dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 11, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an infonnation technology consulting and software development business, seeks to 
temporarily employ the Beneficiary as a "computer system engineer" under the H-1B nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-1B 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 California Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. 
On appeal, the Petitioner asserts that the Director erred and that the proffered position is a specialty 
occupation. 1 
Upon de nova review, we will dismiss the appeal.2 
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 
1 The Petitioner submitted documentation to support the H-1B petition , including evidence regarding the proffered position 
and its business operations. While we may not discuss every document submitted , we have reviewed and considered each 
one. 
2 We follow the preponderance of the evidence standard as specified in Matter ofChawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
Matter of S- Corp. 
(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 proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
(]) 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. Chertojf, 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 
On the Form I-129, Petition for a Nonimmigrant Worker, the Petitioner indicated that the Beneficiary 
wm work of:fs,te and designated the work location on the labor condition applicati~n (L:A) 3 as I I I Cr)jfornja The record shows the contractual chain as Petitioner - I 
(mid-vendor) - I (end-client). In response to the Director's request for evidence 
(RFE), the Petitioner submitted a statement of work (SOW) between the mid-vendor and end-client 
identifying the Beneficiary as the consultant and providing the following description of services 4: 
General description: Salesforce administration, configuration, and development 
( declarative and programmatic) 
3 A petitioner is required to submit an LCA to the Depaitment of Labor 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). 
4 The mid-vendor and the end-client each provided a letter paraphrasing the Petitioner's initial list of duties for the proffered 
position. 
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Matter of S- Corp. 
Objectives: Salesforce Administration including: managing fields, user profiles, user 
roles, security, data management, configuring objects, creating and managing reports 
and dashboards, and other standard tasks. Develop enhancements and customizations 
to resolve the backlog. Provide technical advice and guidance regarding Salesforce 
architecture and related integrations. Provide end-user training. Troubleshoot issues, 
diagnose, and resolve issues including those involving APEX and Visualforce pages 
and components. Facilitate discussions among business stakeholders to understand 
problem statements and gather requirements. Attend and contribute to design meetings, 
gather requirements and implements strategic solutions. Document business process 
flows and requirements. Develop the functional and technical design document for 
new business requirements. Identify test criteria and test new functionality and 
enhancements. 
The Petitioner, in response to the Director's RFE and on appeal, listed the Beneficiary's proposed 
responsibilities, elaborated on the duties involved in executing the responsibilities, 5 identified different 
technologies used in performing the duties, and noted the corresponding duty outlined in the 
Occupational Information Network (O*NET) Summary Report for the Standard Occupation 
Classification (SOC) code 15-1199.02 "Computer Systems Engineers/Architects" occupation. The 
SOC code 15-ll99.02 is a sub-category of the occupational category "Computer Occupations, All 
Others" the occupation designated on the LCA. 
The Petitioner initially stated that the proffered position required a bachelor's degree in computer 
science. In response to the Director's RFE, the Petitioner, mid-vendor, and end-client asserted that 
the position required a bachelor's degree in computer science and various Salesforce certifications. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, the Petitioner has not 
demonstrated that the proffered position qualifies as a specialty occupation. The record does not establish 
that the job duties require the theoretical and practical application of a body of highly specialized 
knowledge attained through at least a baccalaureate degree in a specific discipline, or its equivalent. 
On appeal, the Petitioner asserts that the proffered position is so complex and unique that only an 
individual with a de ee in a specific specialty can perform it. The Petitioner also refers to the revised 
opinion prepared b ~---~--~~ Senior Fr 1))-time Carl Faculty member in the College of 
Management & Technology at University in~----~ Minnesota, as evidence establishing 
the position is a specialty occupation. I I opines that the position is specialized and requires a 
bachelor's degree in computer science or a related field and that such a requirement is common in the 
industry. Accordingly, on appeal, the Petitioner challenges the Director's analysis of the regulatory 
requirements at 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) and (4). As the Petitioner does not offer argument on 
other criteria, we limit our analysis to the Petitioner's challenge regarding these criteria. 
5 For the sake of brevity, we will not list the duties and responsibilities outlined in the Petitioner's descriptions of the 
proffered position, however, we have reviewed and analyzed each one. 
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Matter of S- Corp. 
A. First Prong of the 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 addresses the common industry 
practice, while the second prong focuses on the Petitioner's specific employment practices. 
To satisfy the first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" ( e.g., a requirement of a bachelor's degree or higher 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 
Department of Labor's (DOL) Occupational Outlook Handbook (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) ( considering these "factors" to inform the commonality of a degree requirement)). 
Turning to the Handbook, we observe that although the Handbook is a resource offering information on 
hundreds of occupations, there are occupational categories which the Handbook does not cover in detail, 
and instead provides only summary data. The subchapter of the Handbook titled "Data for Occupations 
Not Covered in Detail" states, in relevant part, that the "[t]ypical entry-level education" for "Computer 
Systems Engineers/Architects" is a "Bachelor's degree," without indicating that the bachelor's degree is 
in a specific specialty. 6 Thus, the Handbook does not indicate that these positions comprise an 
occupational group for which normally the minimum requirement for entry is at least a bachelor's degree 
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 otherwise qualifies as a specialty occupation 
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 authoritative sources) that 
indicates whether the position in question qualifies as a specialty occupation . 
.__ ____ _.lin his opinion, refers to an article at https://www.sokanu.com/careers/computer-systems-
engineer/ which apparently discusses the computer systems engineer as someone who combines 
knowledge of computer science, engineering, and mathematical analysis to understand how computer 
technology fits into the larger scheme of professional and personal needs. 71 c::JI does not further 
elaborate on this article or discuss any information in the article that demonstrates the claimed degree 
requirement "is common to the industry in parallel positions among similar organizations." 
6 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook. Data for Occupations Not Covered in 
Detail, https://www.bls.gov/ooh/about/data-for-occupations-not-covered-in-detail.htm (last visited Sep. 1 L 2019). 
71 !does not attach copies of any of the referenced aiiicles to his opinion. 
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Matter of S- Corp . 
.__ ____ _.I also refers to another article at http://study.com/articles/ on job information for students 
considering a career in computer systems engineering. This article apparently discusses computer 
systems engineering as an occupation that uses engineering, mathematical analysis, an~ computer science 
to develop, test and evaluate circuits, software, personal computers, and more. Again,L I does 
not comment on the relevance of this article in establishing a common degree requirement in the industry 
for positions parallel to the proffered position within similar organizations . 
.__ ____ _.I further references a curriculum recommendation journal that provides standardized 
curriculum guidelines for various computing disciplines. I points out that the 2013 computer 
science curriculum guidelines comprises 18 knowledge areas corresponding to topical areas of study and 
asserts that the proffered position's core duties fit within the specialized topics covered in a standard 
undergraduate computer science or related degree curriculum. He, however, does not provide a 
comprehensible correlation between the specific duties of the proffered position and the necessity of a 
bachelor's degree in a specific specialty. Rather, he concludes that because some of the proposed duties 
fall within the scope of a curriculum with broad knowledge areas this demonstrates that the position 
requires a bachelor's degree or the equivalent in a field such as computer science or another closely related 
field. I ldoes not offer his examination of the actual duties of the proffered position and does 
not explain which duties fall within one or more of the 18 knowledge areas. He does not provide the 
necessary analysis to lead to and reach his conclusion. Moreover, this journal is a career preparation 
resource, it is not a study of industry-wide recruiting and hiring standards. Without clear analysis, 
supported by research, surveys, statistics, or other objective quantifying evidence regarding the minimum 
education requirements for the proffered or a parallel position,! rs opinion is not probative. 
While I lmay have anecdotal information regarding recruitment by employers for students 
who study computer science, the record does not include relevant research, studies, surveys, or other 
authoritative publications as a foundation to establish this criterion. 
We also reviewed the letter prepared byl I President of I I, who notes that his 
company currently employs 123 professionals of which 3 are computer systems engineers who possess a 
bachelor's degree in computer science or a related field. It is not possible to ascertain from the syntax of 
the letter whether this company employs only three computer systems engineers or that it has three 
computer systems engineers who possess a bachelor's degree in computer science or a related field anrngl 
an unknown number of computer systems engineers who possess other unrelated degrees. Further, 
I !repeats portions of the Petitioner's description of duties of the proffered position and asserts that 
he has "searched and reviewed the minimum requirements for aforementioned specialty occupation 
position offered by similarly situated companies" and that the common industry standard requirement is 
at least a bachelor's in computer science or a related field. I I does not refer to or provide what 
he searched and reviewed to establish the basis of his opinion. While he may have anecdotal information 
regarding recruitment by employers for positions within the technology industry, his conclusory opinion 
is insufficient to establish the specific requirements of the first prong of this criterion. The record does 
not include evidence that I I has published, conducted research, or run surveys regarding the 
minimum education requirements throughout the industry for positions such as the position proffered 
here. While we notd~---~t s opinion, we find it has little probative value in establishing a common 
degree requirement throughout the Petitioner's industry for positions parallel to the proffered position. 
The record is insufficient to establish the first prong of the second criterion. 
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Matter of S- Corp. 
B. Second Prong of the First Criterion and Fourth Criterion 
The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), 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 fourth criterion at 8 C.F.R. 
§ 2 l 4.2(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. 
On appeal, the Petitioner refers to the elaboration of duties it provided and asserts that such a detailed 
explanation of the job duties provide clear insight of the complexity of the job duties the Beneficiary 
performs as an "information technology analyst" and also "how a bachelor's degree in specific specialty 
is mandated to perform such duties." Although the Petitioner's description elaborates on the duties to be 
provided to the end-client, the Petitioner does not explain the specialization and complexity or uniqueness 
of the standard duties the end-client requires. Neither the mid-vendor nor the end-client explains why the 
duties of a standard computer systems engineer with the general duties described require a bachelor's 
degree in computer science. Although we understand the necessity for Salesforce certifications in this 
particular position, it is unclear why the general duties listed elevate the proffered position to a position 
that requires more than a general bachelor's degree. The Petitioner has not adequately explained why the 
position requires a bachelor's-level, or higher, degree in a specific specialty to perform the duties rather 
than offering conclusory statements without an analytical basis. 
In our review of the Petitioner's description and elaboration of duties on appeal, we understand that the 
duties correspond generally to the O*NET' s summary report for "Computer Systems 
Engineers/ Architects." However, the Petitioner does not explain what particular courses are required to 
perform the duties it outlines. After detailing the duties on appeal the Petitioner simply states that the 
position requires a "[m]inimum of bachelor's degree in Computers [sic], Information Systems or related 
field." First, the Petitioner does not explain how a "bachelor's degree in Computers, Information 
Systems" includes the same foundational coursework as well as the higher-level classes of a bachelor's 
degree in computer science. 
Second, and more significantly, the Petitioner does not offer an analysis of what makes the duties, that 
correspond generally to the O*NET' s summary report, specialized and complex or unique. The O*NET 
identifies this occupation as falling within the Job Zone 4 rating, which groups it among occupations for 
which "most ... require a four-year bachelor's degree, but some do not." Significantly, O*NET does 
not indicate that even a four-year bachelor's degree ifrequired by a Job Zone 4 occupation must be in 
a specific specialty directly related to the occupation. Thus, the O*NET does not establish that the 
requirement of a bachelor's degree for entry into the occupation must be in a specific discipline as 
required by the statutory and regulatory definitions. The Petitioner's proffered position is a standard 
"Computer Systems Engineers" occupation, as noted in the end-client's SOW, and requires at most a 
general degree and Salesforce certifications. 
We have again reviewed I l's opinion regarding the proffered position I lprovides 
a transcript of an interview he conducted with the senior director of sales operations for the end-client. 
The end-client representative notes that the position requires research, critical thinking, reasoning, and 
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Matter of S- Corp. 
analysis, financial analysis, managerial economics, probability and statistics, and quality management as 
the foundation knowledge to perform the duties. The representative does not describe, for example, why 
the position requires financial analysis or managerial economics knowledge and it is not apparent from 
the duties described that this knowledge pertains to the position proffered here. Additionally, the 
end-client representative in response to the question "What is the skill level and nature of the job duties 
that require a Bachelor's degree in the specific specialty or closely related field?," states: 
The position requires a highly skilled technical mind with advanced reasoning and coding 
skills. The nature of the job duties is technical. Job duties require a high level of analytical 
skills to analyze requirements and the pre-existing CRM application configurate [sic] and 
license restrictions, and critical thinking to build solutions to work within the situation and 
to deploy the solution in an efficient manner than keeps with best practice. 
This response does not assist in establishing that the proffered position requires anything more than a 
broad-based education or experience in a technical position. That is, there is no evidence that the skills 
the end-client representative mentions must be attained through a bachelor's degree in a computer science 
or any particular specialty. In response to the general question "Why is a Bachelor's degree or higher in 
specific specialty or closely related field needed for this job?," the end-client representative focuses on 
the "analytical and critical thinking skills acquired from the coursework." The end-client representative 
does not identify the coursework or specific specialty that results in the analytical or critical thinking skills 
needed, again suggesting that any coursework that provides analytical or critical thinking skill is 
sufficient. Further, in response to the direct question "What special academic disciplines does [sic] the 
Beneficiary did [sic] to have to perform the proffered job?" the representative identifies "Formal Sciences 
(Mathematics, Statistics) and Applied Sciences (Engineering and technology)." This response, along 
with the other responses, does not correspond to previous statements that the proffered position requires 
a bachelor's degree in computer science. The generality of the end-client's expectations to perform the 
proffered position undermines the Petitioner's claim that the proffered position requires a bachelor's 
degree, or higher, in computer science, or its equivalent. 
~---"T"i _.,..I without analyzing or explaining the end-client's generic statements, concludes that the 
"Computer Systems Engineer, who will be responsible for the duties described, above [possibly referring 
to the Petitioner's description of duties] is required to demonstrate bachelors-level academic training or 
its equivalent in one of these functional areas." does not cogently express which or what 
functional area[ s] he is referring to.~-----' s conclusory statements without the specific context 
of particular duties and analysis of how those duties are specialized and complex or unique are not 
persuasive. We may, in our discretion, use opinion statements submitted by the Petitioner as advisory. 
Matter of Caron Int'l, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). However, where an opinion is not in 
accord with other information or is in any way questionable, we are not required to accept or may give 
less weight to that evidence. Id. Here, the opinion does not assist in establishing how the proffered 
position is specialized and complex or unique such that it requires a bachelor's degree in a specific 
specialty to perform the duties of the position. 
We understand that the Beneficiary will require technical skills and knowledge, particularly regarding the 
Salesforce platform and applications, but the record is insufficient to establish that the duties require both 
the theoretical and practical application of a body of highly specialized knowledge and the attainment of 
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Matter of S- Corp. 
a baccalaureate or higher degree in a specific specialty, or its equivalent, as the minimum for entry into 
the occupation. See section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty 
occupation). Again, relative specialization and complexity or uniqueness have not been sufficiently 
developed in the record. The Petitioner has not established any of the regulatory criteria on appeal and 
has not established the proffered position qualifies as a specialty occupation under the regulatory or 
statutory definitions. 
IV. CONCLUSION 
The appeal will be dismissed for the above stated reasons. 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. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter of S- Corp., ID# 4676654 (AAO Sept. 11, 2019) 
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