dismissed H-1B Case: Human Resources Information Systems

U.S. Citizenship 
and Immigration 
Services 
In Re: 9454030 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 2, 2020 
The Petitioner, a primary and secondary public education system, seeks to temporarily employ the 
Beneficiary as a "human resources information systems (HRIS) analyst" under the H-lB nonimmigrant 
classification for specialty occupations. Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. § 110l(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 California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as 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 this 
matter de nova. See Matter of Christo 's Inc., 26 I&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-lB nonirnmigrant 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)(l) of the Act, 8 U.S.C. § 1184(i)(l), 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)(l) 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 ofa specialty occupation under 
8 C.F.R. § 214.2(h)(4)(i)(A)(I) states that an H-lB classification may be granted to a foreign national 
who "will perform services in a specialty occupation ... " ( emphasis added). 
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)(l) 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)(l). 
II. PROFFERED POSITION 
The Petitioner submitted a labor condition application (LCA)2 certified for a wage level II position 
located within the occupational category "Management Analysts" corresponding to the standard 
occupational classification (SOC) code 13-1111. The Petitioner provided the following job duties for 
the position: 3 
• 20% of the duties fall under the umbrella of "Human Resources Information Systems 
Configuration and Maintenance." Specifically, the holder of the position will be responsible 
for: 1. SAP configuration (including, but not limited to District salary schedule); 2. Creating 
and maintaining new jobs and organizational units and career ladders for teachers and other 
staff; 3. Ensuring accurate and timely creation of new positions in SAP; and 4. Performing 
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 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Cmp. 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 A petitioner submits the LCA to the Department of Labor (DOL) to demonstrate that it will pay an H-1 B 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). 
3 These duties were taken from the Petitioner's May 1, 2019 letter responding to USCIS' request for evidence. 
2 
daily maintenance of HRIS/SAP systems like Laserfiche, Aesop, Docusign, Applitrack and 
SAP. 
• 20% of the duties fall under the umbrella of "Human Resources Production." Specifically, the 
holder of the position will be responsible for: 1. Reviewing and approving requisitions for the 
new positions in the District; 2. Ensuring employment contracts (for teachers, principals and 
assistant principals), teacher retention forms and employee evaluation forms are tracked in a 
timely manner; 3. Ensuring extra service spreadsheets are reviewed and processed timely and 
accurately; 4 and 4. Partnering with the Director of Staffing/HRIS to ensure relevant sections 
of the Petitioner's Human Resources webpage are updated. 
• 20% of the duties fall under the umbrella of "Special Human Resources Projects/Process 
Improvement." Specifically, the holder of the position will be responsible for: 1. Updating 
Core Data Calendar for summer (June) and fall (August) as it relates to HRIS using tools like 
Gantt Chart, Tree Diagram, Matrix Diagram; and 2. Special projects and data analytics as they 
arise related to job code/employee reports, certification reports. 
• 20% of the duties fall under the umbrella of "Analytical Reports/Response to Data-Driven 
Queries." Specifically, the holder of the position will be responsible for: 1. Developing 
accurate and timely daily, weekly, monthly reports as well as ad hoc SAP reports for internal 
clientele ( e.g. separation reports, new hire reports, leave of absence reports, salary increases, 
attendance reports, Union reports, translation reports and active employee reports; and 2. 
Developing accurate and timely reports for external clientele (such as in response to 
government report requests). 
• 10% of the duties fall under the umbrella of "Individual Development." Specifically, the 
holder of the position will be responsible for: 1. Exercising individual judgment to deal with 
potential or real human resources challenges on own initiative and bringing them to the 
Executive Director of HRIS and/or Chief Human Resources Officer's attention with 
resolutions and recommendation for correcting problems; 2. Providing a high level of customer 
service for internal customers, responding to their human resources needs and requests with 
sense of urgency combined with professional interaction; and 3. Providing timely and accurate 
answers to questions related to various human resource concerns. 
• 5% of the duties fall under the umbrella of "Training." Specifically, the holder of the position 
will be responsible for providing individual and group training sessions, particularly on HRIS 
such as SAP and Kronos to team members when the need arises. 
• 5% of the duties fall under the umbrella of "Departmental Support." Specifically, the holder 
of the position will be responsible for providing support for other functions of the school 
district's human resources team as they provide direct human resources counseling services to 
4 The Petitioner indicated that the duty-ensuring extra service spreadsheets are reviewed and processed timely and 
accurately-would be shifted to the Finance Division. However, the Petitioner did not indicate when the shift would take 
place. 
3 
school district employees, including human resource generalists and worker's compensations 
benefit administrators. 
In order to perform the above-described duties, the Petitioner requires an individual with a bachelor's 
degree in business administration, human resources management, finance, or a related field, plus three 
years of related experience with human resources information systems (HRIS) and knowledge and 
experience working with HRIS software applications. 
III. ANALYSIS 
Upon review of the record in its totality, we conclude that the Petitioner has not sufficiently established 
the substantive nature of the services 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 10l(a)(l5)(H)(i)(b), 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(i)(A)(l), 8 
C.F.R. § 214.2(h)(4)(ii) and (iii)(A).5 
A. Nature of the position 
The proffered position is located within a public school system's human resources department with a 
stated aim of improving the allocation of resources for the recruitment, acquisition, and retention of 
teachers and other employees using data analytics tools as well as the overall decision-making process. 
In response to the Director's request for additional evidence, the Petitioner submitted a letter outlining 
its need for an HRIS analyst who would gather and analyze data to "help [the Petitioner] to deliver 
significant benefits to the organization's performance and allow the Human Resources Division to 
make decisions and take actions on the basis of real evidence, obtained by measuring quantifiable 
financial data metrics and analyzing that data, to understand the implications of people-related 
decisions across the organization." 6 To illustrate the work of the proffered position, the Petitioner 
gave examples of proprietary work product showing reports and graphics, 7 which it appears the 
Beneficiary created in this role. The work samples emphasize the position's focus on updating and 
tracking the Petitioner's human resource systems. 
As stated above, the Petitioner designates the position as being located within the "Management 
Analysts" occupational category on its LCA. However, the description of the duties of the proffered 
position do not describe a management analyst position. This mismatch creates ambiguity as to the 
substantive nature of the proffered position. In an effort to understand the substantive nature of the 
proffered position, we considered all the information the Petitioner submitted. 
5 The Petitioner submitted documentation to suppmt the H-1 B petition, including evidence regarding the proffered position 
and its business operations. Although we may not discuss every document submitted, we have reviewed and considered 
each one. 
6 Petitioner's May 1. 2019 declaration, paragraph 17. 
7 One example is a chart showing the average number of days it takes to fill a position organized by employment group 
and then the same information was organized by organizational category. Another cha1t shows how long it takes an 
individual employee to onboard from the recruitment through hiring phases of employment. A final work sample is a 
bubble map with the number of substitute teachers available for each school within the Petitioner's geographic area. These 
examples are found in Petitioner's May 1, 2019 declaration, paragraphs 29-30. 
4 
The Petitioner submitted two website printouts - one titled "How to Become an HRIS Analyst" (from 
the website Study.com) and another which provides general information about general HRIS Analyst 
positions (from the website leam.org) . First, we question the relevance of these printouts given that 
they do not provide any support to the Petitioner 's contention that the proffered position is aligned 
with a management analyst position, the occupation designated on the certified LCA. Furthermore , 
the printouts appear to be career preparation resources, not studies of industry-wide recruiting and 
hiring standards. The study.com printout appears promotional in nature containing multiple school 
listings highlighting degrees which may lead to an HRIS analyst position. The Petitioner seems to 
acknowledge, by submitting these printouts, that the proffered position is not a management analyst 
position, thus the relevance of these printouts is not apparent. 
In addition, the printouts do not support a conclusion that a bachelor's degree in a specific specialty is 
required for the proffered position . For instance, Study.com suggests that a bachelor's degree in 
computer science, business, information systems, or related fields can prepare someone for the 
position of HRIS Analyst. 8 Similarly, leam.org suggests that a bachelor's degree in information 
technology or a similar field is the educational requirement for an HRIS Analyst position . The 
Petitioner's evidence suggests multiple degree fields, including the general field of business, 9 may 
prepare an individual to perform the duties of an HRIS analyst position. The record does not establish 
how the knowledge gained from these disparate fields of study mentioned in these printouts comprise 
a "body of highly specialized knowledge" attained through study at a bachelor's-level in a specific 
specialty, or its equivalent. The printouts also do not promote an understanding of why the position 
was designated on the LCA under the management analyst classification category. Most importantly, 
the printouts are not helpful in understanding the substantive nature of the proffered position . 
The Petitioner submitted two letters as evidence of industry standards for similar positions, however 
the letters also do not help us understand the substantive nature of the position, because again, these 
positions do not align with those of a management analyst position. Both letters describe that 
individuals with degrees in business administration, human resources management , finance, or similar 
fields of study are recruited for similar positions and that it is common for educational systems, like 
the Petitioner, to require the minimum of a bachelor's degree with several years of related HR 
experience including working with HR information systems. However, these letters contain 
contradictions and conclusions, which undennine their relevance. For instance, one writer contradicts 
8 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)(l)(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)(l)(B) of the Act (emphasis added). 
9 A bachelor 's degree in business, with no further specialization , is inadequate to establish that a position qualifies as a 
specialty occupation. 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. See also Vision Builders , LLC v. USCIS, No. 19-3159, 20 WL 5891546, at *4 (D.D.C. Oct. 5, 2020) The Petitioner 
does not expound upon the focus of the business degree, specifically as it directly relates to the duties of the proposed 
position . 
5 
the degree requirements for the position by describing the HRIS Analyst in her organization as having 
a "Master's degree in Computer Science and possesses 23 [sic] experience in Information Technology 
which includes HR information systems." Computer science is not one of the Petitioner's acceptable 
degree fields, thus this letter contradicts the Petitioner's educational requirements for the proffered 
position, and no distinction is made in the letter to account for this contradiction. The writer also notes 
that the HRIS Analyst position in her school district requires a "degree in Computer Science, 
Informational Technology, Business Information Systems or Education Technology ... ", none of 
which are degrees in the Petitioner's list of acceptable degree-fields and which contradict the writer's 
earlier recitation of the acceptable degrees. The second letter describes the position as an "HRIS 
Analyst" and "HRIS Specialist" interchangeably and concludes that a general bachelor's degree 
(without specific mention to a degree field) is required to perform the position's duties. Accordingly, 
the inconsistencies and contradictions found in these letters cast doubt as to the proffered position's 
true degree field requirements and highlight the ambiguity of the substantive nature of the proffered 
position. 
The Petitioner submitted eleven job postings, which were carefully considered. 10 To be relevant to our 
analysis of whether the position is a specialty occupation, the job postings must advertise "parallel 
positions," and they must have been placed by organizations that (1) conduct business in the Petitioner's 
industry and (2) are also "similar" to the Petitioner. These job postings do not satisfy the threshold 
requirement because the advertised job opportunities are not for "parallel positions." 11 
The submitted job postings advertised positions such as "HRIS Data Analyst I," "Human Resources 
Data Strategist," "Payroll & HRIS Systems Analyst (Administrative Analyst/Specialist-Exempt 
II/Human Resources," "HRIS Lead," "HR Coordinator," "HR Business Partner," "Human Resources, 
Product, Services & Policy, Project Manager," "Business/Integration Analyst," "HR Administrator," 
and "Core Data Analyst." None of these positions are for management analyst positions, which again 
highlights the ambiguity in the record regarding the substantive nature of the position. In addition, a 
majority of the positions appear senior to the proffered position as they have responsibility over an 
entire department, unlike the proffered position which is housed within the Human Resources 
Division. Additionally, two of the job postings prefer a candidate with a minimum of a master's 
degree in human resources management, education management, business management, 
organizational effectiveness, or related fields, which are distinct and higher-level educational 
requirements than those required by the Petitioner. Another job posting states that a candidate with a 
bachelor's degree would be required to possess at least five years of work experience. These 
distinctions indicate that the advertised positions are not actually "parallel" to the proffered position 
and the postings do not help us in determining the substantive nature of the position. 
10 The Petitioner submitted seven job postings in response to USCTS' request for additional evidence, and four additional 
job postings with this appeal. 
11 When determining whether the employer posting a job listing and the Petitioner share the same general characteristics, 
factors to be considered may include information regarding the nature or type of organization and, when pertinent, the 
particular scope of operations, as well as the level ofrevenue and staffing. While some of these postings appear to have 
been placed by K-12 public school districts, others were placed by community colleges and institutions of higher education, 
which are not institutions parallel to the Petitioner. 
6 
Furthermore, the educational requirements in the job postings include a wide range of fields including 
human resources, computer science, business education, accounting, finance, education, business 
administration, public administration, organizational effectiveness, business management, 
management information systems, organizational development, information technology, education 
management, human resources management, organizational management, research-related fields or 
other related fields. The job postings make plain that these positions require several years of 
experience and familiarity with information systems used in human resources and payroll departments 
and that a wide range of fields of study are acceptable to perform the duties for these positions. Even 
if the advertised positions could be considered parallel to the proffered position, which has not been 
established in the record, the wide variety of acceptable degrees undermines a claim that a bachelor's 
degree in a specific specialty, or its equivalent, is required to perform the duties of the position. 12 
More importantly, the information in these job postings highlight the ambiguity of the substantive 
nature of the position and undermine the Petitioner's claim that the position's duties are aligned with 
those of a management analyst since the Petitioner did not submit any job postings for a management 
analyst position. The record does not contain any explanation for the omission of management analyst 
job postings, which creates doubt as to the substantive nature of the proffered position. 
The Petitioner submitted evidence showing that the prior holder of the proffered position had a 
bachelor's of science degree in computer technology and a double master's degree in human resources 
development and information technology. Courts have determined that the record must establish that 
a petitioner's stated degree requirement is not a matter of preference for high-caliber candidates but is 
necessitated instead by the performance requirements of the position. See Defensor v. Meissner, 
201 F.3d 384, 387-88 (5th Cir. 2000). Here, the Petitioner provided evidence confirming that it 
previously employed this individual, however the evidence did not include a description of the former 
employee's duties or their salary, which makes it difficult to ascertain whether the duties and level of 
responsibility were the same. Moreover, the credentials of the former employee do not demonstrate 
that the performance requirements of this particular position require a bachelor's degree in a specific 
specialty. As discussed, acceptance of degrees in multiple unrelated fields to perform the duties of a 
position generally undermine a petitioner's claim that a proffered position is a specialty occupation. 13 
If a degree in any analytical or business or information technology field would equally prepare an 
individual to perform the duties of a proffered position, then we question how the position involves a 
"highly specialized body of knowledge" or requires a bachelor's degree, or the equivalent, in a 
"specific specialty." 14 
The Petitioner also asserts on appeal that because every position in its department is held by an individual 
with a bachelor's degree, it has established that the position is a specialty occupation. However, if the 
proffered position requires nothing more than a general bachelor's degree, the Petitioner has not 
satisfied either the statutory definition of a "specialty occupation" at section 214(i)(l)(B) of the Act 
or the regulatory definition of a specialty occupation at 8 C.F.R. § 214.2(h)(4)(ii). Again, a petitioner 
must demonstrate that the proffered position requires a precise and specific course of study that relates 
directly and closely to the position in question. There must be a close correlation between the required 
specialized studies and the position; thus, the mere requirement of a degree, without further 
12 See, supra note 8. 
13 Id. 
14 "A position that requires applicants to have any bachelor's degree, or a bachelor's degree in a large subset of fields, can 
hardly be considered specialized." Caremax, Inc. v. Holder, 40 F.Supp.3d 1182, 1187-88 (N.D. Cal. 2014) 
7 
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) ("The mere requirement of a college degree for the 
sake of general education, or to obtain what an employer perceives to be a higher caliber employee, 
also does not establish eligibility."). Here, the Petitioner has shown that the prior holder of the 
proffered position held degrees in computer technology, human resource development, and 
information technology. In addition, other members of the Petitioner's human resources team hold 
degrees in psychology, sociology, business, educational technology, educational leadership, human 
resources management, and social studies. The wide range of degree fields held by the members of 
the Petitioner's human resources department staff further highlights that the Petitioner maintains a 
preference for degreed individuals but not that the proffered position itself requires a degree in a 
specific specialty, which is the standard. While a general-purpose bachelor's degree 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. 
We have considered the Petitioner's argument that the position is complex, unique, and/or specialized 
due to the Petitioner being a large primary and secondary public education system with a recent history 
of accreditation and financial management issues and human resource shortfalls. However, the 
Petitioner has misapplied the standard used to judge a position's complexity, uniqueness and/or level 
of specialization and did not submit persuasive evidence to show how its financial and accreditation 
issues make the position more complex, unique, and/or specialized. U.S. Citizenship and Immigration 
Services (USCIS) considers the complexity, uniqueness, and/or specialization of a position within the 
context of a petitioner's business or operational needs and in the profession as a whole. USCIS is not, 
however, required to consider the unique nature of a petitioner's recent financial or human resource 
shortfalls unless that petitioner also demonstrates how that history impacts the proffered position's 
duties. Here, the Petitioner has not demonstrated how the proffered position's duties have evolved or 
been impacted by its unique history. The Petitioner describes duties such as generating reports using 
human resource systems and maintaining human resource systems, which appear to be typical duties 
housed within an HR department and do not appear to be unique, complex, and/or specialized, even 
when viewed in the context of the Petitioner's history of accreditation and financial problems. The 
Petitioner has also described that it previously employed an individual in this position but it neglected 
to provide that individual's duties in order to see if the level of complexity had increased or the level 
of responsibility of the position had changed in response to its history. 
Even if the Petitioner describes the position as "not a traditional HR-type role, but rather, [] a reflection 
of the merger of HR with an organization's business needs, incorporating analytics and finance 
principles and utilizing technology within the Human Resources Division," 15 the duties of the position 
do not reflect that complexity. The Petitioner describes a key function of the position as having 
"responsibility for developing and maintaining a partnership with [the Petitioner's] Finance 
Division," 16 which the Petitioner argues is critical to its operations. Arguably, this function may 
require the need for specialized knowledge in finance. However, this responsibility is not reflected in 
the above description of the proffered position's duties and is too vaguely worded to allow us to 
ascertain what it means to develop and maintain a partnership with the Finance Division or why this 
15 Counsel's brief in support of appeal at page 5. 
16 Counsel's brief in support of appeal at page 14. 
8 
key function would require a bachelor's level of specialized knowledge in finance. In sum, the 
amorphous nature of this responsibility does not suggest the need for a bachelor's degree in a specific 
specialty. Moreover, to the extent that the Petitioner is arguing that this responsibility alone reflects 
the relative complexity, uniqueness, and/or specialization of the position, the Petitioner did not submit 
persuasive or probative evidence to establish this. In other words, the Petitioner did not sufficiently 
develop relative complexity, uniqueness and/or specialization as an aspect of the duties of the position, 
and it did not identify specific tasks that are so complex, unique and/or specialized that only a 
specifically degreed individual could perform them. 
The Petitioner appears to be suggesting that accountability in the role of an HRIS Analyst is important 
to avoid future financial or human resource strains on its operations. However, the Petitioner has not 
specifically explained how that accountability impacts upon the position's duties. Absent such a 
demonstration, the accountability or qualifications of the Beneficiary are not the standard applied in 
determining if a position is complex, unique and/or specialized. The test to establish a position as a 
specialty occupation is not the skill set or education of a proposed beneficiary, but whether the position 
itself qualifies as a specialty occupation. Thus, whether or not the Beneficiary in this case has 
satisfactorily performed the duties of the proffered position 17 is irrelevant to the issue of whether the 
proffered position qualifies as a specialty occupation, i.e., whether the duties of the proffered position 
require the theoretical and practical application of a body of highly specialized knowledge and the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent. Section 214(i)(l) of 
the Act; 8 C.F.R. § 214.2(h)(4)(ii). 
The Petitioner has not provided sufficient information to determine the substantive nature and scope 
of the Beneficiary's employment including ( 1) the complexity, uniqueness and/ or specialization of the 
job duties; and, (2) the correlation between that work and a need for a particular level of highly 
specialized knowledge in a specific specialty. 
B. Labor Condition Application Does Not Correspond to and Support the Petition 
As stated above, the Petitioner submitted a LCA on which the proffered position is designated as level 
II wage under the occupational category "Management Analysts" corresponding to the standard 
occupational classification (SOC) code 13-1111. 
The Occupational Information Network (O*NET) states that management analysts "[c]onduct 
organizational studies and evaluations, design systems and procedures, conduct work simplification 
and measurement studies, and prepare operations and procedures manuals to assist management in 
operating more efficiently and effectively." 18 Based on this description and by comparing a 
management analyst's tasks (as described in O*NET) with the proffered position's duties, we question 
17 The Petitioner indicates that the Beneficiary has been employed in the position since October 2018 and submits work 
product produced by the Beneficiary using Access databases, Excel Macros, PowerView, and PowerBI to create data 
visualizations and utilizing different tools such as Geographic Information Systems, Tooltips, What-If analysis, and Key 
Performance Indicator to showcase various HR metrics such as new hire, separation, school roster, time to fill, and 
scorecard, etc. with real-time mapping technology. This work product was carefully reviewed and casts the position as a 
technology position and not within the parameters of a management analyst position. 
18 See, https://www.onetonline.org/link/summary/13-l l l 1.0 (last visited Sept. 10, 2020). 
9 
whether the proposed position m fact fall within the parameters of a "Management Analysts" 
occupation. 
The proffered position's duties are primarily concerned with supporting the Petitioner's human 
resources department in the acquisition and retention of teachers and other critical staff by creating 
data-driven reports and updating and maintaining human resource systems. In addition, the position 
configures and maintains HR systems, tracks employee contracts and performance reviews, updates 
the website, and provides data-driven analytic reports. In particular, we have considered the 
Petitioner's argument that the position requires the use of data analytics and information systems, 
which are tools used by management analysts. However, the use of data analytics and knowledge of 
third-party technology, such as the SAP platform, are tools used in multiple occupations and is not a 
focus of a management analyst's tasks (as described in O*NET). Overall, the Petitioner's description 
of duties, and the focus of the position on supporting the Petitioner's human resources acquisitions 
does not appear to correspond to the occupation of a management analyst. 19 Therefore, it appears that 
the incorrect SOC code was designated on the LCA and that the certified LCA does not correspond to 
the petition. The Petitioner's choice of an apparently incorrect occupation on the LCA creates farther 
ambiguity regarding the proffered position's substantive nature, which has not been rectified in the 
record of proceeding. 
IV. CONCLUSION 
The Petitioner has not established the substantive nature of the proffered position and that the LCA 
corresponds to the petition. Consequently, this precludes finding that the proffered position satisfies 
any criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). The Petitioner has not established that more likely than 
not, the proffered position is a specialty occupation under any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) and that the proffered position qualifies as a specialty occupation pursuant to the 
statutory and regulatory definitions of specialty occupation. 
ORDER: The appeal is dismissed. 
19 We need not determine which occupational category best applies to the proffered position. Neveitheless, for illustrative 
purposes, we note similarities between the proffered duties and those of "Human Resources Managers" (SOC code 11-
3121 ), ·'Human Resources Specialists" (SOC code 13-1071), ·'Business Intelligence Analyst" (SOC code 15-1199.08), 
and "Operations Research Analysts" (SOC code 15-2031). For more information on these particular occupations, see 
O*NET online at https://www.onetonline.org (last visited Sept. 10, 2020). 
10