dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 22376942 
Appeal of California Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : AUG . 23, 2022 
The Petitioner, an information technology services provider, seeks to temporarily employ the 
Beneficiary as a BI analyst / business analyst under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both : (a) the theoretical and practical application of a body 
of highly specialized knowledge; and (b) the attainment of a bachelor 's or higher degree in the specific 
specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, concluding that the Petitioner had 
not demonstrated that the proffered position qualifies as a specialty occupation. On appeal, the 
Petitioner submits a brief and additional evidence , and asserts that the Director erred in denying the 
petition . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010) . We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). 
Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l) , defines the term "specialty occupation" as an 
occupation that requires : 
(A) theoretical and practical application of a body of highly specialized knowledge, 
and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a 
non-exhaustive list of fields of endeavor. In addition, the regulations provide that the offered position 
must meet one of the following criteria to qualify as a specialty occupation: 
( I) 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. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as a BI analyst/business 
analyst. In response to the Director's request for evidence (RFE), the Petitioner provided the following 
job duties for the proffered position: 
1. Developing Business Processes and Solutions - 35% 
• User Interface Modelling Mock-up with help of Modelling software such as iRise 
and MS Visio 
• Capture AS-is process, design To-Be Process and perform Gap Analysis for 
enhancements to existing system and processes. 
• Design Wireframes and manifesting end-to-end connectivity between modules of 
User Registration, User profiles, and their booking pages. 
• Develop landing pages for different stake holders (Enterprise, Employers, Potential 
leads), monitor and modify based on stake holder requirements. Aligning all the 
business objectives and streamlining them into a custom-built CRM. 
• Create Decision tables encapsulating the logic of business activities and integrate 
them into CRM. 
2. Performance Testing and Analytics - 25% 
• Conduct User Acceptance Testing (UAT), and ability to work in close coordination 
with the Testing team to develop Test Plan and Test Cases to enhance 
customer/user. 
2 
• Design test plans for new systems or system enhancements and 
coordinated/participated in the implementation process. Recommended project 
acceptable, modification or rejection based on test results. 
• Based on the results, formulate, execute and validate test Cases and test results to 
corroborate the outcome satisfactorily fulfils respective requirements. 
• Worked on Data Analysis to build Strategy Web application for database 
integration. 
• Perform Querying, refinish, and joining the data in Power bi, to draw insights for 
a filtered database and performing DAX functions to get insights on combining 
various categories of data. 
• Develop frontend and backend modules using Python on Django Web Framework 
along with jQuery UI and manage the storage and deletion of content. 
• Design and develop responsive design websites Ability to understand CSS changes 
to have consistent style across platforms and browsers. 
3. Documentation and Reporting- 20% 
• 
• 
• 
• 
• 
Develop use case documentation for system requirements, strategic planning & 
goal setting, business process flows, Project Plan using MS Visio through analysis. 
Document and managed requirement in Enterprise Architecture . 
Defined processes and tools best suited to each project. Moved between agile and 
waterfall approaches depending on project specifics and client goals, creating 
detailed project road maps, plans, schedules and work breakdown structures. 
Create templates for functional specification, data dictionary and other project 
documents as required during the project development. 
Review & Approve Technical design documents along with Test objectives and 
Test Cases. 
4. Requirement Elicitation - Identifying, Planning and Liaising - 20% 
• 
• 
• 
• 
• 
• 
• 
Evaluate business processes, gather requirements, uncovering areas for 
improvement, and developing and implementing solutions. 
Gather business and application requirements, business processes, identifying 
risks, impact analysis, UML modelling, Sequence and Activity Diagrams using 
Enterprise Architect, Rational Rose and Microsoft Visio. 
Create Use Cases - to identify, clarify and organize system and functional 
requirements for the proposed software applications. 
Elicit Business Requirements from Stakeholders and translate into System 
functionality. 
Interacting/Interviewing with clients' subject matter experts and recorded the 
requirements in a format that can be reviewed and understood both by business 
and technical team. 
Well versed with Scheduling, Planning, Budgeting, and Business Rules analysis, 
Financial Forecasting, Requirements/Change Management, Data Analysis, 
Qualitative Analysis, Quantitative Analysis and Gap Analysis. 
Analyze impact of proposed solution demonstrated and explained business 
requirements/ specifications to IT team and contribute business & process 
perspective during design review. 
3 
The Petitioner stated that the minimum entry requirement for the proffered position is at least a 
bachelor's degree in computer science/engineering or a related field of study. 
III. ANALYSIS 
For the reasons discussed below, we have determined that the Petitioner has not demonstrated that the 
proffered position qualifies as a specialty occupation. Specifically, we find that the record does not 
establish that the job duties require an educational background, or its equivalent, commensurate with 
a specialty occupation. 1 
A. First Criterion 
We tum first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses. 
On the labor condition application (LCA)2 submitted in support of the petition, the Petitioner designated 
the proffered position under the occupational category as "Computer Occupations, All Other" 
corresponding at the time the instant petition was filed to the Standard Occupational Classification 
(SOC) code 15-1199; more specifically, the Petitioner stated that the position corresponds to the SOC 
sub-code and category 15-1198.08, "Business Intelligence Analysts." As is the case in this petition, 
there are occupational categories the Handbook does not cover in much, if any, detail. 3 Accordingly, 
in instances such as this, the Handbook is not determinative. 
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 the Petitioner's burden 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. When more than 
one authoritative source exists, we will consider and weigh all of the evidence presented to determine 
whether the particular position qualifies as a specialty occupation. 
The Petitioner references the O*NET summary report for "Business Intelligence Analysts" - SOC 
code 15-1199.08. The O*NET Summary Report provides general information regarding the 
occupation, but it does not support the Petitioner's assertion regarding the educational requirements 
for the occupation. For example, the Job Zone Four designation indicates that most, but some do not, 
require a four-year bachelor's degree. It does not specify the specific field of study, if any, from which 
the degree must come. The occupation's Specialized Vocational Preparation (SVP) rating of 7 < 8 is 
even less persuasive. An SVP rating of 7 to less than ("<") 8 indicates that the occupation requires 
1 The Petitioner submitted documentation to support the petition, including evidence regarding the position and its business 
operations. While we may not discuss every document submitted, we have reviewed and considered each one. 
2 A petitioner submits the LCA to DOL to demonstrate that it will pay an H-1 B worker the higher of either the prevailing 
wage for the occupational classification in the area of employment or the actual wage paid by the employer to other 
employees with similar duties, experience. and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
3 For additional information. see https://www.bls.gov/ooh/about/data-for-occupations-not-covered-in-detail.htm. 
4 
"over 2 years up to and including 4 years" of training. While the SVP rating indicates the total number 
of years of vocational preparation required for a particular position, it is important to note that it does 
not describe how those years are to be divided among training, experience, and formal education 
which, by definition, includes high school education and commercial or shop training. 4 The SVP 
rating also does not specify the particular type of degree, if any, that a position would require. The 
Petitioner also noted that 4% of employers would accept less than a bachelor's degree. However, the 
report does not indicate that the degrees were in a specific specialty, and does not distinguish the 
respondents' positions by career level (e.g., entry-level, mid-level, senior-level) or other relevant 
aspects. For all of these reasons, we are not persuaded by the Petitioner's citations to O*NET. 
The Petitioner also cites Next Generation Tech., Inc. v. Johnson, (S.D.N.Y. Sept. 29, 2017) as relevant 
here. This case arises out of a different jurisdiction than the instant matter. 5 Nevertheless, even if we 
considered the logic underlying the matter, we find that the Petitioner has not demonstrated that the 
proffered position is a specialty occupation. 
First, the court in Next Generation Tech., Inc. discussed our reading of the Handbook's discussion of 
the entry requirements for positions located within a different and separate occupational category 
"Computer Programmers" rather than the "Computer Occupations, All Other" category designated by 
the Petitioner in the LCA relating to this case. 
Moreover, the court in Next Generation Tech., Inc. relied in part on a U.S. Citizenship and Immigration 
(USCIS) policy memorandum regarding "Computer Programmers" indicating generally preferential 
treatment toward computer programmers, and "especially" toward companies in that particular 
petitioner's industry. However, USCIS rescinded the policy memorandum cited by the court in Next 
Generation Tech. Inc. 6 
On appeal, the Petitioner contends that a position as a business analyst is a highly specialized field and 
that several degree programs may prepare an individual for a career in this field. However, the 
Petitioner did not sufficiently discuss how a detailed course of study leading to a specialty degree 
demonstrates how such a curriculum would be necessary to manage the duties of this position. The 
Petitioner did not sufficiently establish how a particular coursework within the stated disciplines 
contributes to performing any specialized and complex elements of the proffered position. While a 
few related courses may be beneficial, or even required, we conclude that the Petitioner has not 
demonstrated how an established curriculum of such courses leading to a baccalaureate or higher 
degree in a specific specialty, or its equivalent, is required to successfully serve in the proffered 
pos1t10n. Consequently, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
4 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/online/svp. 
5 In contrast to the broad precedential authority of the case law of a United States circuit court, we are not bound to follow 
the published decision of a United States district court in matters arising even within the same district. See K-S-. 20 T&N 
Dec. at 719-20. Although the reasoning underlying a district judge's decision will be given due consideration when it is 
properly before us. the analysis does not have to be followed as a matter of law. Id. 
6 See USCIS Policy Memorandum PM-602-0142, Rescission of the December 22, 2000 ''Guidance memo on HJB 
computer related positions" (Mar. 31, 2017), https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-
0142-H- l BComputerRelatedPositionsRecission.pdf. 
5 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may show 
that its particular position is so complex or unique that it can be performed only by an individual with 
a degree .... " 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong concentrates on 
the common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. We generally 
consider the following sources of evidence to determine if there is such a common degree requirement: 
whether the Handbook reports that the industry requires a degree; whether the industry's professional 
association has made a degree a minimum entry requirement; and whether letters or affidavits from 
firms or individuals in the industry establish that such firms "routinely employ and recruit only degreed 
individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
As previously discussed, the Petitioner has not established that an authoritative source reports at least 
a bachelor's degree in a specific specialty, or its equivalent, is required for the proffered position, and 
we incorporate our previous discussion on this matter. In addition, the Petitioner did not submit any 
letters or affidavits from similar firms in the Petitioner's industry attesting that such firms "routinely 
employ and recruit only degreed individuals." On appeal, the Petitioner submits an article from 
indeed.corn that discusses the position of business intelligence analyst. However, in the section of the 
article regarding the education, it stated a bachelor's degree in statistics, computer science, business 
administration or a related field is required to fill the position of a business intelligence analyst. The 
requirement of a bachelor's degree in business administration is inadequate to establish that a position 
qualifies as a specialty occupation. A petitioner must demonstrate that the proffered position requires 
a precise and specific course of study that relates directly and closely to the position in question. Since 
there must be a close correlation between the required specialized studies and the position, the 
requirement of a degree with a generalized title, such as business administration, without further 
specification, does not establish the position as a specialty occupation. Cf Matter of Michael Hertz 
Assocs., 19 I&N Dec. 558, 560 (Cornrn'r 1988). As explained above, we interpret 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A) as requiring a degree in a specific specialty that is directly related to the proposed 
position. We have consistently stated that, although a general-purpose bachelor's degree, such as a 
degree in business administration, may be a legitimate prerequisite for a particular position, requiring 
such a degree, without more, will not justify a finding that a particular position qualifies for 
classification as a specialty occupation. Royal Siam Corp., 484 F.3d at 147. 
On appeal, the Petitioner submits three new job vacancy announcements for our consideration under 
this prong. To be relevant for this consideration, the job vacancy announcements must advertise 
"parallel positions," and the announcements must have been placed by organizations that (1) conduct 
6 
business in the Petitioner's industry and (2) are also "similar" to the Petitioner. These job vacancy 
announcements do not satisfy that threshold. 
When determining whether the Petitioner and the organization share the same general characteristics, 
such factors may include information regarding the nature or type of organization, and, when pertinent, 
the particular scope of operations, as well as the level of revenue and staffing ( to list just a few elements 
that may be considered). It is not sufficient for the Petitioner to claim that an organization is similar 
and in the same industry without providing a legitimate basis for such an assertion. On appeal, the 
Petitioner did not provide any explanation as to how the companies in the job postings were from 
similar companies. 
We will next consider whether the advertised job opporturnt1es could be considered "parallel 
positions." The job postings provide a brief description of the job duties but it is very difficult to 
determine if the positions are parallel to the proffered position. 
For all of these reasons, the Petitioner has not established that these job vacancy announcements are 
relevant. Even if that threshold had been met, we would still find that they did not satisfy this prong 
of the second criterion, as they do not indicate that a bachelor's degree in a specific specialty, or the 
equivalent, is common to the industry in parallel positions among similar organizations. Ifwe combine 
the degrees required within the three job postings, the list included a bachelor's degree in business, 
economics, information systems, computer science, human resources, data analytics, business analysis 
and information systems. Collectively, the advertisements indicate that the positions, if similar to the 
proffered position, do not have a degree requirement "in the specific specialty (or its equivalent)," as 
required. Section 214(i)(l)(B) of the Act ( emphasis added). 7 See Royal Siam Corp., 484 F.3d at 147 
(a general-purpose bachelor's degree, such as a degree in business, without more, will not justify a 
conclusion that a particular position qualifies for classification as a specialty occupation); cf Matter 
of Michael Hertz Assocs., 19 I&N Dec. 558,560 (Comm'r 1988). 
As the documentation does not establish that the Petitioner has met this prong of the regulations, 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. That is, as the evidence does not establish that similar organizations in the same industry 
7 While the statutory "the" and the regulatory "a" both denote a singular "specialty," 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. See section 214(i)(l)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). 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 computer 
science and economics, would not meet the statutory requirement that the degree be "in the specific specialty ( or its 
equivalent)," unless the Petitioner establishes how each field is directly related to the duties and responsibilities of the 
particular position such that the required "body of highly specialized knowledge" is essentially an amalgamation of these 
different specialties. Section 214(i)(l)(B) of the Act (emphasis added). The Petitioner has not done so here. 
7 
routinely require at least a bachelor's degree in a specific specialty, or its equivalent, for parallel 
positions, not every deficit of every job posting has been addressed. 8 
Accordingly, the Petitioner has not satisfied the first alternative prong of the criterion at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
When discussing H-1B employment, the Petitioner's description must be comprehensive enough to 
properly ascertain the minimum educational requirements necessary to perform those duties. 
Although the Petitioner provided, in response to the RFE, a more extensive job description with 
percentages of time spent on each duty, the Petitioner's job description does not detail the complexity 
or uniqueness of the job duties, supervisory duties (if any), independent judgment required, or the 
amount of supervision received. 
We note that while a few related courses may be beneficial in performing certain duties of the position, 
the Petitioner has not demonstrated how an established curriculum of such courses leading to a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is required to perform the 
duties of the proffered position. Upon review, the record lacks sufficiently detailed information to 
distinguish the proffered position as more complex or unique from other positions that can be 
performed by persons without at least a bachelor's degree in a specific specialty, or its equivalent. 
We have reviewed the opinion of I Professor in the College of Management & 
Technology at I I university, submitted in response to the RFE. I I opines that the 
technical nature of the job duties necessitates a minimum of a bachelor's degree in a field such as 
computer science, computer information systems, or another closely related field. His opinion, 
however, does not establish that the proffered position requires a bachelor's degree in a specific 
specialty, or its equivalent. 
letter does not establish that he is qualified to determine whether the particular 
pos1t10n 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 its equivalent.I indicated that he is working 
as a foll-time faculty member of University since 2000 but he does not establish how he 
acquired personal knowledge of current industrywide hiring practices in his capacity as an academic 
instructor for the past 22 years. I ldoes not provide sufficient detail regarding his 
professional experience in the industry and how recent those years were. He also does not discuss 
8 It must be noted that even if all of the job postings indicated that a bachelor's degree in a specific specialty, or its 
equivalent, is common to the industry in parallel positions among similar organizations (which they do not). the petitioner 
has not demonstrated what inferences, if any, can be drawn from these advertisements with regard to determining the 
common educational requirements for entry into parallel positions in similar organizations. See generally Earl Babbie, 
The Practice of Social Research 186-228 (1995). 
8 
how he would have acquired personal knowledge of organizations' current business intelligence 
analyst hiring practices through those roles. We assignl !opinion little weight because 
he does not have personal knowledge of current hiring practices for business intelligence analysts in 
order to determine whether hiring companies usually associate the knowledge required to perform the 
associated duties of such positions with the attainment of a bachelor's or higher degree in a specific 
specialty, or its equivalent. See Matter of Caron Int'!, Inc., 19 I&N Dec. 795. 
We do not question that the duties described require a basic understanding of a technology position; 
however, as discussed above, the Petitioner has not established that a business intelligence analyst 
position requires a bachelor's degree in a specific specialty, rather it appears from the record that such 
a position requires at most knowledge of technical concepts that can be attained in a number of ways. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references the 
Beneficiary's education and experience as evidence that the proffered position is a specialty 
occupation. 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. Here, the Petitioner did not sufficiently develop 
relative complexity or uniqueness as an aspect of the duties of the position, and it did not identify any 
tasks that are so complex or unique that only a specifically degreed individual could perform them. 
Thus, it cannot be concluded that the Petitioner has satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it normally 
requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
The record must establish that a petitioner's stated degree requirement is not a matter of preference 
for high-caliber candidates but is necessitated instead by performance requirements of the position. 
See Defensor, 201 F.3d at 387-88. Were U.S. Citizenship and Immigration Services limited solely to 
reviewing the 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 
created a token degree requirement. Id. Evidence provided in support of this criterion may include, 
but is not limited to, documentation regarding the Petitioner's past recruitment and hiring practices, as 
well as information regarding employees who previously held the position. 
In its RFE response, the petitioner stated that it has an established employment practice of hiring 
individuals with a minimum of a bachelor's degree or higher for the same of similar position. The 
petitioner also listed four current employees and three previous employees, and their job titles and 
their level of education. The job titles held by these employees included systems engineer, software 
developer, application developer, systems developer, and software engineers. However, the Petitioner 
did not explain how these employees with very different job titles were performing the same or similar 
day-to-day duties required of the proffered position. 
Even if these individuals were employed in the same or similar position, we observe that the Petitioner 
was established in 2005 and currently has 18 employees. Consequently, it cannot be determined how 
9 
representative the Petitioner's claim regarding four current employees and three past employees (over 
a 17-year period of time) is of the Petitioner's normal recruiting and hiring practices. The Petitioner 
has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent. 
Here, the Petitioner claims that the position's nature and the specific duties are 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. However, the record does not 
sufficiently demonstrate that the duties of the proffered position are more specialized and complex 
than other positions in the occupational category. While we understand that the Beneficiary must have 
some skills and knowledge in order to perform the duties of the proffered position, the Petitioner has 
not sufficiently explained how these tasks require the attainment of a bachelor's or higher degree in 
the specific specialty or its equivalent as a minimum for entry into the occupation. 
Upon review of the totality of the record, the Petitioner has not established that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent. For the reasons discussed above, the evidence of record does not satisfy the fourth criterion 
at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
IV. CONCLUSION 
As the Petitioner has not satisfied at least one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has 
not demonstrated that the proffered position qualifies as a specialty occupation. In visa petition 
proceedings, it is a petitioner's burden to establish eligibility for the immigration benefit sought. 
Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden here, and the petition 
will remain denied. 
ORDER: The appeal is dismissed. 
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