dismissed H-1B Case: Information Technology

MATTER OF C-C- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 6, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
-The Petitioner, a three-employee technical services business, seeks to temporarily employ the 
Beneficiary as a "network systems administrator and engineer" under the H-1 B nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(H)(i)(b). The H-IB 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 t()r 
entry into the position. 
The Director of the Vermont Service Center denied the petition, concluding that the Petitioner did 
not establish that the position is a specialty occupation. 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred in her 
findings. 
Upon de novo 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 tor 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 protlered 
position must meet one of the following criteria to qualify as a specialty occupation: 
Matter ofC-C- LLC 
(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. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted 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. THE PROFFERED POSITON 
The Petitioner stated in its letter in support of the petition that the Beneficiary will perform the 
following duties (bullet points added and paraphrased for clarity): 
• Install, configure, and support [the Petitioner's] customers' local area networks 
(LAN), wide area networks (WAN), and Internet systems. 
• Monitor networks to ensure network availability to all of the company's 
customers and may perform necessary maintenance to support network 
availability. 
• Test customers' website performance to ensure their operations. 
• Assist in network modelling, analysis, planning, and coordination between 
network and data communications hardware and software, and administer 
network security measures. 
The Petitioner stated that it requires a minimum of a bachelor's degree in information science, 
computer science, computer engineering, or a related field to perform these duties, and that such a 
degree is common in the industry. 
The record also includes an employment offer dated and signed by the Beneficiary on March 11, 
2016, which was submitted in response to the Director's first request for evidence (RFE). 1 This 
1 
The Director issued a second RFE requesting additional information on the specialty occupation nature of the proffered 
2 
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Matter of C-C- LLC 
document provides a difierent version of duties, as follows (bullet points added and paraphrased for 
clarity): 
• Work with dispatch to work tickets with [the Petitioner's] vanous end user 
clients, including duties such as installing and various point 
of sale registers and peripherals, like receipt printers, symbol scanners, pin pad 
devices for the new chip credit cards. 
• Install and/or replace cisco routers, switches, access points, firewalls, desktops, 
laptops, thin clients. 
• Perform network analysis of [the Petitioner's] network and \Vhen called upon the 
network of clients to establish bandwidth utilization and cost effectiveness. 
• Install and maintain domain servers and outlook exchange server for [the 
Petitioner's] web domain. 
• Create and implement the company website and create a platform for end users to 
create a ticket that auto dispatches 
a technician. 
On appeal, the Petitioner uses the duties listed in the Jetter in support of the petition and in the initial 
employment offer as headings, and submits a lengthy narrative further describing these duties. 
Ill. ANALYSIS 
We have determined that the Petitioner has not demonstrated that it would employ the Beneficiary in 
a specialty occupation. Specifically, the record (1) does not describe the position's duties with 
sufficient consistent detail; and (2) does not establish that the job duties require an educational 
background, or its equivalent, commensurate with a specialty occupation. 2 
On the labor condition application (LCA) submitted in support of the H-I B petition, the Petitioner 
designated the proffered position under the occupational category "Network and Computer Systems 
Administrators" corresponding to the Standard Occupational Classification code 15-1142. 3 
position. In response. the Petitioner's prior counsel submitted a document on the Petitioner's letterhead that further 
described the duties of the position. Current counsel, speaking on behalf of the Petitioner, disavows this description 
asserting that the Petitioner's previous counsel fabricated the document. Accordingly, we will not review the description 
of duties in this document. 
1 The Petitioner s~bmitted documentation in support of the H-1 8 petition, including evidence regarding the proffered 
position and its business operations. Although we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). The 
"Prevailing Wage Determination Policy Guidance" issued by the DOL provides a description of the wage levels. A 
Level I wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to have a basic 
understanding of the occupation. This wage rate indicates: (I) that the Beneficiary will be expected to perform routine 
tasks that require limited, if any, exercise of judgment; (2) that he will be closely supervised and his work closely 
monitored and reviewed for accuracy; and (3) that he will receive specific instructions on required tasks and expected 
results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determinalion Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://tkdatacenter.com/download/ 
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Matter l~/'C-C- LLC 
Preliminarily, we note that on appeal, the Petitioner submits a new employment contract signed by 
the Petitioner and the Beneficiary which is effective November 11, 2016 . This employment contract 
also provides a description of the duties of the proffered position which generally combines and 
paraphrases the two descriptions of duties quoted above. The employment contract also amends the 
salary offered to correspond to the prevailing wage for a Level I network and computer systems 
administrator. 4 However, as the employment contract is effective subsequent to the date the petition 
was filed , as well as subsequent to the intended employment date for the Beneficiary , the 
employment contract will not be considered . The Petitioner must establish that all eligibility 
requirements for the immigration benefit have been satisfied from the time of the tiling and 
continuing through adjudication. 8 C.F.R. § l03 .2(b)(l). 
The Director, in her decision in this matter, determined that the evidence did not establish that the 
proffered position is a specialty occupation , finding that the duties described more closely 
corresponded to the duties of a "Computer Support Specialist," and that such a position is not a 
specialty occupation . On appeal , the Petitioner asserts that the duties of the proilered position may 
fall within the parameters of a network systems administrator and engineer or, in the alternative , a 
computer network support specialists , a sub-category of computer support specialists. 
The Petitioner's initial description of duties and of the duties set out in the March 11, 2016 , 
employment offer are general and do not include sutlicient information to conclude that the 
proffered position primarily incorporates the duties of a network systems administrator and engineer. 
We have reviewed the Petitioner's lengthy narrative of duties and the tables of duties submitted on 
appeal. We note that in the table of duties comparing the duties of the proffered position to the 
duties of a computer network support specialist , the Petitioner acknowledges that the duties of 
installing and configuring the LAN, WAN , and Internet systems are duties that may fall within the 
occupations of both a network systems administration /engineer and a computer network support 
specialist. Similarly, the duties of monitoring networks, performing maintenance of networking 
components, installing internet devices, installing and maintaining domain servers, and installing and 
replacing routers, switches, etc., are duties that fall within the general duties of both of these 
occupations. 
The Petitioner also points out that it needs to employ the Beneficiary to perform work related to 
ongoing work orders . The submitted copies of the Petitioner's work orders indicate generally that 
NPWHC_Guidance_Revised_11_2009.pdf A prevailing wage determination starts with an entry level wage and 
progresses to a higher wage level after considering the experience, education, and skill requirements of the Petitioner's 
job opportunity. !d. 
4 
The initial employment offer stated the Beneficiary would be paid an annual salary of $52,500. However, a Level I 
wage for a network and computer systems administrator is $28.07 hourly or $58,386 annually. See Foreign Labor 
Cet1ification Data Center Online Wage Library for the occupation "Network and Computer Systems Administrators'' at 
http://www. tlcdatacenter.com/OesQuickResults.aspx?code= 15-1 142&area= &year= 16&source= I (last visited Mar. 
3 L 20 17). The Level I wage for a computer network support specialist is $25.46 hourly or $52,957 annually. See id. at 
http://www. flcdatacenter.com/OesQuickResults .aspx?code= 15-1152&area= ~year= 16&source= I (last visited Mar. 
31' 2017). 
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Matter ofC-C- LLC 
the Petitioner's business involves installing grocery registers, scanners, chip readers, cameras/video 
surveillance systems, network, video and audio equipment, and replacing network racks with color 
coding of cables. These work orders describe support tasks while also overlapping with the duties of 
a telecommunications installer technician. 5 The record does not include sufticient evidence to 
determine that the duties described fall within any one of these three specific occupations. 
As the Petitioner has not established the substantive nature .of the work to be performed by the 
Beneficiary, we are precluded from finding that the proffered position satisfies any criterion at 
8 C.F.R. § 214.2(h)( 4)(iii)(A), because it is the substantive nature of that work that detem1ines (1) the 
normal minimum educational requirement for entry into the particular position, which is the focus of 
criterion 1; (2) industry positions which are parallel to the proffered position and thus appropriate for 
review for a common degree requirement, under the tirst alternate prong of criterion 2; (3) the level of 
complexity or uniqueness of the proffered position, which is the focus of the second alternate prong of 
criterion 2; ( 4) the factual justification for a petitioner normally requiring a degree or its equivalent, 
when that is an issue under criterion 3; and (5) the degree of specialization and complexity of the 
specific duties, which is the focus of criterion 4. 
Accordingly, as the Petitioner has not established that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A), it cannot be found that the proffered position qualities for classification as a 
specialty occupation. The appeal will be dismissed and the petition denied for this reason. 
Nevertheless, we have reviewed the Petitioner's actual business operations as evidenced by the 
submitted work orders and the Petitioner's description of its business, 6 and tind that, at most, the 
duties of the proffered position comprise primarily the duties of a computer network support 
specialist. In that regard, we have reviewed the Petitioner's assertion that even if the protTered 
position is a computer network support specialist, the proffered position is a specialty occupation. 
To make our determination as to whether a computer network support specialist position qualities as 
a specialty occupation, we tum to the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 7 
5 The Department of Labor's Occupational Outlook Handbook reports that "[t)elephone. computer. and cable 
telecommunications systems rely on equipment to process and transmit vast amounts of data.'' that 
"[t]elecommunications equipment installers and repairers install and service this equipment,'' and "[m]any telecom 
technicians also work with computers, specialized hardware, and other diagnostic equipment.'' See U.S. Dep't of Labor, 
Bureau of Labor Statistics, Occupational Outlook Handbook, (Handbook) 2016-17 ed., Telecommunications Equipment 
Installers and Repairers, https ://www. b ls.gov /ooh/installation-maintenance-and-repair/te lecom mun ications-equ ipment­
installers-and-repairers-except-line-installers.htm#tab-2 (last visited Mar. 31, 20 17). The Handbook states that typically 
postsecondary education in electronics, telecommunications, or computers is needed for telecom technicians. See id at 
tab-4. Accordingly, the Handbook does not report that a bachelor's degree in a specific specialty is needed to perform 
the duties of this occupation and any of the Beneficiary's duties falling within this occupation would not be specialty 
occupation duties. 
6 
On appeal, the Petitioner asserts that it "previously provided evidence of additional personnel (independent contractors) 
who will relieve the [B]eneficiary from performing routine technical support duties''; however, this evidence does not 
appear to be in the record. The work orders previously submitted identify the Petitioner's owner/president as the 
technician performing the work. 
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Although some aspects ofthe regulatory criteria may overlap, we will address each of the criteria individually. 
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Matter o,[C-C- LLC 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), 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 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. 8 
The Handbook states that computer network support specialists, a sub-category of the computer 
support specialists occupation, will in part: "[t]est and evaluate existing network systems;" 
"[p]erform regular maintenance to ensure that networks operate correctly;" and "[t]roubleshoot local 
area networks (LANs), wide area networks (WANs), and Internet systems." U.S. Dep't of Labor, 
Bureau of Labor Statistics, Occupational Outlook Handbook., 2016-17 ed., Computer Support 
Specialists, https://www.bls.gov/ooh/computer-and-information-technology/computer-support­
specialists.htm#tab-2 (last visited Mar. 31, 2017). 
The subchapter of the Handbook entitled "How to Become a Computer Support Specialist'' states, in 
relevant part: "Because of the wide range of skills used in different computer support jobs, there are 
many paths into the occupation. A bachelor's degree is required for some computer support 
specialist positions, but an associate's degree or postsecondary classes may be enough for others." 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook. 2016-17 ed., 
Computer Support Specialists, https://www.bls.gov/ooh/computer-and-into·rmation­
technology/computer-support-specialists.htm#tab-4 (last visited Mar. 31, 20 17). The Handbook also 
states: "For computer network support specialists, many employers accept applicants with an 
associate's degree, although some prefer applicants to have a bachelor's degree." ld. Thus the 
Handbook does not support the assertion that a baccalaureate or higher degree in a specific specialty. 
or its equivalent, is normally the minimum requirement tor entry into the computer network support 
specialist occupation. Rather, the Handbook reports that an associate's degree is sufficient f()r this 
occupation and although a bachelor's degree may be prefetTed in some instances, preference is not 
synonymous with a degree requirement. 
The Petitioner references the Occupational Information Network (O*NET) Summary Reports, in 
support of its assertion that the proffered position qualities as a specialty occupation normally 
requiring at least a bachelor's degree in a specific specialty, or its equivalent. However, the 
pertinent section of the O*NET OnLine Internet site relevant to 15-1152.00, Computer Network 
Support Specialists, does not state a requirement for a bachelor's degree tor this occupation. Rather, 
8 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category is reviewed as an aspect in establishing the general tasks and 
responsibilities of a proffered position, and we regularly review the Handbook on the duties and educational 
requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, 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. 
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Matter of C-C- LLC 
it assigns this occupation a Job Zone "Four': rating, which groups it among occupations for which 
"most ... require a four-year bachelor's degree, but some ,do not." O*NET OnLine Summary 
Report for "15-1152.00 Computer Network Support Specialists,"' 
http://www.onetonline.org/link/summary/15-1152.00 (last visited Mar. 31, 20 17); O*NET OnLine 
Help - Job Zones, http://www.onetonline.org/help/online/zones (last visited Mar. 31, 
2017). Further, O*NET OnLine does not indicate that four-year bachelor's degrees required by .Job 
Zone Four occupations must be in a specific specialty directly related to the occupation. Therefore, 
O*NET OnLine information is not probative of the proffered position being a specialty occupation. 
The Petitioner also references the Standard Vocational Preparation (SVP) rating of 7 to 8 for the 
computer network support specialist occupation. However, this SVP rating is not indicative of an 
occupation requiring a minimum of a bachelor's degree. Rather such a rating indicates that "over 
2 years up to and including 4 years" of training which "may be acquired in a school, work, military, 
institutional, or vocational environment," is the normal requirement for an SVP 7 to 8 rating. Thus, 
this SVP rating does not indicate that at least a four-year bachelor's degree is required, or more 
importantly, that such a degree must be in a specific specialty closely related to the occupation to 
which this rating is assigned. See Section II of the DOT's Appendix C, Components of the 
Definition Trailer, at http:/ /www.occupationalinfo.org/appendxc _l.html (last visited Mar. 31, 20 17). 
The Petitioner has not established that the proffered position falls under an occupational category for 
which the Handbook, or other authoritative source, indicates that normally the minimum requirement 
for entry is at least a bachelor's degree in a specific specialty, or its equivalent. The duties and 
requirements of the position as described in the record of proceeding do not show that this particular 
position proffered by the Petitioner is one for which a baccalaureate or higher degree in a specitic 
specialty, or its equivalent, is normally the minimum requirement for entry. The Petitioner has not 
satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(I). 
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 upon 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 . 
.., 
Matter ofC-C- LLC 
When determining whether there is such a common degree requirement, factors we often consider 
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 degteed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 115 L 1165 (D. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava. 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative sources) reports an 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 support of its assertion that the degree requirement is common to the Petitioner's industry in 
parallel positions among similar organizations, the Petitioner submitted copies of advertisements as 
evidence that its degree requirement is standard amongst its peer organizations for parallel positions 
in the industry. 
However, the record is insufficient to conclude that the advertising companies are similar to the 
Petitioner in terms of type, size, or scope. Additionally, the requirements to perform the duties of 
the advertised positions vary widely. Several of the advertisements indicate that experience 
equivalent to a bachelor's degree will suffice but either do not delineate the standards for 
determining equivalency or identify an amount of experience less than acceptable to comply with 
immigration standards. It is not possible to conclude from the information provided in the 
advertisements that the positions are parallel in level of responsibility to the proffered position. 
Accordingly, the job advertisements do not establish that similar organizations to the Petitioner 
routinely employ individuals with degrees in a specific specialty, in parallel positions in the 
Petitioner's industry. 
As the record does not include probative evidence that a ''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, the Petitioner has not satisfied the first alternative 
prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 9 
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The Petitioner also submitted two one-page Internet articles on the required qualifications for a junior network 
administrator. Both articles indicate that in addition to a bachelor's degree in the general fields of information 
technology or computer science, the junior network administrator needs between two and tive years of employment 
working with computers to qualify for the position. Here, even if considering the proffered position is a network and 
computer systems administrator position, which is not supported in the record, the Petitioner's designation of the 
proffered position as a Levell, entry level position which requires only a basic understanding of the occupation, conflicts 
with the Internet articles stating that even a junior network administrator needs employment experience. 
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Matter ofC-C- LLC 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. ~ 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
The Petitioner has not sufficiently developed relative complexity or uniqueness as an aspect of the 
proffered position. For instance, the Petrtioner 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 it may believe are so complex and unique. The Petitioner provided 
job descriptions that are subject to different interpretations regarding the level of design and 
analytical involvement by the Beneficiary and other salient aspects of the position. More 
specifically, the Petitioner does not demonstrate how the duties 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. The descriptions do not specifically 
identify any tasks that are so complex or unique that only a specifically degreed individual could 
perform them. 
The record is insufficient to establish 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 Petitioner does not claim and the record does not demonstrate that it has a recruiting and hiring 
history for this occupation. Accordingly, the record does not include evidence sufficient to conclude. 
that the Petitioner has satisfied the third criterion. 
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. 
The proposed duties have not been described with sutlicient specificity to show that they are more 
specialized and complex than other technical positions that are not usually associated with at least a 
bachelor's degree in a specific specialty, or its equivalent. We recognize that the Petitioner desires 
an individual with experience in particular platforms, applications; and hardware, however the 
Petitioner has not established that the described duties require more than technical proficiency. The 
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Matter ofC-C- LLC 
Petitioner has not demonstrated in the record that its proffered position is one with duties sufficiently 
specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. 
IV. BENEFICIARY'S QUALIFICATIONS 
We do not need to examine the issue of the Beneficiary's qualifications because the Petitioner has 
not provided sufficient evidence to demonstrate that the proffered position is a specialty occupation. 
Absent this determination, it also cannot be determined whether the Beneficiary possesses the 
appropriate degree, or its equivalent. Therefore, we need not and will not address the Beneficiary's 
qualifications, except to note that the combined evaluation of the Beneficiary's education and work 
experience submitted by the Petitioner is insufficient to establish that the Beneficiary possesses the 
equivalent of a U.S. bachelor's degree in any specific specialty. Specifically, the claimed 
equivalency was based in part on experience; however, there is no evidence that the evaluator has 
authority to grant college-level credit for training or experience in the specialty at an accredited 
college or university which has a program for granting such credit based on both the individual's 
training and work experience, and that the Beneficiary also has recognition of expertise in the 
specialty through progressively responsible positions directly related to the specialty. See 8 C.F.R. 
§ 214.2(h)(4)(iii)(C)(4) and (D)(l). As such, since evidence was not presented that the Beneficiary 
has at least a U.S. bachelor's degree in any specific specialty, or its equivalent, the petition could not 
be approved even if eligibility for the benefit sought had been otherwise established. 
V. CONCLUSION 
The appeal must be dismissed because the Petitioner has not established that the proffered position is 
a specialty occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter ofC-C- LLC, ID# 307194 (AAO Apr. 6, 2017) 
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