dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 18,2015 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, NONIMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a corporation engaged in the IT (Information Technology) business, seeks to 
temporarily employ the Beneficiary as a "Business Development Specialist" under the nonimmigrant 
classification of worker in a specialty occupation. See Immigration and Nationality Act (the Act) 
§ 101(a)(15)(H)(i)(b). 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service Center, 
denied the petition. The matter is now before us on appeal. The appeal will be dismissed. 
The Director denied the petition, upon finding that the evidence of record did not establish that the 
proffered position qualifies as a specialty occupation in accordance with the applicable statutory and 
regulatory provisions. On appeal, the petitioner asserts that the Director's ground for denying the 
petition was erroneous and contends that it satisfied all evidentiary requirements. 
The record of proceeding before us consists of (1) the Form I-129 and supporting documentation; 
(2) the Director's request for additional evidence (RFE); (3) the petitioner's response to the RFE; 
(4) the Director's decision denying the petition; and (5) the Notice of Motion or Appeal (Form 
I-290B) and supporting documentation. 
Upon review ofthe entire record of proceeding, we conclude that the Director's denial of the petition on 
the basis specified in her decision was correct. Accordingly, the appeal will be dismissed, and the 
petition will be denied. 
For the reasons that will be discussed below, we agree with the Director that the petitioner has not 
established that the proffered position is a specialty occupation. Accordingly, the appeal will be 
dismissed. 
I. LAW 
We start with a review of the statutory and regulatory framework for establishing a position as a 
specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
Matter of P-, Inc. 
(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.P.R. § 214.2(h)(4)(ii) states, in pertinent part, the following: 
Specialty occupation means an occupation which [ ( 1)] requires theoretical and 
practical application of a body of highly specialized knowledge in fields of human 
endeavor including, but not limited to, architecture, engineering, mathematics, 
physical sciences, social sciences, medicine and health, education, business 
specialties, accounting, law, theology, and the arts, and which [(2)] requires the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as 
a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.P.R. § 214.2(h)( 4 )(iii)( A), to qualify as a specialty occupation, a proposed position 
must meet one of the following criteria: 
(1) A baccalaureate or higher degree or its equivalent IS normally the m1mmum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(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. 
As a threshold issue, it is noted that 8 C.P.R. § 214.2(h)(4)(iii)(A) must logically be read together 
with section 214(i)(l) of the Act and 8 C.P.R. § 214.2(h)(4)(ii). In other words, this regulatory 
language must be construed in harmony with the thrust of the related provisions and with the statute 
as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (holding that construction 
of language which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Federal Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter of 
W-F-, 21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.P.R.§ 214.2(h)(4)(iii)(A) 
should logically be read as being necessary but not necessarily sufficient to meet the statutory and 
regulatory definition of specialty occupation. To otherwise interpret this section as stating the 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
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Matter of P-, Inc. 
particular positions meeting a condition under 8 C.P.R. § 214.2(h)(4)(iii)(A) but not the statutory or 
regulatory definition. See Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). To avoid this 
result, 8 C.P.R. § 214.2(h)(4)(iii)(A) must therefore be read as providing supplemental criteria that 
must be met in accordance with, and not as alternatives to, the statutory and regulatory definitions of 
specialty occupation. 
As such and consonant with section 214(i)(l) of the Act and the regulation at 8 C.P.R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets the 
term "degree" in the criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proffered 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"). Applying this standard, USCIS regularly approves H -1 B petitions for qualified aliens 
who are to be employed as engineers, computer scientists, certified public accountants, college 
professors, and other such occupations. These professions, for which petitioners have regularly been 
able to establish a minimum entry requirement in the United States of a baccalaureate or higher 
degree in a specific specialty, or its equivalent, directly related to the duties and responsibilities of 
the particular position, fairly represent the types of specialty occupations that Congress contemplated 
when it created the H-lB visa category. 
To determine whether a particular job qualifies as a specialty occupation, USCIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of 
the petitioning entity's business operations, are factors to be considered. USCIS must examine the 
ultimate employment of the alien, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor v. Meissner, 201 F. 3d 384. The critical element is not the title 
of the position or an employer's self-imposed standards, but whether the position actually requires 
the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into 
the occupation, as required by the Act. 
II. PROFFERED POSITION 
We here quote from the letter from the petitioner's CEO, which was submitted in response to the 
RFE. The CEO presents the proffered position's duties and responsibilities as follows: 
[A]s a Business Development Specialist, [the beneficiary] will [(1)] seek and provide 
information to help the company to determine our position in the marketplace; 
[(2)] gather data on competitors and [(3)] analyze their prices, sales, and method of 
marketing and distribution; [( 4)] gather data to determine supply and demand, 
[(5)] survey market conditions and [(6)] analyze other economic factors in order to 
[(7)] establish supply chain distribution; [(7)] gather data for low-cost transportation 
of products; [(8)] gather logistics operations; [(9)] collect and analyze data on 
customer demographics, preferences, needs and buying habits to [(1 0)] identify 
potential markets and factors affecting product demand; and [ ( 11)] participate in 
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(b)(6)
Matter of P-, Inc. 
planning and execution of programs designed to promote the company's overall 
activities. 
The letter continues with an estimation of how the beneficiary would manage his worktime: 
[The beneficiary] will be responsible for the larger/macro duties of market analysis 
and planning our delivery and product placement systems. He will spend about 80% 
of his time in those duties. These are extremely important tasks - and they are clearly 
tasks that are beyond the abilities of the non-college educated people who have 
attempted to fill this position for me. The other 20% of his time will be focused on 
sales related research to help identify new clients/customers markets. We anticipate 
that [the beneficiary's] sales forecasts will generate approximately 2-3 new 
client/customer contracts each month (the estimated value for goods and services will 
be between $15,000- $80,000 each.) 
As shown in the above excerpts from the CEO's RFE-reply letter, the petitioner limits its descriptions of 
the duties and responsibilities of the proffered position to statements of general functions that the 
beneficiary would perform. The petitioner, however, does not describe the particular work that 
performance of those functions would involve or specialized methodologies and analyses that the 
beneficiary would have to apply. 
Next, we see that the petitioner asserts the need for a person with at least a bachelor's degree, but 
without identifying a specific major or academic concentration. Also, the petitioner does not show that 
specific performance aspects of the proffered position require the theoretical and practical application of 
a body of highly specialized knowledge in a specific specialty, or range of closely related specialties, 
that can only be obtained through attainment of at least a bachelor's degree in a specific specialty, or its 
equivalent. The following excerpt from the CEO's RFE-reply letter reflects these aspects of the 
petition: 
[The beneficiary] has received the U.S. equivalent to a Bachelor of Arts from 
in Egypt. 1 I note that I have attempted several times unsuccessfully to hire 
someone for this position without a bachelor's degree. I have discovered (that] the 
requirements of the job , especially in such a small company as mine, are such that I 
cannot handle having someone do this work who needs significant training and who 
lacks the degree . . . . None of the more technical requirements of marketplace and data 
analysis can be done by someone without a degree. Also, in the past I have already 
found that the tasks that require development of our supply chain and the planning and 
execution of the actual sales and delivery of our products were beyond the abilities of 
people who did not possess a college degree. This is more than a simple sales 
1 The petitioner asserts that the beneficiary has attained a foreign degree equivalent to a U.S. bachelor's degree in 
accounting. (We will not address the sufficiency of the evidence offered to support the claim, as the beneficiary's 
credentials are not relevant to the issue before us.) 
4 
Matter of P -, Inc. 
position[;] it requires someone capable of analyzing what needs to be done, designing 
the systems for sales and delivery of our products and then executing that design. 
The CEO's letter adds that, if the petitioner's business is to expand, he needs someone with at least a 
bachelor's degree so that he will be able to delegate some of his business development and planning 
duties.2 
We are not questioning the CEO's veracity about the petitioner's attempts to employ persons without a 
bachelor's degree. However, as the petitioner has not provided documentary evidence of the particulars 
of those attempts - such as, for instance, the job-related experience and educational background of each 
employee who did not succeed, the employment period, and the particular duties he or she could not 
perform - the CEO statements shed little light on the factual basis for his conclusion that only a person 
with a bachelor's degree can perform the proffered position. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Soffici, 22 I&N Dec. at 165 (citing Matter of Treasure Craft of California, 
14 I&N Dec. 190). 
Further, the wording of the CEO's statement suggests a view that attainment of a bachelor's degree 
would be sufficient to equip a person for the job, regardless of the particular major or academic 
concentration for which it was awarded. That perspective does not accord with the H-1B specialty­
occupation requirement that the bachelor's or higher degree be in a specific specialty closely related to 
the performance requirements of the proffered position. 
Next, we find that the business-related documents submitted on appeal (which are described as 
"evidence of the substantial volume of business being undertaken by the petitioner, invoices, 
provision for transport, telephonic marketing data[,] and sample analysis of computer system from 
inventory") do not provide significant evidence of the substantive nature of the work and associated 
performance requirements that would engage the beneficiary if the petition were approved. Thus, 
they do not materially advance the petitioner's case for a specialty occupation determination on 
appeal. 
In line with the petitioner's submission of a Labor Condition Application (LCA) certified for use with 
a position within the Market Research Analysts and Marketing Specialists occupational group, 
Standard Occupational Classification (SOC) code 13-1161, we will analyze the proffered position as 
falling within that occupational category. 
2 The petitioner should note that we accord little weight to assertions that are not substantiated by evidence in the record. 
Going on record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof 
in these proceedings. Matter of Soffici, 22 I&N Dec. 158, 165 (Comm'r 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg'! Comm'r 1972) ). 
lVfatter of P-, Inc. 
III. ANALYSIS 
As discussed below, our application of the supplementary criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to 
the evidence of record leads us to conclude that the petitioner has not established that the proffered 
position is a specialty occupation. 
A baccalaureate or higher degree in a spectfic specialty. or its equivalent, is 
normally the minimum requirement/or entry into the particular position 
A pet1twner satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l) by establishing that a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry into the particular position that is the subject of the petition. 
We recognize the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) as an 
authoritative source on the duties and educational requirements of the wide variety of occupations that it 
addresses.3 As we noted, the petitioner asserted submitted an LCA for use with a position within the 
occupational category "Market Research Analysts and Marketing Specialists."4 
The subchapter of the Handbook entitled "How to Become a Market Research Analyst" states, in 
relevant part: 
Education 
Market research analysts typically need a bachelor's degree in market research or a 
related field. Many have degrees in fields such as statistics, math, and computer 
science. Others have backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics, psychology, and 
sociology, are also important. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a Master of Business 
3 All of our references are to the 2014-15 edition of the Handbook, accessible at http://www.bls.gov/ooh/. The 
Handbook's pertinent chapter, "Market Research Analysts," is accessible at http://www.bls.gov/ooh/business-and­
fi nanc ial/market- research -analysts. htm. 
4 The occupational category designated by a petitioner is considered as an aspect in establishing the general tasks and 
responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and educational 
requirements of the wide variety of occupations that it addresses. However, to satisfY the first criterion, the burden of proof 
remains 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. 
6 
(b)(6)
J'v!atter of P-, Inc. 
Administration (MBA). A master's degree is often required for leadership positions 
or positions that perform more technical research. 
Other Experience 
Most market research analysts can benefit from internships or work experience in 
business, marketing, or sales. \Vork experience in other positions that require 
analyzing data, writing reports, or surveying or collecting data can also be helpful in 
finding a market research position. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The _ offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion and 
marketing research. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
Market Research Analysts, on the Internet at http://www.bls.gov/ooh/business-and-financial/market­
research-analysts.htm#tab-4 (last visited Sep. 17, 2015). 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. That is, while the Handbook states that employees typically need a bachelor's 
degree in market research or a related field, it continues by specifying that many market research 
analysts have degrees in fields such as statistics, math, or computer science. According to the 
Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
It further states that courses in communications and social sciences (such as economics, psychology, 
and sociology) are also important. Therefore, although the Handbook indicates that market research 
analysts typically need an advanced degree, it also indicates that degrees and backgrounds in various 
fields are acceptable for jobs in this occupation- including computer science and the social sciences, 
as well as statistics and communications. 
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 
7 
Matter of P-, Inc. 
related to the duties and responsibilities of the particular position such that the required body of 
highly specialized knowledge is essentially an amalgamation of these different specialties. 5 Section 
214(i)(l )(B) of the Act (emphasis added). 
As noted, the Handbook also states that "others have a background in business administration." 
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. See 
Royal Siam Corp. v. Chertoff, 484 F.3d 147.6 
That is, USCIS interprets the degree requirement at 8 C.F .R. § 214.2(h)( 4 )(iii)( A) to require a degree 
in a specific specialty (or its equivalent) that is directly related to the proposed position. 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 administration, without further 
specification, does not establish the position as a specialty occupation. Cf Matter of Michael Hertz 
Associates, 19 I&N Dec. 558 (Comm'r 1988). Therefore, the Handbook's recognition that a general, 
non-specialty "background" in business administration is sufficient for entry into the occupation 
strongly suggests that a bachelor's degree in a specific specialty is not normally the minimum entry 
requirement for this occupation. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
5 Whether read with the statutory "the" or the regulatory "a," both readings denote a singular "specialty." Section 
214(i)(l )(B) of the Act; 8 C.F.R. § 214.2(h)( 4)(ii). Still, we do not so narrowly interpret these 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. This also includes even seemingly disparate specialties provided the evidence of record 
establishes how each acceptable, specific field of study is directly related to the duties and responsibilities of the 
particular position. 
6 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
!d. 
[t]he courts and the agency consistently have stated that, although a general-purpose bachelor's degree, 
such as a business administration degree, may be a legitimate prerequisite for a particular position, 
requiring such a degree, without more, will not justify the granting of a petition for an H-1 B specialty 
occupation visa. See, e.g., Tapis fnt'l v. INS, 94 F.Supp.2d 172, 175-76 (D.Mass.2000); Shanti, 36 F. 
Supp.2d at 1164-66; cf Matter of Michael Hertz Assocs., 19 I & N Dec. 558, 560 ([Comm'r] 1988) 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
8 
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Matter of P-, Inc. 
credential is granted by the to those who pass an exam and have at 
least three years of experience working in opinion and market research. 7 
We reviewed the Internet site, which confirms the accuracy ofthe 
Handbook's statement regarding the requirements for professional certification (i.e., passage of an 
exam and three years of relevant industry experience), and further specifies that the "Education" 
necessary to apply for professional certification is "12 industry-related education hours within the 
two preceding years." The website provides the following information 
about the Professional Researcher Certification program: 
The Professional Researcher Certification program (PRC) is designed to recognize 
the qualifications and expertise of marketing and opinion research professionals. The 
goal of PRC is to encourage high standards within the survey profession to raise 
competency, establish an objective measure of an individual's knowledge and 
proficiency and to encourage professional development. Achieving and maintaining 
PRC validates the knowledge of the market research industry and puts researchers in 
a select group of like-minded professionals. 
* * * 
Because PRC indicates to the public your ability to conduct marketing research, the 
PRC Board requires [a candidate] to have experience in the survey and opinion 
process. Three years of relevant experience is required. . . . A total of 12 industry­
related education hours within the two preceding years are required at time of 
application. Conferences, seminars, webinars, etc., must be added to [the candidate's] 
record. 
* * * 
The benefits of a Certification program are both industry-wide and individual. For the 
individual, it is a means of differentiating oneself, a "badge" of competence in the 
given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
The emphasizes that the credentialing program recognizes the 
qualifications and expertise of marketing and opinion research professionals, encourages high 
standards within the profession, and establishes an objective measure of an individual's knowledge 
7 The website states that the association was founded in and is the leading and 
largest U.S. association of For additional information, see 
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Matter of P-, Inc. 
and proficiency. According to the association's website, the credential indicates to the public an 
individual's ability to conduct market research. The narrative continues by stating that the credential 
provides a vehicle for developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. The website does not indicate that the market 
research analyst positions have any particular academic requirements for entry, nor does it indicate 
that these positions require any particular level of education to be identified as qualified and 
possessing a level of expertise/competence. Instead, the highlights the 
importance of professional experience and industry-related professional courses (through 
conferences, seminars, and webinars). 
Thus, the Handbook and the website do not support the claim that the 
occupational category "Market Research Analysts" is one for which normally the minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty, or its equivalent 8 -
and we find that the petitioner has not provided any documentation to qualify, rebut, or refute those 
sources. Aside from that, the petitioner has not provided evidence to support a finding that, as 
required by the first criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), its particular position submitted as 
the basis for the specialty occupation claim normally has such a minimum, specialty degree 
requirement or its equivalent. 
In the instant case, the duties and requirements of the pos1t10n as described in the record of 
proceeding do not indicate that this particular position proffered by the petitioner is one for which a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry. Thus, the petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
The requirement of a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is common to the industry in parallel 
positions among similar organizations 
The first of the two alternative prongs of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) alternatively calls for a 
petitioner to establish that a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent, is common for positions that are identifiable as being (1) in the petitioner's industry, 
(2) parallel to the proffered position, and also (3) located in organizations that are similar to the 
petitioner. 
8 When the Handbook does not support the proposition that a proffered position is one that meets the statutory 
and regulatory provisions of a specialty occupation, it is incumbent upon the petitioner to provide persuasive 
evidence that the proffered position more likely than not satisfies this or one of the other three criteria, 
notwithstanding the absence of the Handbook's support on the issue. It is the petitioner's responsibility to 
provide probative evidence (e.g., documentation from other objective, authoritative sources) that supports a 
finding that the particular position in question qualifies as a specialty occupation. Whenever the record of 
proceeding presents evidence from more than one authoritative source, an adjudicator will consider and weigh 
all of the evidence presented to determine whether the particular position qualifies as a specialty occupation. 
10 
Matter of P-, Inc. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d at 1165 
(D.Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
As previously discussed, the petitioner has not established that its proffered position is one for which 
the Handbook (or other independent, authoritative source) reports a standard industry-wide 
requirement for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we 
incorporate by reference the previous discussion on the matter. Also, there are no submissions from 
the industry's professional association indicating that it has made a degree a minimum entry 
requirement. In addition, the petitioner has not submitted letters, affidavits or other materials 
establishing the industry requirements for positions, parallel to the proffered position, in 
organizations similar to the petitioner. 
As the evidence of record has not established that a requirement of a bachelor's or higher degree in a 
specific specialty, or its equivalent, is common to the petitioner's industry in positions that are (1) in 
the petitioner's industry, (2) parallel to the proffered position, and also (3) located in organizations 
that are similar to the petitioner, the petitioner has not satisfied the first alternative prong of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
The particular position is so complex or unique that it can be performed only by 
an individual with a baccalaureate or higher degree in a 
specific specialty, or its equivalent 
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. 
For whatever complexity or uniqueness it has shown for the position, a petitioner must also show 
such a level of complexity or uniqueness as would require a person who has attained at least a 
bachelor's degree in a specific specialty or the equivalent. This the petitioner has not done. 
The petitioner has not sufficiently developed relative complexity or uniqueness as an aspect of the 
proffered position. The petitioner has ascribed numerous, generally described functions to the 
proffered position, and has asserted that performance of those functions is beyond the capabilities of 
persons without a bachelor's degree, or its equivalent. However, the evidence of record has not 
shown that complexity or uniqueness of the position generates performance requirements that can 
only be handled by a person equipped with a particular body of highly specialized knowledge 
obtainable only by attaining a U.S. bachelor's degree in a specific specialty or its equivalent in 
education, training, and/or experience. 
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Matter of P-, Inc. 
The petitioner claims that the beneficiary is well qualified for the pos1t10n, and references his 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. 
In short, the evidence of record does not satisfy the second alternative prong of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
The employer normally requires a baccalaureate or higher degree in a 
spec?fic specialty, or its equivalent, for the position 
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. To 
this end, we review the petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position, and any other documentation submitted by a 
petitioner in support of this criterion of the regulations. 
As the record reflects no history of the petitioner exclusively recruiting or hiring for the proffered 
position persons with a bachelor's degree in a specific specialty, or its equivalent, there is no 
evidentiary basis for satisfying the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3) .. 
The nature of the spec?fic 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 in a specific 5pecialty, or its equivalent 
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. 
We reviewed the petitioner's statements regarding the proffered position and its business operations, 
as well as all of the evidence in the record of proceeding. However, relative specialization and 
complexity have not been sufficiently developed by the petitioner as an aspect of the proffered 
position. That is, the proposed duties have not been described with sufficient specificity to establish 
that they are more specialized and complex than positions that are not usually associated with at least 
a bachelor's degree in a specific specialty, or its equivalent. 
Thus, the evidence of record does not satisfy the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 9 
9 Since the identified basis for denial is dispositive of the petitioner's appeal, we will not address additional grounds of 
ineligibility we observe in the record of proceeding. 
12 
Matter of P-, Inc. 
The petitioner has not established that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) and, therefore, it cannot be found that the proffered position qualifies as a 
specialty occupation. The appeal will be dismissed and the petition denied for this reason. 
IV. CONCLUSION AND ORDER 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter o[Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofP-, Inc., ID# 13835 (AAO Sept. 18, 2015) 
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