negotiation I 
o Build Dashboards based on COE 
requirements using predictive and 
workforce forecasting analysis 
Explanation: Engineering Management 
coursework enhances knowledge from the 
data extraction stage to designing system 
requirements and presenting a descriptive 
view to COEs. [The Beneficiary's] 
knowledge and experience in building 
quantitative analysis helps her build 
dashboards in the ERP system of Workday. 
Her system analysis knowledge acquired 
from service and operations management 
enables her design and development of 
product specification, which in this case are 
the databases and integrations built to move 
data between two systems and architecture 
visual dashboards. 
skills is helpful in relating system 
requirements to business and what is 
possible in a confined system. 
#2 Research, analyze and troubleshoot large 
amounts of data 25% 
I Day-to-day tasks include: 
o (Task 1) Maintain case management 
system 
Provide troubleshooting support for Workday 
Issues, including coordinating with vendors and 
internal teams 15 % 
I Day-to-day tasks include: 
3 The Petitioner's appeal letter adopted the same duty descriptions as those listed in its RFE response letter. 
4 A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS 
requirements. See Matter of lzummi, 22 l&N Dec. 169, 176 (Assoc. Comm'r 1998). 
5 The Petitioner repeatedly references the Beneficiary's degree in engineering management and her qualifications for the 
position. 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. 
3 
o {Task 2) Troubleshoot incoming 
queries 
o (Task 3) Research and fix to avoid 
future issues/risks 
I Explanation: This duty evaluates the system 
capabilities and its downfalls, courses like 
technology management and service and 
operations management guide us through 
achieving service level agreements for the 
cases received. Analyze all human resource 
data and recommend appropriate solutions to 
all production issues and analyze al I data 
according to IT specifications and participate 
o Ensure work is performed according 
to defined processes and within 
Service Level Agreements 
o Seek internal and external learning 
opportunities to advance knowledge 
of HR systems, tools and new 
capabi I ities that the team can offer 
our key partners 
o Collaborate with functional and 
technical stakeholders to optimize 
business processes (particularly 
Recruit, Talent, Compensation, and 
Payroll) 
in all system tests to ensure compatibility of I 
production design into functional design 
Explanation: Analyze all human resource 
data and recommend appropriate solutions to 
all production issues and analyze all data 
according to IT specifications and participate 
in all system tests to ensure compatibility of 
production design into functional design. 
Engineering Management degree 
coursework includes professional project 
management focusing on critical 
examination of the nine project management 
knowledge areas defined In the Project 
Management Body of Knowledge (PM BOK) 
issued by the Project Management Institute 
(PMI). 
#3 Manage partnership between Human 
Resources and Information Technology 20% 
I Day-to-day tasks include: 
o (Task 1) Effectively plan for 
Workday releases, integrations, third 
party implementations 
o (Task 2) Configure and implement 
modifications and enhancements 
o {Task 3) Prepare documentation for 
system status and communicate with 
relative stakeholders. 
I Explanation: Partnership management with 
HR functions such as HR Administration, 
Payroll, Total Rewards, Training and 
Development, and Organization 
Effectiveness is a keen element of this role 
and requires knowledge and skills from 
project management. 
4 
#2 Delivery enhanced or new functionality in 
alignment with the Business Goals and HR 
vision for a specific partner or project 20% 
I Day-to-day tasks include: 
o Lead the research and evaluation of 
new and/or alternative technologies 
to enhance operational effectiveness 
and reduce costs 
o Ensure compliant security 
administration supporting data 
privacy and protection requirements 
o Ensure the appropriate development 
and execution of SOX compliance 
o Provide necessary training to end 
users to increase their effectiveness 
and ability to use the systems(s) 
I Explanation: Leads the system configuration 
setup processes for reporting and security. 
#4 Evaluate HR hire to retire process and provide 
consultative recommendations based on 
technical knowledge 15% 
I Day-to-day tasks include: 
o (Task 1) Lead Workday business 
process review discussions with HR 
Executives 
o (Task 2) Build validation rules if 
required 
o (Task 3) Test the process with live 
scenarios and share industry best 
practices as reference 
I Explanation: The master's program 
coursework did include enterprise resource 
planning which in this case is Workday and 
supported applications such as SAP, where 
the concepts and basic understanding helps 
with the in-house training to carry out these 
duties 
5 
Partnering with business partners new 
technologies are demonstrated and 
implementation plans are established. 
Systems configuration, validation and 
testing is conducted to document. Her 
degree includes coursework in technology 
planning management discusses frameworks 
and analytical processes to analyze how 
firms can create, commercialize and capture 
value from technology-based products and 
services. Quantitative Decision-Making 
topics include hypothesis formulation and 
testing survey development, reliability and 
validity analysis and application of statistical 
techniques. 
#3 Writes, maintains, and supports variety of 
complex reports and queries utilizing 
appropriate reporting tools. Assists in 
development of standard and complex reports 
for on-going customer needs. 20% 
I Day-to-day tasks include: 
o Design and configure codes in 
Workday to extract data in table 
formats 
o Understands and uses qualitative 
measurement data collection design 
principals 
o Maintains data integrity in systems. 
This includes developing and 
running audit queries, analyzing data, 
automating processes, and 
developing and implementing 
methods to ensure root source quality 
o Build Workday Integrations/ 
XML/XSL 
I Explanation: This duty requires a skill set in 
requirements gathering, business analytics 
and operations management. In this role [the 
Beneficiary] builds reports and dashboards 
to portray organization wide employee data 
and its utilization to ensure efficiency. 
Retrieving archival data for legal purposes is 
an integral part of this role for which her 
education in legal issues in Engineering 
5# Build Integrations to deliver reports to 
various other applications 15% 
I Day-to-day tasks include: 
o (Task 1) Analyze existing reports 
available 
o (Task 2) Build integration and report 
where required and compliant 
o (Task 3) Test in non-production 
tenant 
I Explanation: This task utilizes various 
components of an advanced degree where 
planning, controlling, monitoring, and 
documenting is required. An understanding 
on data elements, compliance laws, and data 
laws relative to various countries is required 
Provide HRIS support to global HR functions 
6 
Management has given her the ability to 
understand and act accordingly to request 
#4 Evaluate HR hire to retire process and provide 
consultative recommendations based on 
technical knowledge 15% 
I Day-to-day tasks include: 
o Lead Workday business process 
review discussions with HR 
executives 
o Build validation rules if required 
o Test the process with live scenarios 
and share industry best practices as 
reference 
I Explanation: The Engineering Management 
degree included enterprise resource 
planning, which, in this case, is Workday 
and supported applications such as SAP, 
where the concepts and basic understanding 
helps with the in-house training to carry out 
these duties. Engineering Management is a 
multi-disciplinary field, which includes 
technology and management to secure 
efficient business practices. 
#5 Support mergers and acquisition processes 
in the HR information systems 15% 
I Day-to-day tasks include: 
o Maintain Status Quo and ensure 
ongoing business is not affected 
o Build conversion documents and 
investigate legacy processes abiding 
each country's work's council 
policies 
o Plan and execute hiring processes 
for conversion employees 
Explanation: This task utilizes various 
components of an Engineering management 
degree where planning, controlling, monitoring, 
and documenting is required. An understanding 
of data elements, compliance laws, and data laws 
relative to various countries is required. The 
Negotiation Strategies that were a part of [the 
Beneficiary's] degree program are utilized when 
dealing with [the Petitioner's] council of various 
countries, while gathering data requirements, 
and while keeping local laws in mind. This task 
requires elements of ERP planning to execute a 
smooth transition of the conversion employees. 
In addition to variances in duties and percentages, the RFE response included new duties not 
previously mentioned. For example, "research and evaluation of new and/or alternative technologies 
to enhance operational effectiveness," ensuring "compliant security administration supporting data 
privacy and protection requirements," leading "the system configuration setup processes for reporting 
and security," and ensuring "the appropriate development and execution of SOX compliance" for 
specific partners or projects. The relationship between these duties and the initially described duties 
is not adequately supported by the preponderance of the evidence. Moreover, not only were these 
duties not included in the original job description, they also are without sufficient context. We 
recognize that in its RFE response the Petitioner indicates that the position is part of its organization's 
shared services, which "houses employees from different educational background[s] performing 
activities in [i]ntegrating technical systems and supporting other departments such as finance, IT and 
payroll applications." Nevertheless, given the generality of the duties as described, the record does 
not adequately convey the scope or level of responsibility of the Beneficiary within the Petitioner's 
business operations or across other teams or groups relative to HRIS system integration. Further, 
although the initial duties reference requiring knowledge of compliance and data laws, the additional 
security and compliance-related duties do not include sufficient context to adequately determine their 
extent. For example, the Petitioner indicates the Beneficiary would be responsible for development 
and execution of SOX compliance but did not define the term and did not elaborate on what tasks 
would be involved in developing and executing any necessary compliance.6 Without further 
information on what is expected of the Beneficiary within the context of the Petitioner's actual 
business operations, regarding compliance, we cannot ascertain the Beneficiary's actual tasks and 
ascertain either the application of knowledge needed to perform these duties or the occupation and 
wage level required. 
Next, the RFE letter indicates that 15% of the Beneficiary's time would be dedicated to "[supporting] 
mergers and acquisition processes in the HR information systems," and include day-to-day tasks such 
as status quo maintenance, building employee conversion documents, and planning and executing 
hiring processes for conversion employees. We are uncertain what this duty relates to and the level of 
support the Beneficiary would be providing. Moreover, it was not included in the initial description. 
Even if all the tasks associated with merger and acquisition support were understood to relate to the 
duty of providing HRIS support to global HR functions as described in the initial support letter, that 
letter did not allot any percentage of time to that duty, thereby further obscuring how this duty would 
relate to the overall position responsibilities. 
6 Although not defined in the record, it appears "SOX" refers to the "Public Company Accounting Reform and Investor 
Protection Act" or "The Sarbanes-Oxley Act." See SOX., Black's Law Dictionary (11th ed. 2019); SARBANES-OXLEY 
ACT OF 2002, Pub. L. No. 107-204, § 804, 116 Stat. 745, 801 (2002) codified in part at 28 U.S.C. § 1658(b). The 
Sarbanes-Oxley Act (SOX) was designed to combat corporate investment and securities fraud and affects many areas of 
business including accounting, management, and IT functions and operations. See Pub. L. No. 107-204, § 804, 116 Stat. 
745, 801 (2002). 
7 
There were also inconsistencies relating to day-to-day tasks as described in the initial support letter 
that were removed without explanation from later support letters. For example, the Petitioner initially 
indicated that duties relating to data analysis included the task of "[maintaining a] case management 
system." And, that part of the duties relating to "[managing the] partnership with Human Resources 
and Information Technology," would be "[preparation of] documentation for system status and 
[communicating] with relative stakeholders." Even if they are not necessarily inconsistent, it is not 
clear if or how these duties relate to the RFE duty descriptions. Further, the ambiguous nature of these 
tasks and lack of explanation for their removal makes it difficult to determine how, or if, these tasks 
are included within the duties as later described. For example, we are uncertain of the Beneficiary's 
role in the case management system or what is involved in its maintenance such as whether the 
Beneficiary will be required to merely update an employee database or if she also would be responsible 
for software development and troubleshooting. Similarly, the initial duty description does not 
sufficiently describe the Workday releases, integration of systems that must be configured, 
implemented and enhanced, what aspects of the status would be documented, and who the "relative 
stakeholders" are. Without clarifying descriptive information, we are left to question what services 
the Beneficiary will be required to perform. 
Even among the duties that appear more clearly related between the initial and later descriptions there 
remains noteworthy uncertainty. For example, the initial duties discussed partnering with 
stakeholders, managing the partnership between Human Resources (HR) and Information Technology 
(IT), and communicating with relative stakeholders. Where the initial duties only specifically discuss 
stakeholders from HR and IT, the RFE response letter expands the list to include coordination of 
services with outside stakeholders including vendors and customers. However, the record does not 
sufficiently identify the stakeholders and the full scope of the duties relating to partnering and 
communicating with stakeholders is uncertain. Similarly, there are concerns involving the percentage 
of time that would be dedicated to each duty. For instance, both the initial and later support letters 
discuss duties relating to the creation of reports. Report generation is discussed in the initial support 
letter under general duties #1 and #5 which the Petitioner indicated combined take about 35% of the 
position's time. Conversely, report generation in the RFE letter falls only under general duty #3 and 
takes 20% of the time. Although the difference in the percentage of time taken by the general duties 
may appear relatively small, the percentage of time spent on subtasks relating to report generation is 
much less clear. Given that the Petitioner changed not only the descriptions of general duties and day­
to-day tasks for the position, but also provided a completely different accounting of the time the 
Beneficiary would be involved with each, these percentages create further ambiguity in the record. 
More importantly, the differences in how the record describes report generation duties leads to 
uncertainty regarding what is entailed in report generation. For example, as part of other duties, the 
Petitioner indicates the Beneficiary must use a variety of third-party applications and systems 
including Workday, Qlik sense, Datameer, and possibly other unidentified "HR information systems." 
However, the Petitioner does not further explain whether the Beneficiary will be using these same 
platforms to generate reports or what kind of data analysis she will provide in her reports. 
We acknowledge that on appeal the Petitioner submitted an opinion letter and position evaluation from 
I I a professor and Chair of the Department of Business Information Systems at 
I I University. However, although he indicates he also reviewed the initial support letter 
and the RFE response, his opinion letter does not acknowledge the possibly significant differences 
between the initial duty descriptions and those in the RFE response. 
8 
Also of note, in his letter,.__ _______ ~summarizes three job advertisements he states were 
provided by the Petitioner that he contends are similar to the proffered position. 7 Even if the job 
postings were shown to be from the Petitioner's industry, 8 they do not help clarify ambiguities in the 
record and raise further questions as to whether the proffered position would qualify as a specialty 
occupation. While the Petitioner indicates that a bachelor's degree in engineering management or a 
closely related degree is required for its position, these postings suggest that diverse and generalized 
backgrounds will qualify for entry into the occupation generally. One of the three positions advertised 
only indicates that an accredited bachelor's degree is required but does not list any specific discipline 
for the degree. The other two require a bachelor's degree or equivalent experience in computer 
science, human resources, mathematics, or statistics. While computer science and human resources 
appear to relate the Petitioner's job description, the Professor does not address how the inclusion of 
more disparate degrees such as mathematics and statistics would also be additional acceptable degrees 
for entrance into the occupation.9 Similarly, all the positions include an experience requirement, but 
the Petitioner does not require prior experience for the position. Further, experience in business 
analytics generally appears to be acceptable and does not necessarily need to be focused on 
engineering management as required by the Petitioner. Therefore, the lack of analysis of these job 
postings and how they relate to industry standards further calls into question the substantive nature of 
the proffered position. 
The above discrepancies in duty descriptions and requirements are significant because they preclude 
us from understanding what the Beneficiary will be doing and what the minimum requirements are for 
this position. Moreover, they prevent us from determining whether the certified labor condition 
7 Neither the Petitioner nor.__ ______ _., provided actual copies of these advertisements. Rather, we were only 
given the professor's summary of them. As no copies of the announcements were submitted nor links to on line postings, 
we have no ability to independently review the information contained in the announcements. 
8 To be relevant for consideration under 8 C.F.R. 214.2(h)(4)(iii)(A)(2), the job vacancy announcements must advertise 
"parallel positions," and the announcements must have been placed by organizations that (1) conduct business in the 
Petitioner's industry and (2) are also "similar" to the Petitioner. Even if we accept! l's summary of 
the announcements, no descriptions were provided for the organizations nor comparison of their business operations to 
those of the Petitioner. 
9 In general, provided the specialties are closely related, e.g., chemistry and biochemistry, a minimum of a bachelor's or 
higher degree in more than one specialty is recognized as satisfying the "degree in the specific specialty (or its equivalent)" 
requirement of section 214(i)(1)(B) of the Act. In such a case, the required "body of highly specialized knowledge" would 
essentially be the same. Since there must be a close correlation between the required "body of highly specialized 
knowledge" and the position, however, a minimum entry requirement of a degree in disparate fields, such as philosophy 
and engineering, would not meet the statutory requirement that the degree be "in the specific specialty (or its equivalent)," 
unless the Petitioner establishes how each field is directly related to the duties and responsibilities of the particular position. 
Section 214(i)(1)(B) of the Act (emphasis added). In other words, while the statutory "the" and the regulatory "a" both 
denote a singular "specialty," we do not so narrowly interpret the provisions to exclude positions from qualifying as 
specialty occupations if they permit, as a minimum entry requirement, degrees in more than one closely related specialty. 
See section 214(i)(1)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). This also includes even seemingly disparate specialties 
providing, again, the evidence of record establishes how each acceptable, specific field of study is directly related to the 
duties and responsibilities of the particular position. Although we have consistently stated that 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 conclusion that a particular position qualifies for classification as a specialty 
occupation. Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007). 
9 
application (LCA) 10 corresponds to and supports the H-lB petition.11 Similarly, questions regarding 
the standard occupational classification (SOC) code listed on the LCA also raise additional questions 
regarding the substantive nature of the position. 
On the LCA, the Petitioner designated the proffered position under the SOC code and title 15-1121, 
"Computer Systems Analysts," at a Level II wage rate.12 Based on the Occupational Information 
Network (O*NET) report for "Computer Systems Analysts," the primary responsibilities for this 
occupation are: 
Analyze science, engineering, business, and other data processing problems to 
implement and improve computer systems. Analyze user requirements, procedures, 
and problems to automate or improve existing systems and review computer system 
capabilities, workflow, and scheduling limitations. May analyze or recommend 
commercially available software.13 
While this occupational category and wage level may be commensurate with some of the proffered 
position's job duties, the Petitioner included duties in its RFE and appeal letters that appear atypical 
to the SOC code on the LCA. Commensurate duties include those that require the Beneficiary to 
collect, analyze, and maintain human resource systems and data. However, non-commensurate job 
duties required by the Petitioner, include "ensur[ing] development and execution of SOX compliance" 
for specific partners or projects, "[supporting] global mergers and acquisition processes," and 
understanding "data elements, compliance laws, and data laws, relative to various countries." Again, 
the lack of detail regarding these aspects of the proffered position call into question the scope of the 
Beneficiary's role and her level of responsibility within the Petitioner's organization. Furthermore, 
we note that they also raise questions as to whether the SOC code and wage level identified are 
correct.14 
10 A petitioner submits the LCA to demonstrate that it will pay an H-lB worker the higher of either the prevailing wage 
for the occupational classification in the area of employment or the actual wage paid by the employer to other employees 
with similar duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. § 655.731(a). 
11 See 20 C.F.R. § 655.705(b); Matter of Simeio Solutions., LLC, 26 l&N Dec. 542, 546 n.6. (AAO 2015). 
12 A prevailing wage determination starts with an entry-level Level I wage and progresses to a higher wage level, up to 
Level IV, after considering the experience, education, and skill requirements of the Petitioner's job opportunity. 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_11_2009.pdf. 
13 O*NET Online Summary Report for "15-1121.00 Computer Systems Analysts," 
https://www.onetonline.org/link/summary/15-1121.00 (last visited Aug. 26, 2020). 
14 For example, some of these duties appear to overlap with the following duties for "Compliance Managers" (SOC code 
11-9199.02): "[m]onitor compliance systems to ensure their effectiveness," "[a]dvise internal management or business 
partners on the implementation or operation of compliance programs" "[p]rovide assistance to internal or external auditors 
in compliance reviews," "[a]dvise technical professionals on the development or use of environmental compliance or 
reporting tools," "[r]eview communications such as securities sales advertising to ensure there are no violations of 
standards or regulations," "[o]versee internal reporting systems, such as corporate compliance hotlines," and "verify that 
software technology is in place to adequately provide oversight and monitoring in all required areas. Notably, in the area 
and for the time period when the petition was filed, the relevant prevailing wage for a Level 11 "Computer Systems 
Analysts" position, SOC code 15-1121 ($82,451 per year) was much lower than the relevant prevailing wage for a Level 
I "Compliance Managers" position, soc code 11-9199.02 ($106,080 per year). See the Foreign Labor Certification Data 
Center Online Wage Library for additional information, https://flcdatacenter.com/OESWizardStart.aspx. (last visited Aug. 
26, 2020). The DOL guidance instructs employers to use the SOC code with the higher paying wage on the LCA when a 
10 
Although the duties were described in some length, they nevertheless do not provide sufficient detail 
to ascertain the substantive nature of the position and establish that the proffered position corresponds 
to the occupation and wage level certified on the LCA, a necessary element to establish eligibility for 
this visa classification.15 Without a meaningful job description, the record lacks sufficiently 
informative evidence to conclude either the application of knowledge needed to perform the position 
or the occupation and wage level required. 
We acknowledge that.___ _______ __. indicates he reviewed O*NET and the Handbook's 
entries relevant to the SOC code for 15-1121, "Computer Systems Analysts" and found the duties of 
the proffered position have numerous similarities to those listed by O*NET. He then provided a chart 
juxtaposing the Petitioner's duties with those from O*NET and surmised that the descriptions 
matched. He provided no further comparative analysis of the two sets of duties. Merely listing the 
duties side by side, finding they match, and declaring them to jointly require a highly specialized body 
of knowledge does not add to our understanding of the substantive nature of the position. As discussed 
above, despite similarities, there are a number of duties not adequately covered by the O*NET 
summary for "Computer Systems Analysts." Nevertheless, his opinion letter does not address any 
alternative SOC codes or explain why the SOC for "Computer Systems Analysts" is the most 
appropriate match. Absent a specific analysis of the duties, as well as a meaningful explanation of 
their complexity or specialized nature, we do not find ~-------~s conclusions 
persuasive. 16 
Where there are inconsistencies in the record, the Petitioner must resolve them with independent, 
objective evidence pointing to where the truth lies. Matter of Ho, 19 l&N Dec. 582, 591-92 (BIA 
1988). Unresolved material inconsistencies may lead us to reevaluate the reliability and sufficiency 
of other evidence submitted in support of the requested immigration benefit. Id. Here, the Petitioner 
has not provided independent, objective evidence pointing to where the truth lies relating to its 
position's description and duties. 
position incorporates the duties of more than one related occupation. 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_11_2009.pdf. For this reason, such a wage disparity 
highlights the significance of selecting the lower paying occupational category on the LCA. 
15 To permit a petitioner to submit an LCA for a different occupation which has a lower prevailing wage than the position 
actually being petitioned for results in a petitioner paying a wage lower than that required by section 212(n)(1)(A) of the 
Act, 8 U.S.C. § 1182(n)(1)(A). The LCA serves as the critical mechanism for enforcing section 212(n)(1) of the Act, 8 
U.S.C. § 1182(n)(1). See Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B 
Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens 
in the United States, 65 Fed. Reg. 80,110, 80,110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56) 
(indicating that the wage protections in the Act seek "to protect U.S. workers' wages and eliminate any economic incentive 
or advantage in hiring temporary foreign workers" and that this "process of protecting U.S. workers begins with [the filing 
of an LCA] with [DOL]."). While DOL is the agency that certifies LCA applications before they are submitted to USCIS, 
DOL regulations note that the Department of Homeland Security (DHS) (i.e., its immigration benefits branch, USCIS) is 
the department responsible for determining whether the content of an LCA filed for a particular Form 1-129 actually 
supports that petition. See 20 C.F.R. § 655.705(b). The regulation at 20 C.F.R. § 655.705(b) requires that USCIS ensure 
that "the petition is supported by an LCA which corresponds with the petition .... " 
16 Lack of sufficient consideration of alternatives is a basis that can adversely affect the evidentiary weight of an opinion. 
See Ambrosini v. Labarraque, 101 F.3d 129, 140 (D.C. Cir. 1996). 
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Moreover, without more specific and persuasive evidence regarding the nature of the proffered 
position's duties, and in the absence of a sufficiently reliable job description, the Petitioner has not 
demonstrated the substantive nature of the work to be performed by the Beneficiary.17 This, therefore, 
precludes analysis of whether the proffered position satisfies any criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). The record also does not demonstrate that performing the general duties 
described would require the theoretical and practical application of highly specialized knowledge and 
attainment of at least a bachelor's degree in a specific specialty or its equivalent. See section 214(i)(1) 
of the Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation). 
111. CONCLUSION 
The appeal will be dismissed for the above stated reasons related to ambiguities and inconsistencies 
in the record involving the proffered position's duties. These discrepancies call into question the 
substantive nature of the position and whether the LCA adequately corresponds to the position. 
Additionally, the advisory opinion submitted on appeal does not resolve the lack of detail and 
inconsistencies in the record and raises additional concerns. In visa petition proceedings, it is a 
petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
17 Because the Petitioner has not established the substantive nature of the work to be performed by the Beneficiary, it has 
not demonstrated that the proffered position meets the statutory definition of a specialty occupation. See Section 214(i)(I) 
of the Act. Therefore, further discussion of the issues raised on appeal regarding whether the Petitioner satisfies any 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) is not necessary. 
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