dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 6198021 
Appeal of California Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 17, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "technical analyst" under the H-lB 
nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). 
The California Service Center Director denied the petition, concluding that the record did not establish 
that the proffered position qualifies as a specialty occupation. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. Upon 
de novo review, we will dismiss the appeal. 
I. SPECIALTY OCCUPATION 
A. 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 proffered 
position must meet one of the following criteria to qualify as a specialty occupation: 
(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 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"). 
B. 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. Specifically, the record 
does not include sufficient consistent, probative evidence of the nature of the proffered position 
establishing that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 
On the labor condition application (LCA) 1 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Computer Systems Analysts" 
corresponding to the Standard Occupational Classification (SOC) code 15-1121 at a Level II wage.2 
The Petitioner initially provided an overview of the proffered position and stated that its "minimum 
requirement is a comprehensive understanding of the position, which comes with at least a Bachelor's 
Degree in Information Technology and relevant professional experience." 
In response to the Director's request for evidence (RFE), the Petitioner elaborated on the duties of the 
proffered position and described how the duties of the proffered position correspond with the tasks 
outlined in the U.S. Department of Labor's (DOL) Occupational Information Network (O*NET) 
1 The Petitioner is required to submit a certified LCA 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 experience and qualifications who are performing the same services. Section 212(n)(l) 
of the Act; 20 C.F.R. § 655.731(a). 
2 The "Prevailing Wage Determination Policy Guidance" issued by the Department of Labor (DOL) provides a description 
of the wage levels. DOL's wage-level guidance specifies that a Level II designation is reserved for positions involving 
only moderately complex tasks requiring limited judgment. U.S. Dep't of Labor, Emp't & Training Admin .. Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://flcdatacenter.com/download/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. Id. 
2 
summary report for "Computer Systems Analysts" SOC code 15-1121. We agree that the Petitioner's 
description corresponds generally to the "Computer Systems Analysts" occupation described both in 
the DOL's Occupational Outlook Handbook's (Handbook) sub-chapter on "Computer Systems 
Analysts" and the O*NET's summary report on "Computer Systems Analysts." We do not conclude, 
however, that the "Computer Systems Analysts" occupation is categorically a specialty occupation. 
The Handbook sets out a variety of paths available to enter this occupation. For example, the 
Handbook recognizes that "[ a ]lthough many computer systems analysts have technical degrees, such 
a degree is not always a requirement" and that "[ m ]any analysts have liberal arts degrees and have 
gained programming or technical expertise elsewhere." 3 The Handbook does not clarify the type of 
technical degree (whether associate or bachelor's) and does not suggest how or how much 
programming or technical expertise is generally required for a non-computer degreed individual to 
enter into the occupation. It is this imprecise and varied information in the Handbook regarding the 
ways to enter into this occupation that obviates a conclusion that there is categorically a normal 
minimum educational requirement. 
Similarly, O*NET does not establish a "Computer Systems Analysts" occupation is a specialty 
occupation. The O*NET 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." 
Significantly, O*NET does not indicate that a four-year bachelor's degree required by Job Zone Four 
occupations must be in a specific specialty directly related to the occupation. 4 It does not refer to any 
specific discipline as required, therefore the information is not probative of the proffered position 
being a specialty occupation. Likewise, the Specialized Vocational Preparation (SVP) rating cited 
within O*NET's Job Zone does not establish this occupation is a specialty occupation. Rather the 
designation of this occupation as 7 < 8 indicates that the occupation requires "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, formal education, and experience - and it does not specify the 
particular type of degree, if any, that a position would require. 5 
The "Computer Systems Analysts" occupation encompasses a broad base ofresponsibilities and duties 
and the required education and experience to adequately perform these duties also varies. For 
example, programming or technical expertise not gained through bachelor's-level study may be 
acceptable to enter into this occupation. The Petitioner has not submitted other probative evidence to 
support a finding that its particular position will normally have a minimum, specialty degree 
requirement, or its equivalent, for entry. The Petitioner has the burden to demonstrate that the 
particular position offered to the Beneficiary is among the "Computer Systems Analysts" or other 
technology occupations for which a bachelor's degree in a specific specialty, or its equivalent, is 
normally required. The Petitioner has not established this component of the specialty occupation 
requirements. 
3 See Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Computer Systems Analysts, 
https://www.bls.gov/ooh/computer-and-information-technology/computer-systems-analysts.htm (last visited Jan. 17, 
2020). 
4 As the Petitioner acknowledges the requirement of a general bachelor's degree for entry into the occupation does not 
establish that the occupation is a specialty occupation. 
5 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/online/svp. 
3 
On appeal, the Petitioner asserts that the duties of its proffered position are specialized and complex 
and thus the proffered position is a specialty occupation. The Petitioner, however, offers confusing 
information regarding the proffered position in this regard. The Petitioner's description of duties 
includes tasks that appear to require providing basic technical support, such as maintaining and 
monitoring computer programs and systems, including coordination of installation of computer 
programs and systems; participating in DevOps and other engineering planning and working closely 
with product development operations and solution engineering teams; and, enhancing infrastructure 
monitoring and solutions. The Petitioner's designation of the proffered position on the certified LCA 
as requiring only a Level II wage is also indicative of a position that requires the performance of only 
moderately complex tasks which undermines a claim that the duties are complex and specialized or 
unique. The Petitioner's descriptions do not sufficiently develop the specialization and complexity or 
uniqueness of its particular position. 
Moreover, when claiming that the proposed duties are specialized and complex, the Petitioner lists the 
proposed duties, the specialized knowledge (skills) and level of knowledge required to perform the 
duties. The Petitioner asserts that the duties of the proffered position require the academic equivalent 
of a bachelor's degree in information systems and experience, including extensive experience and 
knowledge, in a number of methodologies, technology tools, platforms, and environments, in order to 
perform the duties of the position. The Petitioner does not define "extensive experience;" but states 
that the experience establishing the required specialized knowledge and skills to perform the position 
is 3+ and up to 6 years in multiple third party technology and programs. The requirement of extensive 
experience which appears to include 3 or more years of experience, in addition to a requirement of a 
bachelor's degree in information systems, conflicts with wage level designated on the certified LCA 
and raises farther questions regarding the nature and level of responsibility of the position. 
That is, the proffered position falls within a Job Zone Four occupation with an SVP rating of 7 < 8. 
For such a position which then also requires more than three years and up to four years of experience, 
a two level increase in the wage level is required for the LCA to correspond to and support the petition. 
If the position requires more than four years of experience, a three level increase in the wage level is 
required. 6 Thus, the LCA provided in support of the instant petition is at odds with the Petitioner's 
requirement that the proffered position requires extensive experience. A position requiring extensive 
6 The LCA serves as the critical mechanism for enforcing section 212(n)(l) of the Act, 8 U.S.C. § 1182(n)(l). See Labor 
Condition Applications and Requirements for Employers Using Nonimmigrants on H-1 B Visas in Specialty Occupations 
and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States, 65 Fed. 
Reg. 80,110, 80, 110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56) (indicating that the wage 
protections in the Act seek "to protect U.S. workers' wages and eliminate any economic incentive or advantage in hiring 
temporary foreign workers" and that this "process of protecting U.S. workers begins with [the filing of an LCA] with 
[DOL]."). According to section 212(n)(l)(A) of the Act, an employer must attest that it will pay a holder of an H-lB visa 
the higher of the prevailing wage in the "area of employment" or the amount paid to other employees with similar 
experience and qualifications who are perfom1ing the same services. See 20 C.F.R. § 655.73 l(a); Venkatraman v. REI 
Sys., Inc., 417 F.3d 418, 422 & n.3 (4th Cir. 2005); Patel v. Boghra, 369 F. App'x 722, 723 (7th Cir. 2010); Michal 
Vojtisek-Lom & Adm 'r Wage & Hour Div. v. Clean Air Tech. Int'!, Inc., No. 07-97, 2009 WL 2371236, at *8 (Dep't of 
Labor Admin. Rev. Bd. July 30, 2009). While DOL is the agency that certifies LCA applications before they are submitted 
to USCIS, DOL regulations note that the Department of Homeland Security (DHS) (i.e., its immigration benefits branch, 
USCIS) is the department responsible for determining whether the content of an LCA filed for a particular Form I-129 
actually supports that petition. See 20 C.F.R. § 655.705(b). 
4 
(3+ and up to 6 years) work experience would require at least a Level III ("experienced") wage level 
or more likely a Level IV ("folly competent") wage level. 
In general, a petitioner must distinguish its proffered position from others within the same occupation 
through the proper wage level designation to indicate factors such as the relative complexity of the job 
duties, the level of judgment, the amount and level of supervision, and the level of understanding 
required to perform the job duties. 7 As discussed, a Level II wage conflicts with a claim that the duties 
of the proffered position are "complex and unique" or are "specialized and complex" as compared to 
"Computer Systems Analysts" occupations in general and for a position that also requires, in part, 
extensive experience to perform its responsibilities. A designation for a Level II wage within the 
"Computer Systems Analysts" occupation is for a position that is not likely distinguishable by 
relatively specialized and complex or unique duties. Additionally, a Level II wage does not 
incorporate the Petitioner's experience requirement, a requirement that is in addition to the stated 
academic requirement. Thus, if we considered that the proffered position, relative to other computer 
systems analysts positions, includes higher-level specialized and complex or unique duties and 
requires extensive experience as the Petitioner claims, the petition could not be approved because the 
LCA submitted does not support the petition. 8 We note that if the Petitioner were to now claim that 
the LCA was certified for the proper wage level, it would raise credibility issues with regard to its 
claims about the specialization and complexity of the proffered position and likely mean that the 
Director's initial conclusion that the proffered position is not a specialty occupation was correct. 
Without a clear description of duties and the requirements to perform those duties that are 
commensurate with the wage level designated on the certified LCA, we are unable to ascertain the 
actual nature of the position and conclude that the position is a specialty occupation. Upon review of 
the totality of the record, the Petitioner has not included sufficient probative evidence to establish that 
more likely than not, the proffered position is a specialty occupation and that the petition should be 
approved. 
II. BENEFICIARY'S QUALIFICATIONS 
We also 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. That is, the Beneficiary's credentials to perform a particular job are relevant only when 
the job is found to be a specialty occupation. Therefore, we need not and will not address the 
Beneficiary's qualifications farther, except to note that the Petitioner did not submit an evaluation of 
the Beneficiary's foreign degree or sufficient evidence to establish that his foreign degree(s) are 
equivalent to a U.S. bachelor's degree in a specific specialty. As such, since evidence was not 
presented that the Beneficiary has at least a U.S. bachelor's degree in a specific specialty, or its 
equivalent, the petition could not be approved even if eligibility for the benefit sought had been 
otherwise established for this additional reason. 
7 U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://flcdatacenter.com/download/NPWHC _Guidance_ 
Revised_ 11 _ 2009 .pdf 
8 To be clear the Petitioner's certification of the proffered position as requiring only a Level II wage is inconsistent both 
with its claim that the duties of the position are complex and specialized or unique and with its requirement of extensive 
experience in addition to a bachelor's degree in information systems. 
5 
III. CONCLUSION 
The petition will be denied and the appeal dismissed for the above stated reasons, with each considered 
as an independent and alternative basis for the decision. It is the Petitioner's burden to establish 
eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Here, that 
burden has not been met. 
ORDER: The appeal is dismissed. 
6