dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-D-S- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 9, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a product development and information technology software services company, seeks 
to temporarily employ the Beneficiary as a "computer programmer" under the H-lB nonimmigrant 
classification. See Immigration and Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(H)(i)(b). The Director, California Service Center, denied the petition and reaffirmed 
her denial decision in response to the Petitioner's subsequent motions. The matter is now before us 
on appeal. Upon de novo review, we will dismiss the appeal. 
I. ISSUE 
The issue before us is whether the proffered position qualifies as a specialty occupation m 
accordance with the applicable statutory and regulatory provisions. 
II. SPECIALTY OCCUPATION 
As noted, the issue before us is whether the evidence of record demonstrates by a preponderance of 
the evidence that the Petitioner will employ the Beneficiary in a specialty occupation position. 
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A. Legal Framework 
For an H-lB petition to be granted, the Petitioner must provide sufficient evidence to establish that it 
will employ the Beneficiary in a specialty occupation position. To meet its burden of proof in this 
regard, the Petitioner must establish that the employment it is offering to the Beneficiary meets the 
applicable statutory and regulatory requirements. 
1 
We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
Matter of C-D-S- LLC 
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) 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.F.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 minimum 
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.F.R. § 214.2(h)(4)(iii)(A) must logically be read together 
with section 214(i)(1) of the Act and 8 C.F.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 
oflanguage which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Fed. Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter ofW-F-, 
21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.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 
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Matter of C-D-S- LLC 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
particular positions meeting a condition under 8 C.F.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.F .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.F.R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets the 
term "degree" in the criteria at 8 C.F.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 
individuals 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-1B 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. users must examine the 
ultimate employment of the individual, 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. 
B. The Proffered Position 
The record of proceedings contains varied descriptions of the duties of the proffered position. In its 
support letter, the Petitioner provided the following information regarding the duties of the proffered 
position: 
[The Beneficiary] will design and develop programs for [the Petitioner's] 
products and will code, test, implement and maintain existing programs. In particular, 
[the Beneficiary] will design and develop programs using Java, JavaScript, XML, 
Oracle, SQL and Web Services. In particular, [the Beneficiary] will be involved in 
developing & testing programs sing database related software packages. Other 
responsibilities will include fact-finding programming analysis of routine problems, 
analysis of performance of existing programs, correcting deficiencies by interacting 
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Matter of C-D-S- LLC 
with the product team; will work in a team environment developing user friendly 
product capabilities. 
The Petitioner stated that it requires its computer programmers to hold a "Bachelor[']s degree in one 
of a variety of industry recognized areas including computer science, Electronics and 
Communication, Engineering, Statistics, mathematics, or a related field." 
With its support letter, the Petitioner also submitted an unsigned document entitled "Proffered 
Position Qualifies as a Specialty Occupation & Evidence of Employer-Employee Relationship," in 
which it provided virtually the same duties in the "Position Offered" section of the letter and which 
stated that the position "doesn't require supervising or directing other employees." The Petitioner 
also provided another version of the duties of the proffered position in the "Detailed Job 
Description" section of the letter as follows (verbatim): 
Develop high level and detailed design Documents for Predictive Analytics. 
Candidate will work under the Supervision of the Technical Lead. Work closely with 
Data Architect and Database Administrator to understand the existing architecture. 
Extract, Load and transform data from data sources into target databases. Develop 
and execute data migration test plans. Design and implement appropriate error 
handling procedures. Capture metadata as it pertains to sources/targets. Be fluent in 
the business concepts related to data models provided; Understands and adheres to 
documentation standards, file design. Responsible for maintain and enhance custom 
ETL code using Oracle SQL; Develop system test plans and Create test cases; 
monitoring progress of specific testing activities against plan, and successfully 
completing testing activities within the requisite project timeframes. 
Coordinating with Project team to ensure data model designs support business 
reporting tools; coordinating with Quality Assurance and other business units to 
support end-to-end testing; monitoring, managing and reporting on development 
progress and status. Perform coding in Custom ETL, Oracle PLISQL, and in shell 
scripting. Strong SQL Skills: Solid understanding of SQL (sub-queries, 
minus/union, inline Queries etc). Apply knowledge of computer applications and 
programming techniques and computer systems to perform the job duties. Keep 
yourself updated with the latest developments in the field by studying the technical 
manuals, periodicals and reports to learn ways to develop programs that meet user 
requirements. 
20% Analysis: Independently analyze complex business problems by communicating 
with current and future process users. Document findings and communicate finding 
through written documents and models to stakeholders. The analysis tasks include 
understanding and researching functionality and applicable technology of both 
potentially new applications/packages and new releases of existing 
applications/packages. 
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Matter of C-D-S- LLC 
20% Design & Customization: Solves business problems by designing and 
customizing computer applications that will meet the business requirements by 
utilizing best practices, corporate standards and technology. Determine and outline 
multiple approaches and recommend best option. 
20% Development: Develop Informatica ETL mappings and workflows and make 
use of tools such as Infromatica Power Center, Oracle Data Integrator and SQL 
Server Integration Services. Develop User Acceptance Test, System Test, Unit Test, 
Stress Test, String Test and Performance Test Plans. 
20% On-Going Support & Enhancements: Provide on-going support and 
enhancements to computer applications or packages which includes: diagnosing 
problems, researching possible solutions, determining effects on the entire process, 
coding, thoroughly testing, documenting, and implementing. This includes setting up 
business processes within a package, customizations to packages/applications, and 
interfaces to other applications. 
20% Manages Tasks/Projects: Manages daily priorities, support efforts, phases of 
complex projects or phases of a larger project utilizing the Project Management 
methodology. 
In its RFE response letter dated February 25, 2015, the Petitioner provided a revised version of the 
duties of the proffered position as follows (verbatim): 
... Beneficiary will develop software programs and will code, test, implement, and 
maintain existing programs. He will design and develop software programs, using 
Visual Basic, Java, Oracle, SQL, PLISQL, SQL Server and QTP according to 
requirements. He will be involved in developing and testing software programs using 
web and database related software packages. Beneficiary will perform fact-finding 
programming analysis of routine problems, analysis of existing program performance, 
and correcting deficiencies by interacting with the users of various programs. He will 
work in a team environment developing user-friendly software/system applications in 
accordance with the project specifications. This position does not require supervising 
or directing other employees. 
In more specific terms, Beneficiary will develop high-level and detailed design 
documents for predictive analytics. He will work closely with data architects and 
database administrators to understand the existing architecture. He will extract, load 
and transform ("ETL") data from data sources into target databases, develop and 
execute data migration test plans, design and implement appropriate error handling 
procedures, and capture metadata as it pertains to sources/targets. Beneficiary will be 
fluent in the business concepts related to data models provided and understand and 
adhere to documentation standards and file design. He will be responsible for 
maintaining and enhancing custom ETL code suing Oracle SQL, developing system 
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Matter of C-D-S- LLC 
test plans and creating test cases, monitoring the progress of specific testing activities 
against the plan, and successfully completing testing activities within the requisite 
project timeframes. Beneficiary will coordinate with the project team to ensure data 
model designs support business reporting tools and coordinate with quality assurance 
and other business units to support end-to-end testing. He will monitor, manage and 
report on the development progress and status. He will perform coding in Custom 
ETL, Oracle PLISQL, and shell scripting. The position requires strong SQL skills, 
including a solid understanding of sub-queries, minus/union, and inline queries. 
Beneficiary will apply his extensive knowledge of computer applications and 
programming techniques and computer systems to perform the job duties. He will 
remain updated with the latest developments in the field by studying the technical 
manuals, periodicals, and reports to learn ways to develop programs that meet user 
requirements. 
Beneficiary's responsibilities and duties may be broken down into the following 
competencies: 
15% Analysis: Independently analyze complex business problems by communicating 
with current and future process users, management engineering, and/or technical 
personnel and applying education and training relating to coding, IT -supported 
business processes, and extensive familiarity with industry-standard software 
applications and systems. Understand and research functionality and applicable 
technology of both potentially new applications/packages and new releases of 
ex1stmg applications/packages fitting client needs and pnontles while 
accommodating anticipated growth within IT industry and business systems. 
Document findings and communicate finding through written documents and models 
to stakeholders. 
15% Design and Customization: Solves business problems by designing and 
customizing computer applications through the creation and/or modification of codes, 
form and scripts that meet business requirements, and that utilize best practices, 
corporate standards and technology. Determine and outline multiple approaches and 
recommend best option. 
45% Development: Develop mapping and workflows for applications, programs or 
software, making use of industry-standard business analytics tools. Develop, for the 
same, user acceptance tests, unit tests, stress tests, string tests and performance test 
plans. 
25% On-Going Support & Enhancements: Provide on-gomg technical and 
programming support and enhancements to computer applications or packages, which 
includes diagnosing problems, researching possible solutions, determining effects on 
the entire process, coding, thoroughly testing, documenting, and implementing. Set 
Matter of C-D-S- LLC 
up business processes within a package, customizations to packages/applications, and 
interfaces to other applications. 
The record of proceedings also contains a "Job Description Form" signed by the Petitioner and the 
Beneficiary on March 17, 2014, which states the following regarding the Beneficiary's duties: 
The Computer Programmer develops and maintains client server and Web 
applications. Analyze/resolve software-related issues/problems. Maintain 
development software for the development team. Work with network team to 
maintain server hosted development tools. Will be responsible for mentor and assist 
in the management and tasks for the junior developers. Work with Database 
Administrators on design/development. 
• Participates in requirement meetings with Business Analysts to understand 
analytical content needs. Assist in documenting these requirements, resolving 
ambiguities and conflicts, and ensuring requirements are complete. 
• Provides strategic thinking leadership pertaining to new ways of leveraging 
information to improve business processes. 
• Must have experience in web application development using Java, J2EE, 
Hibernate, MyBatis, JDBC, JMX, JMS, Log4J, Web Services, JSP/Query/UI 
technology and MQ. 
• Wide breadth of knowledge across many Java Open-Source technologies 
including AJAX, Spring Framework, Ant, Struts 2, XML parser technology and 
JUnit. 
• Experience with software development best practices (RUP, Waterfall, XP, 
Agile). 
• Strong understanding of object oriented analysis and design patterns concepts. 
• Proven hands on experience with DAO and Data Services. 
• Excellent application performance tuning skills. 
• Experience with RDBMS (DB2, Oracle or MS SQL) 
• Knowledge of the HTTP protocol, security basics, and user navigation 
• Hands-on experience with J2EE (JDBC, servlets, collections, threading 
knowledge, 00 concepts) design, development and implementation, including 
writing unit test cases, and delivering quality code 
• Web UI experience (HTML, JSP, DHTML, CSS, JavaScript, XML, XSL, AJAX, 
GWT, Flash, FLEX) or willing to develop UI experience 
• Strong SQL skills with Stored Procedure knowledge. 
• Knowledge of relational database techniques, data warehouse concepts and 
architecture - Oracle 
• Knowledge of XML and schema design and validation techniques. 
• Experience working in UNIX environment including knowledge of shell scripts 
• HTMLS skills a plus with Mobile application development experience 
• Working knowledge with various JavaScript frameworks (AngularJS, 
BackboneJS,jQuery, ExtJS, YUI, etc) 
Matter o.fC-D-S- LLC 
• Overall understanding of web architectures 
• Knowledge of Kerberos and other SSO authentication mechanisms is a plus 
• Working knowledge of directory services- LDAP and Active Directory a plus 
• Candidate should be able to diagnose problems quickly and independently. 
• Sharp, quick, aggressive ability to deal with business and system problems 
• Strong communication skills and willingness to learn new technologies & 
applications a must. 
The Labor Condition Application (LCA) submitted by the Petitioner in support of the petition was 
certified for use with a job prospect within the "Computer Programmers" occupational classification, 
SOC (O*NET/OES) Code 15-1131, and a Level I (entry-level) prevailing wage rate, the lowest of 
the four assignable wage-levels. 
C. Analysis 
For H-1B approval, the Petitioner must demonstrate a legitimate need for an employee exists and to 
substantiate that it has H -1 B caliber work for the Beneficiary for the period of employment 
requested in the petition. It is incumbent upon the Petitioner to demonstrate it has sufficient work to 
require the services of a person with at least a bachelor's degree in a specific specialty, or its 
equivalent, to perform duties at a level that requires the theoretical and practical application of at 
least a bachelor's degree level of a body of highly specialized knowledge in a specific specialty for 
the period specified in the petition. 
In this matter, the Petitioner indicated that the Beneficiary will be employed in-house as a 
"Computer Programmer." However, upon review of the record of proceedings, we find that the 
Petitioner did not submit a job description that adequately conveys the substantive work to be 
performed by the Beneficiary. USCIS in this matter must review the actual duties the Beneficiary 
will be expected to perform to ascertain whether those duties require at least a baccalaureate degree 
in a specific specialty, or its equivalent, as required for classification as a specialty occupation. To 
accomplish that task in this matter, USCIS must analyze the actual duties in conjunction with the 
specific project(s) to which the beneficiary will be assigned. To allow otherwise, results in generic 
descriptions of duties that, while they may appear (in some instances) to comprise the duties of a 
specialty occupation, are not related to any actual services the beneficiary is expected to provide. 
Considering the totality of all of the Petitioner's duty descriptions, we find that the evidence of record 
does not establish the depth, complexity, or level of specialization, or substantive aspects of the matters 
upon which the Petitioner claims that the Beneficiary will engage. We acknowledge that the Petitioner 
provided rather lengthy versions of the duties; however, the duties of the proffered position, and the 
position itself, are nonetheless described in relatively generalized and abstract terms that do not relate 
substantial details about either the position or its constituent duties. For example, the Petitioner stated 
that the Beneficiary will "design and develop software programs" and "be involved in developing and 
testing software programs" without providing details regarding the software programs the Beneficiary 
will develop and test, and the specific duties associated with these tasks. Similarly, the Petitioner does 
not provide details as to the tasks involved in "monitor[ing], manag[ing] and report[ing] on the 
Matter of C-D-S- LLC 
development progress and status." Likewise, stating that the Beneficiary "will work in a team 
environment developing user-friendly software/system applications in accordance with the project 
specifications" reveals no details regarding the project itself or the tasks involved with the project. 
Furthermore, the Petitioner states that the Beneficiary will "remain updated with the latest 
developments" and "be fluent in the business concepts," which refer to the skills required in 
performing tasks but do not provide any insight into the actual tasks the Beneficiary will perform. 2 
Such generalized information does not in itself establish a correlation between any dimension of the 
proffered position and a need for a particular level of education, or educational equivalency, in a 
body of highly specialized knowledge in a specific specialty. Therefore, it is not evident that the 
proposed duties as described in this record of proceeding, and the position that they comprise, merit 
recognition of the proffered position as a specialty occupation. As so generally described, we find 
that the descriptions do not illuminate the substantive application of knowledge involved or any 
particular educational attainment associated with such application. The duties as described give very 
little insight to actual tasks that the Beneficiary would perform on a day-to-day basis. Furthermore, we 
find that the Petitioner has not supplemented the job and duty descriptions with documentary evidence 
establishing the substantive nature of the work that the Beneficiary would perform, whatever practical 
and theoretical applications of highly specialized knowledge in a specific specialty would be required to 
perform such substantive work, and whatever correlation may exist between such work and associated 
performance-required knowledge and attainment of a particular level of education, or educational 
equivalency, in a specific specialty. 
In this case, the Petitioner has not described the proffered position with sufficient detail to determine 
that the minimum requirement is a bachelor's degree in a specialized field of study. It is incumbent 
on the Petitioner to provide sufficient evidence to establish that the particular position that it proffers 
would necessitate services at a level requiring both the theoretical and practical application of a body 
of highly specialized knowledge and the attainment of at least a bachelor's degree in a specific 
specialty, or its equivalent. When "any person makes application for a visa or any other document 
required for entry, or makes application for admission, ... the burden of proof shall be upon such 
person to establish that he is eligible" for such benefit. Section 291 of the Act, 8 U.S. C. § 1361; see 
also Matter o.fTreasure Craft o.fCal., 14 I&N Dec. 190 (Reg'l Comm'r 1972) 
Further, we note that there are inconsistencies in the record of proceedings that undermine the 
Petitioner's credibility with regard to the services the Beneficiary will perform, as well as the actual 
nature and requirements of the proffered position. For example, in the Form I-129, the Petitioner 
stated that the Beneficiary would work off-site, and stated that an itinerary had been included. 
However, the Petitioner also asserts that the Beneficiary will work in-house. In addition, the 
Petitioner provided inconsistent percentages of the duties/responsibilities/ competencies3 of the 
proffered position. For example, while the Petitioner stated in a document submitted with the initial 
2 The Petitioner listed similar required skills under the subheading "Role Specific Responsibilities" in the "Job 
Description Form" document. 
3 On appeal the Petitioner asserts that the breakdown of proffered position's duties into general areas of competencies is 
"not the duties themselves." 
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Matter of C-D-S- LLC 
filing of the petition that 20 percent of the duties encompassed development, the Petitioner changed 
this to 45 percent in its RFE response. Similar inconsistencies are noted in the "analysis," "design 
and customization," and "on-going support and enhancements" categories. Furthermore, the 
Petitioner deleted the "manages tasks and projects" section in its RFE response, which the Petitioner 
stated in its initial evidence that 20 percent of the duties were within this category. The record of 
proceedings contains insufficient evidence resolving these inconsistencies. 
The Petitioner further indicated that the proffered position requires experience with application 
design, development, and implementation of various computer and web programs. The Petitioner 
also stated that the Beneficiary would "mentor" junior developers. However, the Petitioner's 
statements on the LCA undermine these assertions. The LCA indicates a wage level at a Level I 
(entry) wage, which is the lowest of four assignable wage-levels. 4 "[I]t is incumbent upon the 
petitioner to resolve the inconsistencies by independent objective evidence." Matter of Ho, 19 I&N 
Dec. 582, 591 (BIA 1988). Any attempt to explain or reconcile such inconsistencies will not suffice 
unless the petitioner submits competent objective evidence pointing to where the truth lies. !d. at 
591-92. 
Without a meaningful, credible job description, the record lacks evidence sufficiently concrete and 
informative to demonstrate that the proffered position requires a specialty occupation's level of 
knowledge in a specific specialty. The tasks as described do not communicate (1) the actual work 
that the Beneficiary would perform, (2) the complexity, uniqueness and/or specialization of the 
tasks, and/or (3) the correlation between that work and a need for a particular level education of 
highly specialized knowledge in a specific specialty. The Petitioner's assertion with regard to the 
educational requirement for the position is conclusory and unpersuasive, as it is not supported by the 
job description or probative evidence. Going on record without supporting documentary evidence is 
not sufficient for purposes of meeting the burden of proof in these proceedings. In re Soffici, 
22 I&N Dec. 158, 165 (Comm'r 1998) (citing Matter ofTreasure Craft of Cal., 14 I&N Dec. 190 
(Reg'l Comm'r 1972)). For this reason alone, we find that the evidence of record does not establish 
the proffered position as a specialty occupation. 
Nevertheless, we will analyze the duties as described and the evidence of record to determine 
whether the proffered position as described would qualify as a specialty occupation. To that end and 
to make our determination as to whether the employment described above qualifies as a specialty 
occupation, we tum first to the criterion at 8 C.F .R. § 214.2(h)( 4 )(iii)(A)(l). 
A baccalaureate or higher degree in a specific specialty, or its equivalent, is 
4 The wage-level of the proffered position indicates that (relative to other positions falling under this occupational 
category) the Beneficiary is only required to have a basic understanding of the occupation. That designation indicates 
further that the Beneficiary will only be expected to "perform routine tasks that require limited, if any, exercise of 
judgment." See U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, 
Nonagric. Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/pdf/ 
NPWHC_Guidance_Revised_ll_ 2009.pdf. This wage-level designation is not consistent with the Petitioner's 
statements that the position requires work experience and would involve mentoring "junior employees." 
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Matter of C-D-S-LLC 
normally the minimum requirementfor entry into the particular position 
USCIS recognizes of the U.S. Department of Labor's (DOL's) Occupational Outlook Handbook (the 
Handbook) as an authoritative source on the duties and educational requirements of the wide variety 
of occupations that it addresses. 5 As noted, the Petitioner asserted in the LCA that the proffered 
position falls under the occupational category "Computer Programmers" 
The Handbook states the following with regard to the educational requirements necessary for 
entrance into this field: 
Most computer programmers have a bachelor's degree in computer science or a 
related subject; however, some employers hire workers with an associate's degree. 
Most programmers specialize in a few programming languages. 
Education 
Most computer programmers have a bachelor's degree; however, some employers 
hire workers who have an associate's degree. Most programmers get a degree in 
computer science or a related subject. Programmers who work in specific fields, such 
as healthcare or accounting, may take classes in that field to supplement their degree 
in computer programming. In addition, employers value experience, which many 
students gain through internships. 
Most programmers learn only a few computer languages while in school. However, a 
computer science degree gives students the skills needed to learn new computer 
languages easily. During their classes, students receive hands-on experience writing 
code, debugging programs, and doing many other tasks that they will perform on the 
job. 
To keep up with changing technology, computer programmers may take continuing 
education and professional development seminars to learn new programming 
languages or about upgrades to programming languages they already know. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Computer Programmers," available at http://www.bls.gov/ooh/computer-and-information­
technology/computer-programmers.htm#tab-4 (last visited Feb. 3, 2016). 
The Handbook 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 entry into this occupational category. 
Rather, the Handbook states that although most computer programmers have a bachelor's degree in 
5 All of the references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. The excerpts of the Handbook regarding the duties and requirements of the referenced 
occupational category are hereby incorporated into the record of proceeding. 
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Matter of C-D-S-LLC 
computer science or a related subject, some employers hire workers with an associate's degree. The 
fact that some employers find an associate's degree sufficient undermines the Petitioner's assertion 
that the proffered position is a specialty occupation requiring at least a bachelor's degree in a 
specific specialty. Furthermore, although the Handbook does make provision for work experience, it 
does not state that such experience must be equivalent to a bachelor's degree in a specific specialty. 
Thus, the Handbook does not support the claim that the occupational category here is one for which 
normally the minimum requirement for entry is a baccalaureate degree (or higher) in a specific 
specialty, or its equivalent. 
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. In such 
case, 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 more than one authoritative source exists, an 
adjudicator will consider and weigh all of the evidence presented to determine whether the particular 
position qualifies as a specialty occupation. 
The Occupational Information Network (O*NET) Summary Report, referenced by the Petitioner, is 
insufficient to establish that the proffered position qualifies as a specialty occupation normally 
requiring at least a bachelor's degree or its equivalent in a specific specialty. The pertinent section 
of the O*NET Internet site relevant to 15-1131.00 -Computer Programmers assigns this occupation 
a Job Zone "Four" rating, which groups it among occupations of which "most," but not all, "require 
a four-year bachelor's degree." Further, O*NET does not indicate whether the four-year bachelor's 
degrees required by Job Zone Four occupations must be in a specific specialty directly related to the 
occupation. Furthermore, the Petitioner asserts that the "SVP level between 7 and 8" assigned by 
this classification indicates "the same level of prerequisite education as would be attained through a 
post-secondary degree-granting program." However, the Specialized Vocational Preparation (SVP) 
rating is meant to indicate only the total number of years of vocational preparation required for a 
particular position. 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. For all of these reasons, the O*NET excerpt submitted by the Petitioner is of little 
evidentiary value to the issue presented on appeal. 
In support of its contention that the proffered position is a specialty occupation, the Petitioner cites a 
memorandum entitled "Guidance Memorandum on HIB Computer Related Positions," from Terry 
Way, Director, Nebraska Service Center (NSC), to Center Adjudications Officers (Dec. 22, 2000). 
We find that the Petitioner's reliance on this memorandum is misplaced as the memorandum is 
irrelevant to this proceeding. By its very terms, the memorandum was issued by the then Director of 
the NSC as an attempt to "clarify" an aspect of NSC adjudications; and, framed as it was, as a 
memorandum to NSC "Adjudication's Officers," it was addressed exclusively to NSC personnel 
12 
Matter of C-D-S- LLC 
within that Director's chain of command. As such, it has no force and effect upon the present 
matter, which was initially adjudicated by the California Service Center. 
It is also noted that the legacy memorandum cited by the Petitioner does not bear a "P" 
designation. According to the Adjudicator's Field Manual (AFM) § 3.4, "correspondence is 
advisory in nature, intended only to convey the author's point of view .... " AFM § 3.4 goes on to 
note that examples of correspondence include letters, memoranda not bearing the "P" designation, 
unpublished AAO decisions, USCIS and DHS General Counsel Opinions, etc. Regardless, the NSC 
no longer adjudicates H-lB petitions and, therefore, the memorandum is not followed by any USCIS 
officers even as a matter of internal, service center guidance. 
Even if we were bound by this memorandum either as a management directive or as a matter of law, 
it was issued more than a decade ago, during what the NSC Director perceived as a period of 
"transition" for certain-computer related occupations; that the memorandum referred to now 
outdated versions of the Handbook (the latest of those being the 2000-2001 edition); and that the 
memorandum also relied partly on a perceived line of relatively early unpublished (and unspecified) 
decisions in the area of computer-related occupations, which did not address the computer-related 
occupations as they have evolved since those decisions were issued more than a decade ago.[IJ In 
any event, the memorandum reminds adjudicators that a specialty occupation eligibility 
determination is not based on the proffered position's job title but instead on the actual duties to be 
performed. For all of the reasons articulated above, the memorandum is immaterial to this 
discussion regarding the job duties of the Petitioner's proffered position and whether the Petitioner has 
satisfied its burden of establishing that this particular position qualifies as a specialty occupation. 
Upon review of the totality of the evidence in the entire record of proceeding, we conclude that the 
Petitioner has not established that the proffered position falls within an occupational category for which 
the Handbook, or other authoritative source, indicates that a requirement for at least a bachelor's degree 
in a specific specialty, or its equivalent, is normally required for entry into the occupation. Furthermore, 
the duties and requirements of the proffered position as described in the record of proceeding do not 
indicate that the particular position that is the subject of this petition 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 first criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
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 
Next, we will review the record regarding the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). This prong 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 
[IJ While 8 C.F.R. § 103.3(c) provides that our precedent decisions are binding on all USCIS employees in the 
administration ofthe Act, unpublished decisions are not similarly binding. 
13 
(b)(6)
Matter of C-D-S- LLC 
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. 
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 1151, 1165 (D. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
As 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. 
The Petitioner submitted a letter from the President of 
stating that the duties of the proffered position are "complex" and that he "confirm[ s ]" that the 
computer programmer "must hold a minimum of a bachelor's degree in science, technology .... " 
Depending on the specificity, detail, and credibility of a letter, we may give the document more or 
less persuasive weight in a proceeding. The Board of Immigration Appeals (BIA) has held that 
testimony should not be disregarded simply because it is "self-serving." See Matter of Acosta, 19 
I&N Dec. 211, 218 (BIA 1985). The BIA has also held, however, "We not only encourage, but 
require the introduction of corroborative testimonial and documentary evidence, where available." 
In re S-A-, 22 I&N 1328, 1332 (BIA 2000). If testimonial evidence lacks specificity, detail, or 
credibility, there is a greater need for the petitioner to submit corroborative evidence. In re Y-B-, 21 
I&N Dec. 1136, 1139 (BIA 1998). We find that Mr. letter lacks specificity and detail 
regarding the duties of the proffered position and the Petitioner provided insufficient evidence to 
corroborate Mr. statements. 
Moreover, it does not appear that the Petitioner notified Mr. that it designated the proffered 
position on the LCA as a Level I (entry) position relative to others within the occupational category. 
It appears that this information would have been relevant for his assessment of the proffered 
position. Therefore, Mr. knowledge of the position has not been established. 
Therefore, Mr. letter is insufficient to demonstrate that 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. 6 
6 For these reasons, Mr. letter also does not satisfy any of the remaining criteria of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A). 
14 
Matter of C-D-S- LLC 
Thus, based upon a complete review of the record, we find that the Petitioner has not established that 
a requirement for at least a bachelor's 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. Thus, for the reasons 
discussed above, 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 
spec?fic 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 evidence of record shows that the Petitioner's 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. 
Here, the evidence of record does not credibly demonstrate relative complexity or uniqueness as aspects 
of the proffered position. Specifically, it is unclear how the computer programmer position, as 
described, necessitates the theoretical and practical application of a body of highly specialized 
knowledge such that a person who has attained a bachelor's or higher degree in a specific specialty or 
its equivalent is required to perform them. The evidence of record did not demonstrate how the duties 
described require the theoretical and practical application of a body of highly specialized knowledge 
such that a bachelor's or higher degree in a specific specialty, or its equivalent, is required to 
perform them. For instance, the Petitioner did not submit information relevant to a detailed course 
of study leading to a specialty degree and did not establish how such a curriculum is necessary to 
perform the duties of the proffered position. While related courses may be beneficial, or even 
essential, in performing certain duties of a computer systems engineer position, the evidence of 
record does not demonstrate 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 Petitioner's proffered position. The evidence of record does not distinguish the 
proffered position from similar positions within the occupational category which do not require a 
bachelor's degree in a specific specialty, or the equivalent. 
This is further evidenced by the LCA submitted by the petitioner in support of the instant petition. 
The LCA indicates a wage level at a Level I (entry) wage, which is the lowest of four assignable 
wage levels. 7 Without further evidence, the evidence does not demonstrate that the proffered 
position is complex or unique as such a position falling under this occupational category would 
likely be classified at a higher-level, such as a Level III (experienced) or Level IV (fully competent) 
7 As previously mentioned, the wage-level of the proffered position indicates that (relative to other positions falling 
under this occupational category) the Beneficiary is only required to have a basic understanding of the occupation; that 
she will be expected to perform routine tasks that require limited, if any, exercise of judgment; that she will be closely 
supervised and her work closely monitored and reviewed for accuracy; and that she will receive specific instructions on 
required tasks and expected results. 
15 
Matter of C-D-S- LLC 
positiOn, reqmnng a significantly higher prevailing wage.8 For example, a Level IV (fully 
competent) position is designated by DOL for employees who "use advanced skills and diversified 
knowledge to solve unusual and complex problems." 9 The evidence of record does not establish that 
this position is significantly different from other positions in the occupational category such that it 
refutes the Handbook's information that a bachelor's degree in a specific specialty, or its equivalent 
is not required for the proffered position. 
The Petitioner claims that the Beneficiary is well qualified for the positiOn, 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. The evidence of the record has not satisfied the 
second alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
The employer normally requires a baccalaureate or higher degree in a 
specific 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. 
To merit approval of the petition under this criterion, the record must establish that a petitioner's 
imposition of a degree requirement is not merely a matter of preference for high-caliber candidates 
but is necessitated by performance requirements of the position. While a petitioner may assert that a 
proffered position requires a specific degree, that statement alone without corroborating evidence 
cannot establish the position as a specialty occupation. Were USCIS limited solely to reviewing a 
petitioner's claimed self-imposed requirements, then any individual with a bachelor's degree could 
be brought to the United States to perform any occupation as long as the Petitioner artificially 
created a token degree requirement, whereby all individuals employed in a particular position 
possessed a baccalaureate or higher degree in the specific specialty, or its equivalent. See Defensor 
v. Meissner, 201 F.3d at 388. 
8 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is 
particularly complex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a 
Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or 
lawyers), a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty, or 
its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies 
as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specific specialty, or its equivalent. That is, a position's wage level designation may be a relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)(l) of the Act. 
9 For additional information regarding wage levels as defined by DOL, see U.S. Dep't of Labor, Emp't & Training 
Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available 
at http://www.foreignlaborcert.doleta.gov/pdf/NPWHC_ Guidance_Revised_ll_ 2009.pdf 
16 
Matter of C-D-S- LLC 
To satisfy this criterion, the evidence of record must show that the specific performance 
requirements of the position generated the recruiting and hiring history. A petitioner's perfunctory 
declaration of a particular educational requirement will not mask the fact that the position is not a 
specialty occupation. users must examine the actual employment requirements, and, on the basis 
of that examination, determine whether the position qualifies as a specialty occupation. See 
generally Defensor v. Meissner, 201 F. 3d 384. In this pursuit, the critical element is not the title of 
the position, or the fact that an employer has routinely insisted on certain educational standards, but 
whether performance of 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. 
The Petitioner submitted copies of several of its employees' academic credentials. The record also 
contains Forms W-2 and Wage and Tax Register documents relating to these employees. We find 
that information contained in these documents is not sufficient to demonstrate that the positions held 
by these individuals were the same as, or similar to, the position proffered to the Beneficiary. We 
also find that the varying salaries paid to these individuals and the master's degrees some of them 
hold raise questions as to whether these individuals hold the same position proffered here. 
Furthermore, it is unclear how accurate of a snapshot this listing constitutes, as the Petitioner did not 
provide information as to how many other positions exist. 10 Therefore, the Petitioner has not 
demonstrated that it normally requires at least a bachelor's degree in a specific specialty or its 
equivalent for the proffered position, it does not satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
The nature of the specffic 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 specialty, 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. 
The Petitioner claims that the nature of the specific duties of the position in the context of its 
business operations 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. 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. 
10 The Petitioner submitted an organizational chart for its "Information Technology Healthcare COE" department. 
However, the positions on this chart are identified as "Programmer Analyst" and the individuals shown on this chart do 
not correspond to the individuals that the Petitioner identified as its computer programmers. 
1 '7 
Matter of C-D-S- LLC 
We further incorporate our earlier discussion and analysis regarding the duties of the proffered 
position, and the designation of the proffered position in the LCA as a Level I position (of the lowest 
of four assignable wage-levels) relative to others within the occupational category. Without more, 
the position is one not likely distinguishable by relatively specialized and complex duties. That is, 
without further evidence, the Petitioner has not demonstrated that its proffered position is one with 
specialized and complex duties as such a position would likely be classified at a higher-level, such as 
a Level III (experienced) or Level IV (fully competent) position, requiring a substantially higher .1. II prevm mg wage. 
Although the Petitioner asserts that the nature of the specific duties is specialized and complex, the 
record lacks sufficient evidence to support this claim. Thus, the Petitioner has submitted inadequate 
probative evidence to satisfy the criterion ofthe regulations at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
For the reasons related in the preceding discussion, 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. 12 
III. CONCLUSION AND ORDER 
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; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofC-D-S- LLC, ID# 15635 (AAO Feb. 9, 2016) 
11 
As previously discussed, a Level IV (fully competent) position is designated by DOL for employees who "use 
advanced skills and diversified knowledge to solve unusual and complex problems" and requires a significantly higher 
wage. 
12 
As the grounds discussed above are dispositive of the Petitioner's eligibility for the benefit sought in this matter, we 
will not address and will instead reserve our determination on the additional issues and deficiencies that we observe in 
the record of proceeding with regard to the approval of the H-1 B petition. 
18