dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S- INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 5, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology software development and solutions provider, seeks to 
temporarily employ the Beneficiary as a "systems administrator" 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 Vermont 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-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 petitioner must establish that it meets each eligibility requirement of the benefit sought by a preponderance of the 
evidence. Matter ofChawath e, 25 I& N Dec . 369, 375-76 (AAO 2010). In other words, a petitioner must show that what 
it claims is "more likely than not" or "probably" true. To determine whether a petitioner has met its burden under the 
preponderance standard, we consider not only the quantity , but also the quality (including relevance , probative value, and 
credibility) of the evidence. Id. at 376; Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r 1989). 
Matter of S- Inc 
(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 
will work olfaite and designated the work location on the labor condition applicatir (LCA)3 ·: I I I Florida. The Petitioner also included its sub-vendor agreement with 
I l(mid-vendor) and a work order which identifies the customer as 
( end-client). The work order also identifies the Beneficiary. In response to the Director's request for 
evidence (RFE), the Petitioner listed the proposed duties and the time allocated to those duties as 
follows4 (paraphrased and bullet points added): 
3 A petitioner is required to submit an LCA to the Depaitment of Labor to demonstrate that it will pay an H-lB 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 Under each of the duties listed below, the Petitioner added the environments, platforms, and software the Beneficiary 
would use in carrying out the duties. For example, the Petitioner noted under the first bullet point that this duty includes 
configuring, managing and administrating Linux, Windows Servers with user management, logs and recovery capacities. 
Under another duty (the fifth bullet point), the Petitioner added that this duty includes planning, managing and installation 
of VMware ESXi6.0/5.5 server, installation and configuration of virtual center databases and installation of VMware 
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Matter of S- Inc 
• In depth knowledge and work on server administration, computer networking and 
security, data center migrations and consolidations, storage administration, 
computer operations, network services, desktop services, system development, 
enterprise information management for end users. 20% 
• Simplify, automate, and enhance the process speed of manual administration tasks 
and activities by developing macros/scripts. 8% 
• Utilize various monitoring tools to identify bottlenecks of the infrastructure and 
plan solutions for the same. 10% 
• Analyze existing server infrastructure for data center consolidation. 5% 
• Administration and management of virtual infrastructure environment - monitor, 
analyze, identify, and troubleshoot issues, upgrade of virtual infrastructure products 
- Vmware vSphere suite 5.x/6.x including VMware vCenter Server, VMware 
ESX/ESXi clusters, virtual machines and templates; VMware Site Recovery 
manager for disaster recovery of environment; physical to virtual migration (P2V s ); 
Microsoft Hyper-V. 20% 
• Build and support private/hybrid/public cloud environment by utilizing various 
cloud computing tools as per requirement. 15% 
• Responsible for computer networking management, Windows/Linux server 
administration, computer operations, network services, desktop services, systems 
development, enterprise information management for end users. 10% 
• Administer production servers/network infrastructure that includes Windows 
administration of Domain Controllers, IIS web servers (HTTP/S/FTP and SMTP), 
file and print servers and terminal servers on Windows 2012/2008 R2. 7% 
• Work with software vendors to provide optimum system performance and 
availability. 5% 
In response to the Director's RFE, the Petitioner stated that the proposed position required a bachelor's 
degree in computer science or a directly related field. 
III. ANALYSIS 
Preliminarily, we note that the sub-vendor agreement and work order provided for the record does not 
include sufficient information describing the Beneficiary's proposed assignment at the end-client. 
Additionally, the work order includes confusing references to the site location, identifying the site as 
I I on the first page and I !Florida on the second page. Further, the work 
order, although identifying the Beneficiary, does not describe a specific project, the scope of the 
project, or the Beneficiary's work related to completing the project. Notably, the record also lacks 
evidence from the end-client substantiating its relationship with the mid-vendor and recognizing the 
Petitioner's role in the Beneficiary's assignment. The lack of underlying evidence establishing the 
contractual chain and the legal obligation of either the mid-vendor or the end-client to assign the 
infrastructure virtual machines. For the sake of brevity, we will not repeat each sub-duty here, however, we have reviewed 
and considered each one. 
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Matter of S- Inc 
Beneficiary any work raises questions regarding the existence of work for this particular Beneficiary 
for the requested employment period. 5 
Setting aside the inadequacy of evidence substantiating the existence of work, the Petitioner has not 
established the proffered position qualifies as a specialty occupation. Specifically, the record does not 
establish that the job duties require an educational background, or its equivalent, commensurate with 
a specialty occupation. 
A. First Criterion 
The criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]), 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. 6 
The Petitioner designated the position on the certified LCA as a Standard Occupation Classification 
(SOC) code 15-1142 "Network and Computer Systems Administrators" occupation. We reviewed the 
Handbook's subchapter entitled "How to Become a Network and Computer Systems Administrator," 
which states, in pertinent part, that most network and computer systems administrators have a 
bachelor's degree in a field related to computer or information science but some employers hire 
workers with only a postsecondary certificate or an associate's degree. 7 Thus the Handbook provides 
a range of methods to enter the occupation, from a postsecondary certificate, to an associate's degree, 
to a bachelor's degree in a field related to computer or information science. The Handbook does not 
establish a normal minimum requirement for entry into the occupation. 
We have reviewed the Petitioner's assertion on appeal that the Handbook is sufficient to establish the 
occupation is a specialty occupation. We disagree. When the Handbook recognizes a variety of paths 
to enter into the occupation, we look for evidence that demonstrates where the proffered position might 
fall within the occupational duties as outlined in the Handbook. Here, the Petitioner has provided a 
basic description of the proposed duties. Although the description is lengthy it does not include 
information or analysis showing why someone with a postsecondary certificate could not perform the 
duties described. Similarly, the description lacks information and analysis demonstrating why the 
5 The Petitioner must establish that all eligibility requirements for the immigration benefit have been satisfied from the 
time of the filing and continuing through adjudication. 8 C.F.R. § 103.2(b)(l). Moreover, speculative employment is not 
permitted in the H-IB program. See, e.g., 63 Fed. Reg. 30,419, 30,419-20 (proposed June 4, 1998)(to be codified at 
8 C.F.R. pt. 214). 
6 The Handbook may be accessed at https://www.bls.gov/ooh. We do not, however, maintain that the Handbook is the 
exclusive source ofrelevant information. That is, the occupational category designated by the Petitioner is considered 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. Nevertheless, 
to satisfy the first criterion, the burden of proof remains on the Petitioner to submit sufficient evidence to support a 
conclusion that its particular position would normally have a minimum, specialty degree requirement, or its equivalent, for 
entry. The Petitioner has not done so here. 
7 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Network and Computer Systems 
Administrators, https://www.bls.gov/ooh/computer-and-information-technology/network-and-computer-systems­
administrators.htm (last visited Sep. 4, 2019). 
4 
Matter of S- Inc 
proffered pos1t10n could only be performed by someone with a bachelor's degree in a specific 
specialty, or its equivalent. That is, the duties involve tasks that are routine and while some technology 
knowledge of various software, platforms, and environments may be required, there is insufficient 
probative detail to conclude that the duties require knowledge attained through bachelor's-level study 
in a specific discipline. 
The Petitioner also refers to the DOL's Occupational Information Network (O*NET) summary report 
for the "Network and Computer Systems Administrators" occupation. Though relevant, the 
information the Petitioner submits from O*NET does not establish eligibility under the first criterion, 
as it does not establish that a bachelor's degree in a spec[fic specialty, or the equivalent, is normally 
required. Rather, the DOL designates this occupation as a Job Zone Four occupation, which does not 
include a requirement for the academic credentials to be directly related to the duties performed. 
Additionally, the Specific Vocational Preparation (SVP) rating, which is defined as "the amount of 
lapsed time required by a typical worker to learn the techniques, acquire the information, and develop 
the facility needed for average performance in a specific job-worker situation," cited within O*NET's 
Job Zone section designates this position as having an SVP 7 < 8. This indicates that the occupation 
requires "over 2 years up to and including 4 years" of training. 8 While the SVP rating provides 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 again it does not specify the particular type of degree, if any, that a position would 
require. 9 
Further, the O*NET summary report includes a graph of the educational requirements of 
"respondents" for this occupation. The respondents' positions within the occupation are not 
distinguished by career level ( e.g., entry-level, mid-level, senior-level). Additionally, the graph in the 
summary report does not indicate that the "education level" for the respondents must be in a specific 
specialty. Notably, the survey for this occupation indicates that 52% of "respondents" claim to hold 
a bachelor's degree. The same survey indicates that an additional 20% of "respondents," reported 
possessing at most an associate' s degree, and a forth er 10% reported some college but no degree, while 
the remaining 18% did not report. Thus, this information is indicative of 52% of the respondents, at 
most, possessing a general bachelor's degree, not a bachelor's degree in a specific specialty. We have 
reviewed the additional information the Petitioner submits from the DOL, including the table titled 
employment projections and the educational attainment for workers 25 years and older by detailed 
occupation. This table, based on data from 2016, indicates that only 40. 7 percent of workers in this 
occupation possess a general bachelor's degree, while 23.3 percent have some college but no degree, 
and 15 .1 percent possess an associate' s degree. These cited sources are insufficient to establish that a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally required to perform 
the duties of the occupation, on the contrary they appear to confirm that there are multiple paths to 
enter into the occupation. 
8 This training may be acquired in a school, work, military, institutional, or vocational environment. Specific vocational 
training includes: vocational education, apprenticeship training, in-plant training, on-the-job training, and essential 
experience in other jobs. 
9 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/online/svp. 
5 
Matter of S- Inc 
We have also reviewed the opinion prepared by 
Graduate School -
Adjunct Professor, The 
.__ ______ __, 10 .__ ___ _. acknowledges that the Handbook and the O*NET "leave the 
possibility open for a minority of Network and Computer Systems Administrator positions to require 
less than a Bachelor's Degree" but then concludes that "the Systems Administrator at [the Petitioner] 
would clearly be among the majority of Network and Computer Systems Administrator positions 
which would absolutely require Bachelor's-level preparation at a minimum." I lbases this 
conclusion on the Petitioner's dependence on the expertise of this position to keep systems functional 
and optimized. HoweverJ I does not adequately explain what sets the Petitioner apart from 
companies that do not require a bachelor's degree in a specific discipline to perform this occupation. 
That is, all companies desire a candidate who will keep its systems functional and optimized. Here, 
the record does not include sufficient consistent information regarding the proposed position to 
conclude that the Petitioner's particular position, as described in the record normally requires a 
bachelor's degree in a specific specialty. The record is deficient in this regard. 
Nor is the case law the Petitioner cites sufficient to satisfy the first criterion. The Petitioner cites to 
Residential Finance Corp. v. USCIS, 839 F. Supp. 2d 985 (S.D. Ohio 2012), for the proposition that 
"[t]he knowledge and not the title of the degree is what is important. Diplomas rarely come bearing 
occupation-specific majors. What is required is an occupation that requires highly specialized 
knowledge and a prospective employee who has attained the credentialing indicating possession of 
that knowledge." 
We agree with the aforementioned proposition that "[t]he knowledge and not the title of the degree is 
what is important." 11 In general, provided the specialties are closely related, e.g., chemistry and 
biochemistry, a minimum of a bachelor's or higher degree in more than one specialty is recognized as 
satisfying the "degree in the specific specialty ( or its equivalent)" requirement of section 214(i)(l )(B) 
of the Act. In such a case, the required "body of highly specialized knowledge" would essentially be 
the same. Since there must be a close correlation between the required "body of highly specialized 
knowledge" and the position, however, the mere requirement of a degree, without farther specification, 
IO Service records show thatl I used a template with conclus01r findings and little or no analysis to support the 
Petitioner's particular position as a specialty occupation. For exampl~, lrepeats the Petitioner's description of 
duties, repeats the duties listed in the Handbook and the O*NET for this occupation, lists a number of courses that may be 
part of a computer science or information technology degree, and identifies three courses that may prepare an individual 
to perform the duties of this position. Service records show that this same template with the same language, organization, 
and similar conclusory statements regarding different occupations and also without supporting analysis has been submitted 
on behalf of other petitioners. The similarity in conclusions, without cogent analysis, strongly suggests that the authors of 
the opinions were asked to confirm a preconceived notion as to the required degrees, not objectively assess the proffered 
position and opine on the minimum bachelor's degree required. While we will review the opinion presented, it has little 
probative value as it does not include specific analysis of the duties of the particular position that is the subject of this 
petition. 
11 We note that the Petitioner has furnished no evidence to establish that the facts of the instant petition are analogous to 
those in Residential Finance. We also note that, in contrast to the broad precedential authority of the case law of a United 
States circuit court, we are not bound to follow the published decision of a United States district court in matters arising 
even within the same district. See Matter of K-S-, 20 T&N Dec. 715, 719-20 (BIA 1993). Although the reasoning 
underlying a district judge's decision will be given due consideration when it is properly before us, the analysis does not 
have to be followed as a matter of law. Id. 
6 
Matter of S- Inc 
does not establish the position as a specialty occupation. Cf Matter of Michael Hertz Assocs., l 9 I&N 
Dec. 558, 560 (Comm'r 1988) ("The mere requirement of a college degree for the sake of general 
education, or to obtain what an employer perceives to be a higher caliber employee, also does not 
establish eligibility."). Thus, while a general-purpose bachelor's degree may be a legitimate 
prerequisite for a particular position, a position requiring such a degree, without more, will not justify 
a conclusion that a particular position qualifies for classification as a specialty occupation. 12 Royal 
Siam Corp., 484 F.3d at 147. Here, the Petitioner has not met its burden to establish that the particular 
position offered in this matter requires a bachelor's or higher degree in a specific specialty, or its 
equivalent, directly related to its duties in order to perform those tasks. 
The Petitioner has not provided sufficient documentation from a probative source to substantiate its 
assertion regarding the minimum requirement for entry into this particular position. Thus, the 
Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]). 
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 the 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. 
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. 13 
In response to the Director's RFE, the Petitioner submitted 13 job postings to demonstrate that a degree 
in a specific specialty is a common requirement of the industry for parallel positions among similar 
12 The Petitioner also cites to Matter of Shin, 11 l&N Dec.686 (D.D. 1966) which discusses the definition of a 
"professional" occupation, not a specialty occupation. The Petitioner does not establish that this case is analogous to the 
matter at hand and thus its relevance has not been established. 
13 We also reviewed the industry letter submitted to demonstrate the normal hiring requirements for a systems administrator 
position. The letter's author states their staffing company employs 33 systems administrators on various client projects 
and that it normally requires a bachelor's degree or equivalent in a related field of study which normally includes computer 
science, electrical engineering or other related fields. While we take note of the letter, without more detail and 
corroboration, one letter is insufficient to refute the Handbook's report and establish a normal hiring requirement for a 
particular position. It is also insufficient to establish a common degree requirement for a parallel position for a similar 
organization within a particular industry. 
7 
Matter of S- Inc 
organizations. On appeal, the Petitioner resubmits these same job postings and asserts that "[i]t is 
concerning that USCIS [United States Citizenship and Immigration Services] is not able to identify 
the commonality among these advertisements." The Petitioner does not otherwise challenge the 
Director's analysis. We point out, for the Petitioner's further edification, that it who bears the burden 
of proof, does not establish that the advertising companies are similar to it, in terms of scope, size, or 
type of business. For example, U.S. Steel, SAIC, a U.S. District Court, Osceola county, a medical 
company, and a college do not appear to be similar to a 117-employee staffing company such as the 
Petitioner. This criterion requires that the Petitioner establish that organizations that are similar to the 
Petitioner share a common requirement for parallel positions. The Petitioner has not provided 
corroborating evidence that the advertising companies are similar organizations. 
Additionally, the advertised positions provide overviews of the potential duties of the advertised 
positions. Although we note that these advertisements generally describe a systems administrator 
position, the advertisements provide a range of qualifications to perform the duties of the advertised 
positions. Some advertisements are not specific regarding their requirements, noting that "equivalent 
experience" or a combination of experience and education is acceptable, in lieu of a specific degree. 
The advertisers do not delineate their standard for determining equivalency and without that essential 
detail, we cannot ascertain what the advertisers require for a missing academic year of bachelor-level 
study in a particular discipline. Others do not specify that a bachelor's degree should be in a specific 
specialty or indicate that a specific specialty is a preference but is not required. However, a preference 
for a specific degree is not equivalent to a requirement for the identified degree. Another advertiser 
requires a bachelor's degree in information technology and a particular certification. Many of the 
advertisers require more than three years of experience in addition to a requirement of a bachelor's 
degree. 14 
It is also not possible to determine important aspects of the advertised jobs, such as the day-to-day 
responsibilities, complexity of the job duties, supervisory duties (if any), and independent judgment 
required or the amount of supervision received. The Petitioner has not established that the advertised 
positions are parallel to the proffered position in terms of primary duties and responsibilities. Thus, 
the advertisements do not assist in establishing a common bachelor's degree requirement in a specific 
specialty, or its equivalent in its industry for positions that are parallel to its entry-level position. 15 
The Petitioner does not advance its claim when comparing the proffered position to those positions 
advertised. 
14 The Petitioner has designated the proffered position as requiring a Level II wage on the LCA. Such a designation 
connotes an expectation of more than two up to three years of experience. Any required additional experience would 
require a higher wage level. 
15 Even if all of the job postings indicated that a requirement of a bachelor's degree in a specific specialty is common to 
the industry in parallel positions among similar organizations (which they do not), the Petitioner has not demonstrated 
what statistically valid inferences, if any, can be draV1rn from the advertisements with regard to determining the common 
educational requirements for entry into parallel positions in similar organizations. See generally Earl Babbie, The Practice 
of Social Research 186-228 (1995). Moreover, given that there is no indication that the advertisements were randomly 
selected, the validity of any such inferences could not be accurately determined even if the sampling unit were sufficiently 
large. See id. at 195-196 (explaining that "[r]andom selection is the key to [the] process [of probability sampling]" and 
that "random selection offers access to the body of probability theory, which provides the basis for estimates of population 
parameters and estimates of error"). 
8 
Matter of S- Inc 
The Petitioner also provided several articles and cites portions of the articles in its brief We have 
reviewed the articles submitted and question the relevance of the articles in establishing a common 
standard within the industry for particular positions, let alone positions that are parallel to the proffered 
pos1t10n. The ACM in its 2005 article, What is Computing?, Computing Curricula 2005: The 
Overview Report (ACM Sept. 30, 2005), provided an overview of the types of undergraduate degree 
programs in computing, divided the programs into five categories, and offered an analysis of how each 
of the five categories provide a different focus and perspective on the discipline of computing. The 
Petitioner submitted portions of revisions of the Curriculum Guidelines for Undergraduate Degree 
Programs for programs in Computer Engineering, Computer Science, and Information Systems. These 
guidelines emphasize that college curriculums should provide a broad base of foundational knowledge. 
For example, according to the Curriculum Guidelines for Undergraduate Degree Program for 
computer engineering, an individual with a bachelor's in computer engineering should be able to 
design computers, computer-based systems, and networks. The curriculum guidelines specifically 
state that "'design' refers to a level of ability beyond 'assembling' or 'configuring' systems." 16 The 
guidelines also indicate that an individual with a computer science degree would have a broad base of 
knowledge to work across disciplines, and prepare graduates for a number of professions. 17 Similarly, 
an information systems degree provides a core of general business and domain knowledge and the 
flexibility to choose different career paths. 18 These guidelines, however, do not list particular 
occupations and specify that such occupations require any one of these or other degrees to perform 
them. The guidelines and articles, while informative, do not assist in establishing that a "Network and 
Computer Systems Administrators" occupation or the Petitioner's specific proffered position requires 
a bachelor's degree in a specific specialty, or its equivalent, at a minimum. 
We have again reviewed the opinion prepared b~ lin relation to this criterion. In support of 
the first prong of this criterion J I claims that "[ i ]t is typical for an IT services and solutions 
firm to hire a Systems Administrator or someone in a similar professional position, and require the 
minimum attainment of a Bachelor's Degree in Computer Science, Information Technology, or a 
related area for the position." I I opines that this is because companies such as the Petitioner, 
and those similarly situated to it, are dependent on the ability and expertise of a systems administrator 
as their duties affects the company's operations, revenues and profits and overall success. I I 
conclusion is offered without analysis and is not supported with foundational evidence. For example, 
he does not provide the results of formal surveys, research, statistics, or other objective quantif~ingl 
information to substantiate what is typical in the industry with objective evidence. 19 Although 
I lmay have anecdotal evidence regarding the hiring preferences of companies, he has not offered 
sufficient foundational evidence or analysis to establish that similar companies to the Petitioner in the 
IT industry commonly require successful candidates to possess a bachelor's degree in a specific 
specialty to enter into a systems administrator position. Without evidence or analysis, I I 
opinion does not assist in establishing this prong of this criterion. 
16 Computer Engineering Curricula 2016, "Cuniculum Guidelines for Undergraduate Degree Programs in Computer 
Engineering" at page 17. 
17 Computer Science Curricula 20 I 3, Cuniculum Guidelines for Undergraduate Degree Programs in Computer Science at 
page 20. 
18 Curriculum Guidelines for Undergraduate Degree Programs in Information Systems, circa 2010, at page viii. 
19 We reiterate that neither the Handbook nor O*NET establish a typical hiring requirement in the industry for this 
particular occupation. 
9 
Matter of S- Inc 
The record does not satisfy the first alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
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. 
On appeal, the Petitioner contends that it has established this prong of the criterion and then refers to 
the Beneficiary's master's degree in computer science. The Petitioner claims that the Beneficiary will 
use his credentials to perform the daily duties of the position. However, the test to establish a position 
as a specialty occupation is not the skill set or education of a proposed beneficiary, but whether the 
position itself qualifies as a specialty occupation. Thus, whether or not the Beneficiary in this case 
has completed a specialized course of study directly related to the proffered position is irrelevant to 
the issue of whether the proffered position qualifies as a specialty occupation, i.e., whether the duties 
of the proffered position require the theoretical and practical application of a body of highly 
specialized knowledge and the attainment of a bachelor's degree or higher in a specific specialty, or 
its equivalent. Section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). 
The Petitioner also asserts that in response to the Director's RFE it stated that the knowledge needed 
to perform the duties of the position is taught in the specific specialty of computer science or a directly 
related field or the equivalent. The Petitioner, however, does not expand upon which of the particular 
duties of this position are so complex or unique as to require a bachelor's degree in a specific specialty 
in order to perform them. The Petitioner also refers to the Handbook's report and the O*NET's 
summary report as encompassing the duties of this particular position and again argues that both the 
Handbook and O*NET establish the occupation categorically is a specialty occupation. We do find 
that the duties of this particular position may very well fall within the parameters of a "Network and 
Computer Systems Administrators" occupation. The duties as described, however, are not complex 
or unique but appear to require the knowledge and use of particular environments, platforms, servers, 
and software, knowledge that may be gained through certifications in that third party technology. The 
Petitioner has not sufficiently developed the duties of its particular position to elevate it to performing 
more than routine and standard duties. The Petitioner has not established which of the duties, if any, 
of the proffered position would be so complex or unique as to be distinguishable from those of similar 
but non-degreed or non-specialty degreed employment. 
The Petitioner has not established that the proffered position satisfies either prong of the criterion at 
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. Evidence 
provided in support of this criterion may include, but is not limited to, documentation regarding the 
Petitioner's past recruitment and hiring practices, as well as information regarding employees who 
10 
Matter of S- Inc 
previously held the position. Here, the Petitioner asserts that it has satisfied this criterion because of 
its normal requirements for the proffered position. 
First, we note that the Petitioner has provided inconsistent requirements for its particular position; 
thus, its "normal" requirement have not been established. Initially, the Petitioner stated that it requires 
"at the minimum a Master's degree in a directly related field." In response to the Director's RFE, the 
Petitioner stated that the duties "require, at the minimum, a Bachelor's degree in Computer Science or 
a directly related field, or the equivalent." The Petitioner does not explain the variance in these stated 
"minimum" requirements. Second, even if the Petitioner consistently stated its requirements for the 
position, the Petitioner's opinion alone without corroborating evidence cannot establish the position 
as a specialty occupation. Were we limited solely to reviewing a petitioner's claimed self-imposed 
requirements, then any individual with a bachelor's degree could be brought to the United States to 
perform any occupation as long as the employer artificially created a token degree requirement, 
whereby all individuals employed in a particular position possessed a baccalaureate or higher degree 
in the specific specialty, or its equivalent. See Defensor, 201 F. 3d at 387. In other words, if a 
petitioner's degree requirement is only symbolic and the proffered position does not in fact require 
such a specialty degree, or its equivalent, to perform its duties, the occupation would not meet the 
statutory or regulatory definition of a specialty occupation. See section 214(i)(l) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(ii) (defining the term "specialty occupation"). In this matter, the Petitioner also has not 
provided corroborating evidence of its hiring requirements, thus, it has not established that the 
proffered position satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature of 
the specific duties is so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. 
On appeal, the Petitioner points to two articles that seem to suggest that a generalized undergraduate 
curriculum provides entry-level graduates with an understanding of broad and universally important 
principles, as well as abilities to learn and adapt to technological advances. Further, that "[ s ]pecialized 
knowledge is often gained at corporate expense through 'on-the-job' training or financial support for 
graduate students." The Petitioner appears to claim that this results in employers hiring individuals with 
a bachelor's degree for an entry-level position and then providing them with supervision and training. It 
is not clear how this information assists in establishing the Petitioner's particular position is complex and 
specialized. The Petitioner then adds that the "Beneficiary's job duties are so complex and specialized 
that they are professional in nature, and the Petitioner requires that the person fulfilling those duties be 
well educated in construction procedures and processes in order to successfully perform the job." It is 
unclear what construction procedures and processes are pertinent to the particular proffered position and 
why the Beneficiary needs this knowledge or how they attain this knowledge. Overall, the Petitioner's 
argument on appeal is not sufficiently comprehensible to ascertain its challenge to the Director's 
determination regarding the proposed position as it relates to this criterion. 
Nevertheless, we have again reviewed the duties of the proffered position in full. The Petitioner's 
descriptions include at most the usual duties of a "Network and Computer Systems Administrators" 
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Matter of S- Inc 
occupation. The descriptions do not detail the specialized and complex nature of specific duties the 
Beneficiary will perform. The Petitioner describes a position that involves knowledge of third-party 
software, servers, and platforms and indicates that the Beneficiary will use the third-party technology 
extensively. The Petitioner, however, does not develop relative specialization and complexity as an 
aspect of the proffered position. The proposed duties do not include meaningful discussion of what the 
Beneficiary will actually be required to do in the proffered position and how those duties require the 
theoretical and practical application of a body of highly specialized knowledge. 
We have again reviewed I I opinion in order to ascertain what elements of the particular 
position are specialized and complex. We again do not find the opinion persuasive. I ~loes not 
present a descriptive analysis that supports his ultimate conclusion that the duties described are 
specialized, requiring a bachelor's degree in computer science, information technology, or a related area 
at a minimum. Although! !repeats the Petitioner's description of duties, his opinion that the 
identified degrees "provide[ s] the student with the core competencies and skills needed for a Systems 
Administrator position" is not supported with analysis demonstrating that the duties of the proposed 
position require a bachelor's degree in the listed degrees. We observe that I I lists 23 various 
courses that could be taken in these fields and prepare a student for the responsibilities of the position; 
however, I I does not describe why the Petitioner's particular duties require any one of or all 
of the 23 courses. That is, he does not adequately explain why the position cannot be performed with 
an associate' s degree, a vocational boot camp seminar, or certifications in third party technology. 
We also observe that I I later refers to three specific courses, network administration, 
fundamentals of systems development, and system analysis and design, as particular courses that will 
prepare a student for the responsibilities of the position. However, while a few related courses may 
be beneficial in performing certain duties of the position, the record does not demonstrate how an 
established curriculum of such courses leading to a baccalaureate or higher degree in a specific 
specialty, or its equivalent, is required to perform the duties of the proffered position. I I does 
not offer a meaningful analysis of why the particular duties are so specialized and complex or unique, 
such that the position itselfrequires a bachelor's degree in a specific specialty, or its equivalent. 
The record, including! I opinion, does not include probative evidence establishing that the 
proposed position is so specialized and complex such that only an individual with a bachelor's degree 
in a specific specialty can perform the position. The Petitioner has not demonstrated 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). 
Upon review of the totality of the evidence submitted, the Petitioner has not established that more likely 
than not, the proffered position is a specialty occupation under any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). Moreover, the record does not establish that the Petitioner satisfied the statutory 
and regulatory definitions of specialty occupation. 
IV. CONCLUSION 
The appeal will be dismissed for the above stated reasons, with each considered an independent and 
alternative basis for the decision. In visa petition proceedings, it is the petitioner's burden to establish 
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Matter of S- Inc 
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-Inc, ID# 4753868 (AAO Sept. 5, 2019) 
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