dismissed H-1B Case: Human Resources

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-S-D-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 27, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a management , and distribution service company , seeks to temporarily employ the 
Beneficiary as a "human resources specialist" under the H-lB 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 of the Vermont Service Center denied the petition, concluding that the proffered position 
does not qualify as a specialty occupation. On appeal, the Petitioner asserts that the Director erred and 
the evidence supports an approval of the petition. 
Upon de nova review , we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
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: 
(1) A baccalaureate or higher degree or its equivalent is nonnally the minimum 
requirement for entry into the particular position; 
Matter of T-S-D-, LLC 
(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). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as a human resources 
specialist. In its letter of support, the Petitioner provided 10, general job duties for the proffered 
position. In response to the Director's request for evidence (RFE) and on appeal, the Petitioner submits 
additional information for the job description, including the approximate percentage of time the 
Beneficiary will spend on each duty, information on how the Beneficiary will carry out each duty, and 
the relevant coursework taken by the Beneficiary. 1 According to the Petitioner, the proffered position 
requires a bachelor's degree in human resources, or a related field. 
III. ANALYSIS 
For the reasons set out below, we have determined that the proffered position does not qualify as a 
specialty occupation. 2 Specifically, the record does not establish that the job duties require an 
educational background, or its equivalent, commensurate with a specialty occupation. 3 
A. First Criterion 
We tum 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 
1 For the sake of brevity, we will not quote the job descriptions; however, we have closely reviewed and considered them. 
2 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 The Petitioner submitted documentation in support of 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. 
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Matter of T-S-D-, LLC 
(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)5 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Human Resources Specialists" 
corresponding to the Standard Occupational Classification (SOC) code 13-1071. 
The Handbook subchapter entitled "How to Become a Human Resources Specialist," states, in 
pertinent part, that "human resources specialist usually must have a bachelor's degree in human 
resources, business, or a related field." 6 The requirement of a bachelor's degree in business 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 degree with a generalized title, such as 
business, without further specification, does not establish the position as a specialty occupation. Cf 
Matter of Michael Hertz Assocs., 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. As explained above, 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, 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., 484 F.3d 
at 147. 
The Petitioner referenced DOL's Occupational Information Network (O*NET) summary report for 
"Human Resources Specialists" listed as SOC code 13-1071.00 for our consideration under this 
criterion. 
Though relevant, the information the Petitioner submits from O*NET does not establish the 
Petitioner's eligibility under the first criterion, as it does not establish that a bachelor's degree in a 
specific specialty, or the equivalent, is normally required. The summary report provides general 
information regarding the occupation; however, it does not support the Petitioner's assertion regarding 
4 We do not maintain that the Handbook is the exclusive source ofrelevant 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 we regularly review the Handbook on the duties and educational requirements of the wide variety of 
occupations that it addresses. Nevertheless, to satisfy the first criterion, the burden of proofremains 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. 
5 A petitioner submits the LCA to U.S. Department of Labor to demonstrate that it will pay an H-IB 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. 
§ 655.73l(a). 
6 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Human Resources Specialists 
https://www.bls.gov/ooh/business-and-financial/human-resources-specialists.htm#tab-4 (last visited Sept.26, 2019). 
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Matter of T-S-D-, LLC 
the educational requirements for these positions. For example, the Specific Vocational Preparation 
(SVP) rating, which is defined as "the amount oflapsed time required by a typical worker to learn the 
techniques, acquire the information, and develop the facility needed for average performance in a 
specific job-worker situation," cited within O*NET's Job Zone designates this position as having an 
SVP 7 < 8. This indicates that the occupation requires "over 2 years up to and including 4 years" of 
training. 7 While the SVP rating provides the total number of years of vocational preparation required 
for a particular position, it is important to note that it does 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. 8 The O*NET summary report for this occupation also 
does not specify that a degree is required, but instead states, "most of these occupations require a four­
year bachelor's degree, but some do not." Similar to the SVP rating, the Job Zone Four designation 
does not indicate that any academic credentials for Job Zone Four occupations must be directly related 
to the duties performed. O*NET, therefore, also does not support the assertion that at least a bachelor's 
degree in a specific specialty, or its equivalent, is normally the minimum requirement for these 
positions. 
In addition, the Petitioner submitted a printout entitled "What Can I do with a Human Resources 
Degree?" However, similar to the Handbook, the printout reports that a general degree in business 
may be sufficient for entry. 
In the instant matter, the Petitioner has not provided sufficient documentation from a probative, 
authoritative source to substantiate its assertion regarding the minimum requirement for entry into this 
particular position. 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 concentrates on 
the common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
7 This training may be acquired in a school, work, military, institutional, or vocational environment. Specific vocational 
training includes: vocational education, apprenticeship training, in-plant training, on-the-job training. and essential 
experience in other jobs. 
8 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/ 
online/svp. 
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Matter of T-S-D-, LLC 
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)). 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook, or other 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. 
In support of this criterion, the Petitioner submitted copies of job announcements placed by other 
employers. However, upon review of the documents, we find that the Petitioner's reliance on the job 
announcements is misplaced. First, we note that some of the job postings do not appear to involve 
organizations similar to the Petitioner. For example, the Petitioner is a 5-person management and 
distribution service company, whereas the advertising organizations include: 
• Bowlero Corporation - a bowling and entertainment company; 
• The Marin Organization - a construction labor company; 
• Loadsmart - a technology company that specializes in foll truckload shipping; and 
• Milbank, Tweed, Hadley & McCloy, LLP - a law firm. 
The Petitioner did not supplement the record of proceedings to establish that these advertising 
organizations are similar. 
When determining whether the Petitioner and the organization share the same general characteristics, 
such factors may include information regarding the nature or type of organization, and, when pertinent, 
the particular scope of operations, as well as the level of revenue and staffing ( to list just a few elements 
that may be considered). It is not sufficient for the Petitioner to claim that an organization is similar 
and conducts business in the same industry without providing a legitimate basis for such an assertion. 
Moreover, many of the advertisements do not appear to involve parallel positions. For example, some 
of the advertisements appear to advertise more senior, experienced employment than the proffered 
position. 9 Further, some of the postings do not include sufficient information about the tasks and 
responsibilities for the advertised positions. Thus, the Petitioner has not sufficiently established that 
the primary duties and responsibilities of the advertised positions are parallel to those of the proffered 
position. 
9 For instance, the posting placed by E-Commerce states a requirement for a bachelor's degree and 8 to 12 years ofrelated 
business experience. 
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Matter of T-S-D-, LLC 
In addition, some of the postings do not indicate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. 1° For instance, the posting placed by The Marin 
Organization states that a bachelor's degree is required, but it does not state the specific specialty. 
Moreover, the posting placed by Milbank, Tweed, Hadley & McCloy, LLP states that "[a] 4-year 
college degree required, preferably in Human Resources or Organizational Psychology." A preference 
for a degree in a field is not necessarily an indication of a minimum requirement. Overall, the job 
postings suggest, at best, that although a bachelor's degree is sometimes required for these positions, 
a bachelor's degree in a specific specialty (or its equivalent) is not. 11 
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. 12 That is, not every deficit of every job posting has been addressed. 
Without more, the Petitioner has not provided sufficient evidence to establish that a bachelor's degree 
in a specific specialty, or its equivalent, is common to the industry in parallel positions among similar 
organizations. 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. 
The Petitioner submitted a list of job duties and the percentage of time the Beneficiary would devote 
to certain tasks, along with information on how the Beneficiary will carry out each duty and the 
Beneficiary's relevant coursework. However, the record does not demonstrate that the necessary 
knowledge for the proffered position is attained through an established curriculum of particular 
courses leading to a baccalaureate or higher degree in a specific specialty, or its equivalent. While a 
few related courses may be beneficial in performing certain duties of the position, the Petitioner has 
10 As discussed, the degree requirement set by the statutory and regulatory rramework of the H-lB program is not just a 
bachelor's or higher degree, but a bachelor's degree in a specific specialty that is directly related to the duties of the 
position. See section 214(i)(l)(b) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). Further, a preference for a degree in a field is 
not necessarily an indication of a minimum requirement. 
11 It must be noted that even if all of the job postings indicated that a requirement of a bachelor's degree in a specific 
specialty is common to the industry in parallel positions among similar organizations (which they do not), the Petitioner 
has not demonstrated what statistically valid inferences, if any, can be drawn from the adve1iisements with regard to 
determining the common educational requirements for entry into parallel positions in similar organizations. See generally 
Earl Babbie, The Practice of Social Research 186-228 ( 1995). Moreover, given that there is no indication that the 
advertisements were randomly selected, the validity of any such inferences could not be accurately determined even if the 
sampling unit were sufficiently large. See id. at 195-196 (explaining that "[r]andom selection is the key to [the] process 
[ of probability sampling]" and that "random selection offers access to the body of probability theory, which provides the 
basis for estimates of population parameters and estimates of error"). 
12 The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. 
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Matter of T-S-D-, LLC 
not demonstrated how an established curriculum of such courses leading to a baccalaureate or higher 
degree in a specific specialty, or its equivalent, is required to perform the duties of the proffered 
position. In fact, the duties as described by the Petitioner, which includes tasks such as "[t]raining and 
mentoring new franchisees and providing ongoing management support for all store managers and 
assistant store managers" and "[h]iring and acknowledging all important Federal and State 
Employment Law sources and issues" do not appear to be so complex or unique such that a degree in 
a specific specialty would be necessary to perform them. 
In addition, the Petitioner provided copies of the Beneficiary's sample work products. However, the 
Petitioner did not sufficiently explain how these documents distinguish and differentiate the duties of 
the proffered position from the typical duties performed by other human resources specialists, and why 
the proffered duties require a baccalaureate ( or higher degree) in a specific specialty, or its equivalent, 
as claimed. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references her 
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) entails an employer demonstrating that it normally 
requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
Upon review of the record, we find that the Petitioner did not submit information regarding employees 
who currently or previously held the position. The record does not establish that the Petitioner 
normally requires at least a bachelor's degree in a specific specialty, or its equivalent, directly related 
to the duties of the position. 13 Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent. 
13 In support of this criterion, the Petitioner submitted a copy of its job posting for the position of "Accounting Amin 
Associate," but did not submit a posting for the proffered position. Therefore, without more, this information does not 
appear to be relevant to the instant matter. 
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Matter of T-S-D-, LLC 
Upon review, we conclude that relative specialization and complexity have not been sufficiently 
developed by the Petitioner as an aspect of the proffered position. We note the Petitioner's submission 
of a detailed overview of the proffered position. However, while the evidence submitted demonstrates 
that the position may require that the Beneficiary possess some skills and knowledge in order to 
perform these duties, the Petitioner has not sufficiently explained how these tasks 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. Thus, the Petitioner has not demonstrated 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 appeal will be dismissed for the above stated reasons, with each considered an independent and 
alternative basis for the decision. In visa petition proceedings, it is the 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. 
Cite as Matter ofT-S-D-, LLC, ID# 4663513 (AAO Sept. 27, 2019) 
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