dismissed H-1B Case: Human Resources

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MATTER OF C-G- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 31,2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a recruiting agency, seeks to temporarily employ the Beneficiary as an "executive 
recruiter" 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-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, and we dismissed the appeal on the 
basis that Petitioner did not establish that the proffered position is a specialty occupation. 
The matter is before us on a motion to reopen. In its motion, the Petitioner submits a brief and 
additional evidence and asserts that our findings were erroneous. We will deny the motion. 
I. MOTION REQUIREMENT 
A motion to reopen is based on documentary evidence of new facts. The requirements of a motion 
to reopen are located at 8 C.F.R. § 103.5(a)(2). We may grant a motion that satisfies these 
requirements and demonstrates eligibility for the requested immigration benefit. 
II. ANALYSIS 
In support of the motion, the Petitioner submits a brief explaining why it believes the proffered 
position qualifies as a specialty occupation. It also submits the following documentation: 
• A copy of our decision dismissing the appeal; 
• Recent 
employment listings; 
• Letter dated May 3, 2016 from CFO of 
• Letter dated May 3, 2016 from H.R. Employee of 
• Sample work product and presentation materials for the proffered position ; 
• Petitioner 's current job posting for the proffered position; 
• Letter from the Petitioner's Director; and 
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Matter of C-G- Inc. 
• Wage Report from the FLC Data Center's Online Wage Library for Human 
Resources Specialists. 
On motion, the Petitioner asserts that the evidence of record satisfies all four alternate criteria under 
8 C.F.R. § 214.2(h)(4)(iii)(A). The Petitioner references previously submitted evidence, such as the 
information pertaining to other degreed employees it has on staff, a position evaluation by 
and copies of contracts from clients. Notably , the wording of the motion currently before us 
is very similar to the brief filed in support of the appeal. The Petitioner restates and expands on the 
duties of the proffered position, and relies on newly submitted evidence, such as a "sample work 
product," attestations, recent job vacancy announcements, and an assertion that it will increase the 
Beneficiary's hourly rate of compensation to establish that the petition should be approved. 
Although the Petitioner previously had the opportunity to describe the duties of the proffered 
position and explain how the nature of these duties was associated with a specialty occupation 
position, we will discuss the modified list of duties submitted on motion. Specifically, the Petitioner 
submits the following list of duties for consideration, with the newly added duties identified m 
italics: 
• Interview applicants to obtain information on work history, training, education, and 
job skills; Conducts interviews using various reliable personnel selection 
tools/methods to filter candidates within schedule. (5 hours/week) 
• Review and evaluate applicant qualification or eligibility for specified licensing, 
according to established guideline and designated licensing codes; Conducts 
detailed phone/video screenif}gs with candidates, evaluating candidates · 
qualtfications with specific job requirements, ensuring a right fit prior to 
submission to Hiring Manager; Assesses ' applicants ' relevant knowledge. skills, 
soft skills, experience and aptitudes, psychological tests ( 4 hours/w) 
• Screen and refer applicants to hiring personnel in the organization, making hiring 
recommendations when appropriate; assesses applicants; relevant knowledge 
skills, soft skills, experience and aptitudes, psychological tests (2 hours/w) 
• Contact applicants to inform them of employment possibilities , consideration and 
selection. (2 hours/w) 
• Conduct reference and background checks on applicants; Performs job and task 
analysis to document job requirements and objectives; Verifies educational and 
employment references (2 hours/w) 
• Advise managers and employees on staffing policies and procedures; Consults with 
hiring managers and/or administrators regarding positions, applications and 
corporation recruitment processes ; Designs and implement recruiting :'5trategy 
specialized in Korean global markets (2 hours/w) 
• Inform potential applicants about facilities , operations , benefits , and job or career 
opportunities in organizations. (2 hours/w) 
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Matter of C-G- Inc. 
• Perform searches for qualified candidates according to relevant job criteria, using 
computer databases, networking, Internet recruiting resources, cold calls, media, 
recruiting firms, and employee referrals. (3 hours/w) 
• Prepare and maintain employment records; Executes multiple requisitions which 
include accounting(finance, engineer, IT, operations, sales, and marketing for 
multinational Korean Global Fortune 500 conglomerates; Prepares and posts jobs 
to appropriate job board/newspapers/colleges etc.: attends career fairs and render 
career counseling to participants: Completes quarterly internal staff team 
performance reports and strategizes for internal organizational target goals and 
objectives (3 hours/w) 
• Hire applicants and authorize paperwork assigning them to positions; establishes 
efficient bridge between client-candidate through planning, marketing, negotiation 
(2 hours/w) 
Here, the Petitioner's expanded list of duties adds new responsibilities to the Beneficiaris position 
that were not previously identified in the record, rather than providing a more detailed description of 
the original duties associated with the proffered position. On motion, the Petitioner cannot offer a 
new position to the Beneficiary, or materially change a position's title, its level of authority within 
the organizational hierarchy, the associated job responsibilities, or the requirements of the position. 
The Petitioner must establish that the position offered to the Beneficiary when the petition was filed 
merits classification for the benefit sought. See Matter of Michelin Tire Corp., 17 I&N Dec. 248, 249 
(Reg'l Comm'r 1978). A petitioner may not make material changes to a petition in an effort to make 
a deficient petition conform to U.S. Citizenship 'and Immigration Services (USCIS) requirements. 
See Matter of Izummi, 22 I&N Dec. 169, 176 (Assoc. Comm'r 1998). 
Moreover, the Petitioner supplements the record with job vacancy announcements to establish that a 
bachelor's degree in a specific specialty was routinely required for parallel positions. 
We generally consider the following sources of evidence to determine if there is such a common 
degree requirement: 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 establish that such firms "routinely employ 
and recruit only degreed individuals." See Shanti. 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) (considering 
these "factors" to inform the commonality of a degree requirement)). 
Here, four of the vacancy announcements merely require a bachelor's degree, without stating a 
requirement that the degree be in a specific specialty. Moreover, two additional job postings 
indicate that a bachelor's degree in business administration is an acceptable prerequisite for entry 
into the position. The requirement of a general-purpose bachelor's degree, or a degree in business 
administration, is inadequate to establish that a position qualifies as a specialty occupation. A 
petitioner must demonstrate that the proffered position requires a precise and specific course of study 
that relates directly to the position in question. Since there must be a close correlation between the 
required specialized studies and the position, the requirement of a general degree, or a degree with a 
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Matter of C-G- Inc. 
generalized title, such as business administration , without further specification, does not establish the 
position as a specialty occupation. Cf Matter of Michael Hertz Asso cs., 19 I&N Dec. 558, 560 
(Comm'r 1988). 
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. We interpret 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. We have consistently stated 
that, 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. Royal 
Siam Corp. v. Cherto.ff, 484 F.3d 139, 147 (1st Cir. 2007). For these reasons, we find the content of 
these job vacancy announcements unpersuasive. 
Although the posting for requires a degree in human resources or its 
equivalent, the posting appears to be for a position more senior than the proffered position. Here, the 
Petitioner designated .Jthe proffered position as a Level I, entry-level position-. This job 
advertisement, in addition to its educational requirements, mandates a minimum of 1-2 years of 
experience. Therefore, this posting also is not representative of a standard industry requirement for 
parallel positions in similar organizations. 
In addition, the Petitioner submits sample work products and presentation materials, which it claims 
represents the work of the executive recruiter position in its company and establishes the position as 
being specialized and complex . However, they do not establish that the nature of the proffered 
position 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, as required by the fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
The duties of the proffered position contain insufficient indication of a nature so specialized and 
complex that they require knowledge usually associated with attainment of a minimum of a 
bachelor's degree in a specific specialty or its equivalent. Moreover, the Petitioner's designation of 
the proffered position in the LCA as a Level I (the lowest of four assignable levels) wage is 
indicative of a low, entry-level position relative to others within the occupational category, and 
hence one not likely distinguishable by relatively specialized and complex duties. The Petitioner has 
not established that the nature of the specific duties is so specialized and complex that the knowledge 
required to perform the duties is usually associated with the attainment of a baccalaureate or higher 
degree in a specific specialty, or its equivalent. 1 • 
1The "Prevailing Wage Determination Policy Guidance" issued by the DOL provides a description of the wage levels. A 
Level I wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to have a basic 
understanding of the occupation. This wage rate indicates : ( 1) that the Beneficiary will be expected to perform routine 
tasks that require limited , if any , exercise of judgment ; (2) that she will be closely supervised and his work closely 
monitored and reviewed for accuracy ; and (3) that she will receive specific instruction s on required tasks and expected 
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Matter ofC-G-Jnc. 
We further note the submission of two "attestations" from individuals at claimed client companies of 
the Petitioner. These letters, however, were previously submitted in support of the appeal and were 
considered in our analysis at that time. Reasserting previously stated facts or resubmitting previously 
provided evidence does not constitute "new facts." Even if we were to revisit these letters, we note 
upon further review that the language of each letter from these two different companies is virtually 
verbatim, thereby rendering the statements contained therein of little evidentiary weight. 
Finally, the Petitioner submits a letter dated January 27, 2017, requesting employment of the 
Beneficiary in the position of "executive recruiter" on a part-time basis at an increased hourly rate of 
$29.28. The Petitioner also submits an excerpt from the FLC Data Center's Online Wage Library, 
demonstrating that this rate of pay in commensurate with a Level II (qualified) position. The Form I-
129 and certified LCA submitted in support ofthe petition, however, designated the proffered position 
as a Level I (entry-level) position at an hourly rate of $21.77. 
As previously noted, the Petitioner cannot offer a new position to the Beneficiary, or materially 
change a position's title, its level of authority within the organizational hierarchy, the associated job 
responsibilities, or the requirements of the position. Rather,- the Petitioner must establish that the 
position offered to the Beneficiary when the petition was filed merits classification for the benefit 
sought. See Michelin Tire Corp., 17 I&N Dec. at 249. A petitioner may not make material changes 
to a petition in an effort to make a deficient petition conform to USCIS requirements. See Izummi, 
,22 I&N Dec. at 176.2 
III. CONCLUSION 
The petitioner has not demonstrated eligibility for the requested immigration benefit. 
ORDER: The motion to reopen is denied. 
Cite as Matter o.fC-G- Inc., ID# 460370 (AAO July 31, 2017) 
results. DOL, 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_ll_2009.pdf A wage determination start~ with an entry level wage and progresses to a higher wage 
level after considering the experience, education, and skill requirements of the Petitioner's job oppmiunity. !d. 
2 It is self-evident that a change in the designated wage level and accompanying rate of pay covered by the LCA filed 
with the Form I-129 is a material change in the terms and conditions of employment. The Petitioner's proposed change 
on motion, in an attempt to elevate the position's level of complexity, deprives the petition of an LCA certified on or 
before the date the instant petition was filed. In order to make such a change, the Petitioner in this case would be 
required to submit an amended or new H-I B petition with USC IS. 
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