dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-I-T- CORP. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 28, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology firm, seeks to temporarily employ the Beneficiary as a 
"computer systems analyst" under the H-1B 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 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 ofhighly 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, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner did not demonstrate that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the evidence is sufficient to satisfy all evidentiary requirements. 
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 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: 
(b)(6)
Matter of P-1-T- Corp. 
(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). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 
2·14.2(h)(4)(iii)(A) to mean not jhst 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 
r:equirement 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 1-129, Petition for a Nonimmigrant Worker, the Petitioner stated that the Beneficiary 
would work at its New Jersey location. The labor condition application (LCA) is not 
certified for any other area.' 
On a letter submitted with the Form I-129, the Petitioner provided the following description of the 
duties of the proffered position: 
• Expand or 
modify system to serve new purposes or improve work flow. 
• Test, maintain, and monitor computer programs and systems, including 
coordinating 
the installation of computer programs and systems. 
• Develop, document and revise system design procedures, test procedures, and 
quality standards. 
• Provide staff and users with assistance solving computer related problems, such as 
malfunctions and program problems. 
• Review and analyze computer printouts and performance indicators to locate code 
problems, and correct errors by correcting codes. 
• Consult with management to ensure agreement on system principles. 
• Confer with clients regarding the nature of the information processing or 
computation needs a computer program is to address. 
2 
Matter of P-1-T- Corp. 
• Read manuals, periodicals, and technical reports to learn how to develop programs 
that meet staff and user requirements. 
• Coordinate and link the computer systems within an organization to increase 
compatibility and so information can be shared. 
• Determine computer software or hardware needed to set up or alter system. 
In response to a request for evidence (RFE) issued in this matter, the Petitioner provided the 
following amended duty description: 
• Modify its existing software to correct errors, allow it to adapt to new hardware, 
and improve performance (25%). 
• Develop and direct software system testing and validation procedures, 
programming, and documentation (1 0% ). 
• Confer with systems analysts, engineers, programmers and others to design system 
solutions and obtain information on project limitations and capabilities, 
performance requirements and interfaces (5%). 
• Analyze user needs and software requirements to determine feasibility of design 
within time and cost constraints ( 10% ). 
• Design, develop and modify software systems, using scientific analysis and 
mathematical models to predict and measure outcome and consequences of design 
(10%) 
• Store, retrieve, and manipulate data for analysis of system capabilities and 
requirements (5%) 
• Coordinate software system installation and monitor equipment functioning to 
ensure specifications are met (5%). 
• Obtain and evaluate information on factors such as reporting formats required, 
costs, and security needs to determine hardware configuration (1 0%). 
• Research and examine current systems and consulting users by liaising with [the 
Beneficiary's] colleagues such as systems analysts and designers (5%). 
• Design and write software, documentation and operating manuals (5%) 
• Test and modify systems to ensure that that [sic] they operate reliably by providing 
~/ 
support and responding to feedback, fault-finding, diagnosing and fixing system 
controls (10%). 
As to the education required by the proffered position, the Petitioner stated, "[W]e always require 
the services of an individual with a minimum of a Bachelor's degree or its equivalent in Computer 
Science, Computer ApplicatiC)~S, Commerce, Business Administration, or a related field." 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
Specifically, the record (1) does not describe the position's duties with sufficient detail; and (2) does 
3 
Matter of P-1-T- Corp. 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 1 
Initially, we observe that the Petitioner has not indicated that the proffered position requires a 
minimum of a bachelor's degree in a specific specialty or its equivalent. The Petitioner stated that 
the proffered position requires at least a bachelor's degree in "Computer Science, Computer 
Applications, Commerce, Business Administration, or a related field." This indicates that a 
bachelor's degree in business administration, with no further specification, would be a suitable 
educational preparation for the proffered position. 
The requirement of a bachelor's degree in business administration is inadequate to establish that a 
position qualifies as a specialty occupation. 2 A petitioner must demonstrate that the proffered 
position requires a precise and specific course of study that relates directly 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 (Comm'r 1988). To prove that a job requires the 
theoretical and practical application of a body of highly specialized knowledge as required by 
section 214(i)( 1) of the Act, a petitioner must establish that the position requires the attainment of a 
bachelor's or higher degree in a specialized field of study or its equivalent. As explained above, 
USCIS interprets the degree requirement at 8 C.P.R. § 214.2(h)(4)(iii)(A) to require a degree in a 
specific specialty that is directly related to the proposed position. USCIS has 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. v. Cherto.ff, 484 F.3d 139, 147 (1st Cir. 2007). 
Further, we observe that, rather than providing a detailed description of the specific duties of the 
proffered position, the Petitioner largely copied duty descriptions from O*NET. Specifically, the 
first duty description was taken directly from O*NET's job description for "Computer Systems 
Analysts"3 and most of the duties provided in response to the RFE was taken from "Software 
Developers, Applications." 4 This type of description may be appropriate when defining the range of 
duties that may be performed within an occupational category, but it does not adequately convey the 
~ 
1 
The Petition~r submitted documentation to support the H-1 B 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 
A general degree requirement does not necessarily preclude a proffered position from qualifying as a specialty 
occupation. · For example, an entry requirement of a bachelor's or higher degree in business administration with a 
concentration in a specific field, or a bachelor's or higher degree in business administration combined with relevant 
education, training, and/or experience may, in certain instances, qualify the proffered position as a specialty occupation. 
In either case, it must be demonstrated that the entry requirement is equivalent to a bachelor's or higher degree in a 
specific specialty that is directly related to the proffered position. See Royal Siam Corp. v. Chertoff, 484 F.3d at 147. 
3 See http://www.onetonline.org/link/summary/15-1121.00?redir=l5-1 051.00 (last visited Sept. 26, 20 16). \ 
4 
See http://www.onetonline.org/link/summary/15-1132.00 (last visited Sept. 26, 2016). 
4 
(b)(6)
Matter of P-1-T- Corp. 
substantive work that the Beneficiary will perform within the Petitioner's business operations and, 
thus, generally cannot be relied upon by a petitioner when discussing the duties attached to specific 
employment. In establishing a position as a specialty occupation, a petitioner must describe the 
specific duties and responsibilities to be performed by a ben~ficiary in the context of the Petitioner's 
business operations, as well as demonstrate that a legitimate need for an employee exists, and 
substantiate that it has H-lB caliber work for the Beneficiary for the period of employment 
r~quested in the petition. 
The portion of the description of the Beneficiary's duties that was not copied verbatim from O*NET 
lacks the specificity and detail necessary to support the Petitioner's assertion that the position is a 
specialty occupation. . The general description provided about the proffered position and its 
constituent duties is exemplified by the Pbtitioner's assertion that the Beneficiary will "research and 
examine current systems and cons~lting users by liaising with ... colleagues" and "design and write 
software." The Petitioner did not further elaborate on the specific tasks, methodologies, and 
applications of knowledge that would be required in furtherance of these overarching duties. 
Without providing a detailed description of the specific duties of the proffered position, as they 
would be performed in the context ofthe Petitioner's business operations, the Petitioner is unable to 
establish the substantive nature of the work the Beneficiary would actually perform if the visa 
petition were approved. 
We further note that the record of proceedings lacks documentation regarding the Petitioner's 
business activities and the actual work that the Beneficiary will perform to sufficiently substantiate 
the claim that the Petitioner has H -1 B caliber work for the Beneficiary for the period of employment 
requested in the petition. The Petitioner submitted one-age project summary for the 
project that the Beneficiary will work on as a computer systems analyst. The summary 
indicated that the project will be a "2-3 year ongoing in-house project." The summary lists two 
phases and a developmental approach. Upon review, we note that the documentation does not 
explain how a computer systems analyst would assist on this project, or specifically name the 
Beneficiary as personnel to assist with this project. In addition, the project summary is vague and 
does not clearly explain how the two phase will take two to three years to complet.e. The Petitioner 
also did not submit any contracts or corroborating evidence that this project has been contracted and 
that there are sufficient funds to continue for the entire duration of the project. Thus, the Petitioner 
did not provide documents to substantiate its ongoing project for the H-lB validity period5. 
5 The agency made clear long ago that speculative employment is not permitted in the H-1 8 program. For example, a 
1998 proposed rule documented this position as follows: 
Historically, the Service has not granted H-1 8 classification on the basis of speculative, or 
undetermined, prospective employment. The H-1 B classification is not intended-as a vehicle for an 
alien to engage in a job search within the United States, or for employers to bring in temporary foreign 
workers to meet possible workforce needs arising from potential business expansions or the 
expectation of potential new customers or contracts. To determine whether an alien is properly 
classifiable as an H-1 8 nonimmigrant under the statute, the Service must first examine the duties of the 
position to be occupied to ascertain whether the duties of the position require the attainment of a 
specific bachelor's degree. See section 214(i) of the Immigration and Nationality Act (the "Act"). The 
5 
Matter of P-1-T- Corp. 
"[G]oing on record without supporting documentary evidence is not sufficient for purposes of 
meeting the burden of proof in these proceedings." Matter of Soffici, 22 I&N Dec. 158, 165 
(Comm'r 1998) (citing Matter ofTreasure Craft of Cal., 14 I&N Dec. 190 (Reg'l Comm'r 1972)). 
That the Petitioner did not establish the substantive nature of the work to be performed by the 
Beneficiary precludes a finding that the proffered position is a specialty occupation under any 
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), because it is the substantive nature of that work that 
determines (1) the normal minimum educational requirement for 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 first 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. 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), and 
because the Petitioner has not indicated that the proffered position requires a minimum of a 
bachelor's degree in a specific specialty or its equivalent, it has not demonstrated that the proffered 
position qualifies as a specialty occupation. 
The burden is on the'Petitioner to show eligibility for the immigration benefit' sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-1-T- Corp., ID# 124863 (AAO Sept. 28, 2016) 
Service must then determine whether the alien has the appropriate degree for the occupation. In the 
case of speculative employment, the Service is unable to perform either part of this two-prong analysis 
and, therefore, is unable to adjudicate properly a request for H-1 B classification. Moreover, there is no 
assurance that the alien will engage in a specialty occupation upon arrival in this country. 
Petitioning Requirements for the H Nonimmigrant Classification, 63 Fed. Reg. 30,419, 30,419-20 (proposed June 4, 
1998) (to be codified at 8 C.F.R. pt. 214). While a petitioner is certainly permitted to change its intent with regard to 
non-speculative employment, e.g., a change in duties or job location, it must nonetheless document such a material 
change in intent through an amended or new petition in accordance with 8 CF.R. § 214.2(h)(2)(i)(E). 
6