dismissed H-1B Case: Information Technology

MATTER OF A-C-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 4, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an information technology consulting business, seeks to temporarily employ the 
Beneficiary as a "software engineer" 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 H-lB 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 Director, California Service Center, denied the petition. The Director concluded that the Petitioner 
had not established the proffered position is a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits a brief and additional 
evidence and asserts that the Director erred when determining the proffered position is not a specialty 
occupation. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
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 A-C-, Inc. 
(I) 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. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as its "software engineer." In a 
letter submitted in support of the petition, the Petitioner stated the following regarding the proffered 
position: 
The Software Engineer will support with current and future implementation and 
the automation of those processes. This position will require collaboration and 
communication with internal and external business partners, application delivery teams, 
and infrastructure team to deliver end to end integration solutions that include ED!, 
A2A, B2B and mobile technologies. Additional responsibilities include troubleshooting 
failed transmissions and acting as a liaison between outside trading partners and internal 
process leads to resolve issues in a timely manner by simplifying complex issues and 
creating actionable plans. Repetitive issues and patterns will be analyzed to assist 
technical teams with long term solutions. This is a Programmer Analyst job requirement 
with expertise in JAVA, J2EE, C++, Business Intelligence Suite, MS Project, MS Visio, 
MS Excel and programming language skills in Oracle database, SQL queries and 
reporting skills in Crystal and MicroStrategy. The detailed tasks can only be performed 
by a four year Bachelor's Degree or Higher. · 
The Petitioner also provided the following job responsibilities for the position: 
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Matter of A-C-, Inc. 
• Formulates and develops detailed specifications, code, documentation and related 
customer information required to complete program development maintenance 
activities; prepares program logic flow charts and processing diagrams. 20% 
• Formulates and defines system scope and objectives for assigned projects. 20% 
• Prepares detailed specifications for programs. As needed. 
• Responsible for program design, coding, testing, debugging and documentation and 
for all phases of applications systems analysis and programming . As needed. 
• As a team lead, instructs, directs and checks the work of other systems analysts and 
programming personnel. As needed. 
• Analyzes, codes, tests and documents complex programs. 10% 
• Creates and/or modifies complex programs to meet user requirements. This includes 
testing program and system changes. 10% 
• Analyzes and documents existing application systems to determine processing 
requirements. 10% 
• Identifies and designs applications system alternatives to · achieve the needs of the 
customer 's environment. As needed. 
• Designs and develops client applications for microcomputers ; meets with clients to 
determine program requirements. 10% 
• Tests and corrects program errors by altering program steps and sequence. 10% 
•· Analyzes, reviews, and rewrites programs to increase operating efficiency or adapt 
to new requirements. 10% 
• Provides technical assistance to less experienced application system analyst and 
programmer staff and clients throughout systems development, modification and 
implementation. As needed. 
• Recommends application system design approaches and revisions to streamline 
programming and operation of the system. As needed. 
• Identifies problem areas and recommends solutions and standards. As needed. 
The Petitioner also included its end client's, description of duties as follows: 
• Analyze users' requirements and problems. 
• Designing and developing UI screens. Assist in developing some functions for 
the project. 
• Write code in JAVA language using Eclipse, Google Web Toolkit , and Google 
App Engine (Google Cloud computing platform) 
• Programming and debugging custom source code. 
• Conduct analyses, tests, and simulate problems in real-time without having to 
deploy client software. 
• Identify and support code improvement activities and modifications. 
• Interact with database and embedded application. 
According to the Petitioner ' s first description of the proffered position , only an individual with a 
four-year Bachelor ' s Degree or Higher can perform the tasks of the proffered position. The 
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Matter of A-C-, Inc. 
Petitioner's client confirms that this job "can only be performed by a four year Bachelor's Degree or 
Higher." The Petitioner, when referencing the client's description of duties for the end client 
project, states at the beginning of the description that the job "can only be performed by a four year 
Bachelor's Degree or Higher," and at the end of the description indicates that "the minimum 
requirement for this complex position is at least a Bachelor's Degree or its equivalent in MIS 
[management information systems], Computer Science or a related field." 1 
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 does not establish that the job duties require an educational background, or its 
equivalent, commensurate with a specialty occupation.3 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), which requires that a baccalaureate or 
higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for entry 
into the particular position. To inform this inquiry, we recognize the U.S. 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.4 
On the labor condition application (LCA) submitted in support of the H-1B petition, the Petitioner 
de~ignated the proffered position under the occupational category "Computer Systems Analysts" 
corresponding to the Standard Occupational Classification code 15-1121.5 The subchapter of the 
1 The Petitioner does not clarify this inconsistency regarding its academic requirement to perform the duties of the 
proffered position. "[I]t is incumbent upon the petitioner to resolve the inconsistencies by independent objective 
evidence." Matter of Ho, 19 I&N Dec. 582, 591 (BIA 1988). Any attempt to explain or reconcile such inconsistencies 
will not suffice unless the petitioner submits competent objective evidence pointing to where the truth lies. !d. at 591-92. 
As the Petitioner's end-client and the majority of the Petitioner's statements assert that a Bachelor's degree or higher is 
the minimum requirement to perform the duties of the proffered position, we will consider a Bachelor's degree or higher 
as the Petitioner's academic requirement. 
2 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 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. 
4 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
5 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by 
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Matter of A-C-, Inc. 
· Handbook entitled "How to Become a Computer Systems Analyst" states, m relevant part, the 
following: 
A bachelor's degree in a computer or information science field is common, although not 
always a requirement. Some firms hire analysts with business or liberal arts degrees 
who have skills in information technology or computer programming. 
Education 
Most computer systems analysts have a bachelor's degree in a computer-related field. 
Because these analysts also are heavily involved in the business side of a company, it 
may be helpful to take business courses or major in management information systems. 
\ 
Some employers prefer applicants who have a master's degree in business 
administration (MBA) with a concentration in information systems. For more 
technically complex jobs, a master's degree in computer science may be more 
appropriate. 
Although many computer systems analysts have technical degrees, such a degree is not 
always a requirement. Many analysts have liberal arts degrees and have gained 
programming or technical expertise elsewhere. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Computer Systems Analyst," http://www.bls.gov/ooh/computer-and-information­
technology/computer-systems-analysts.htm#tab-4 (last visited Oct. 14, 20 16). 
Upon review of the educational requirements for a computer systems analyst as reported in the 
Handbook, the Handbook indicates at most that a bachelor's or higher degree in a computer or 
information science field may be a common preference, but not a standard occupational, entry 
requirement. In fact, this chapter notes that many computer systems analysts only have liberal arts 
degrees and programming or technical experience. See id. Thus, the Handbook's report is insufficient 
to conclude that simply by virtue of its occupational classification the position qualifies as a specialty 
occupation. 
the,DOL provides a description of the wage levels. A Levell wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that 
the Beneficiary will be expected to perfonn routine tasks that require limited, if any, exercise of judgment; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://flcdatacenter.com/download/NPWI-IC _Guidance_ Revised _11_)009.pdf A prevailing wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. !d. 
5 
(b)(6)
Matter of A~C-, Inc. 
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 more likely than not satisfies this or one of the 
other three criteria, 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 
objective, authoritative sources) that supports a finding that the particular position in question~qualifies 
as a specialty occupation. Whenever more than one authoritative source exists, an adjudicator will 
consider and weigh all of the evidence presented to determine whether the particular position qualifies 
as a specialty occupation. 
In that regard we have reviewed the Petitioner's reference to O*NET OnLine's assignment of a Job 
Zone "Four" rating to the computer systems analysts occupation, which groups it among occupations 
for which "most ... require a four-year bachelor's degree, but some do not." O*NET OnLine 
Summary Report for "15-1121.00 Computer Systems Analysts," 
http://www.onetonline.org/link/surnmary/15-1121.00 (last visited Oct. 14, 20 16). However, O*NET 
OnLine does not indicate that four-year bachelor's degrees that may be required by Job Zone Four 
occupations must be in a specific specialty directly related to the occupation. Therefore, O*NET 
OnLine information is not probative of the proffered position being a specialty occupation. 
We note that' the Petitioner and its end client, also indicate that an individual with a general 
four-year bachelor's degree, not a degree in a specific specialty, may perform the duties of the proffered 
position.6 The Petitioner asserts that requiring a general bachelor's degree, and not a degree in a 
specific specialty, is sufficient to establish a position is a specialty occupation. The Petitioner claims 
that requiring the bachelor's degree to be in a specific specialty in order to qualify a position as a 
specialty occupation was explicitly rejected in Residential Finance Corp. v. USCIS, 839 F. Supp. 2d 
985 (S.D. Ohio 2012). The Petitioner cites Residential Finance 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.'' 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 
6 When addressing the first criterion, the Petitioner asserts that the Director ignored the opinions submitted to 
demonstrate that the position's duties are of sufficient technical complexity to require knowledge associated with the 
attainment Of a bachelor's-level degree in computer science, information systems, or a closely related field. As the 
opinion writers refer specifically to the Petitioner's proffered positi6n, these opinions will be discussed in the following 
sections of this decision. We note, however, that while the authors of the submitted opinions claimed that a bachelor's 
degree in computer science, computer information systems, or a related area or equivalent would be the normal 
requirement to perform the duties, neither author offered an analysis distinguishing the proffered position from that of 
the occuJation of computer systems analysts as discussed in the Handbook, which does not include a standard 
occupational, entry requirement for the occupation. 
6 
Matter of A-C-, Inc. 
satisfying the "degree in the specific specialty (or its equivalent)" requirement of section 214(i)(1 )(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, a minimum entry requirement of a degree in two disparate 
fields, such as philosophy and engineering, would not meet the statutory requirement that the degree be 
"in the specific specialty (or its equivalent)," unless the Petitioner establishes how each field is directly 
related to the duties and responsibilities of the par,ticular position such that the required body of highly 
specialized knowle<;lge is essentially an amalgamation of these different specialties. Section 
214(i)(l)(B) ofthe Act (emphasis added). 
In any event, the Petitioner has furnished no evidence to establish that the facts of the instant petition are 
analogous to those in Residential Finance.7 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 I&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. I d. 
Here the Petitioner and its client accept a general bachelor degree, with no specialty identified, as the 
minimum requirement to perform the job duties described. However, a petitioner must demonstrate that 
the proffered position requires a precise and specific course of study that relates directly and closely to 
the position in question. There must be a close correlation between the required specialized studies and 
the position; thus, the mere requirement of a degree, without further specification, does not establish the 
position as a specialty occupation. Cf Matter qf Michael Hertz Assocs., 19 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, the Petitioner's acceptance of a four-year degree as sufficient to perform the duties of the 
proffered position undermines its assertion that the proffered position is a speci<~.lty occupation. 
The Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
I 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may show 
that its particular position is so complex or unique that it can be performed only by an individual with a 
7 It is noted that the district judge's decision in that case appears to have been based largely on the many factual errors 
made by the Director in the decision denying the petition. We further note that the Director's decision was not appealed 
to us. Based on the district court's findings and description of the record, if that matter had first been appealed through 
the available administrative process, we may very well have remanded the matter to the service center for a new de~ision 
for many of the same reasons articulated by the district court if these errors could not have been remedied by us in our de 
novo review of the matter. 
Matter of A-C-, Inc. 
degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong focuses upon the 
common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 
1. First Prong 
To satisfY this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
As stated earlier, in determining whether there is such a common degree requirement, factors often 
considered by USCIS include: whether the Handbook reports that the industry requires a degree; 
whether the industry's professional association has made a degree a minimum entry requirement; and 
whether letters or affidavits from firms or individuals in the industry attest that such firms "routinely 
employ and recruit only 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)). 
Here and as already discussed, the Petitioner has not established that the proffered position is one for 
which the Handbook (or other independent, authoritative sources) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. Also, there are no submissions from the industry's 
professional association indicating that it has made a degree a minimum entry requirement. 
Furthermore, the Petitioner did not submit any letters or affidavits from similar firms or individuals in 
the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." 
In support of its assertion that the degree requirement is common to the Petitioner's industry in parallel 
positions among similar organizations, the Petitioner submitted copies of a number of advertisements 
for software or senior software engineers. None of the advertisements submitted provide sufficient 
information regarding the advertising organizations to establish that the advertising organizations are 
similar to the Petitioner. That is the record does not demonstrate that the advertising organizations are 
similar in type, scope, and size to this Petitioner. Additionally, while the advertisements generally 
require a bachelor's degree in computer science, electrical engineering, or various mathematical fields, 
all also require experience of two to seven years in addition to the bachelor's degree. As the Petitioner 
here has designated the proffered position as a wage Level I on the LCA, a wage level that does not 
require experience, the advertised positions are for more senior positions than the position proffered 
here. Upon review of the general duties listed in the advertisements, it is also not possible to conclude 
that the advertised positions are parallel in level of responsibility or in duties to the proffered position. 
Thus, the evidence of record does not establish that a requirement of a bachelor's or higher degree in a 
specific specialty, or its equivalent, is common to parallel positions with organizations that are in the 
Petitioner's industry and otherwise similar to the Petitioner. The Petitioner has not, therefore, satisfied 
~' the criterion ofthe first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
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(b)(6)
Matter of A-C-, Inc. 
2. Second Prong 
We will next consider the second alternative prong of 8 C.P.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, although the Petitioner claims that the proffered position's duties are so complex that a 
bachelor's degree is required, the Petitioner does not demonstrate how its software engineer's duties 
require the theoretical and practical application of a body of highly specialized knowledge such that a 
bachelor's or higher degree in a specific specialty, or its equivalent, is required to perform them. 
We have reviewed the three different versions of an opinion authored by Professor 
of Computer Applications and Information Systems at the 
and the opinion letter authored by 
of 
at the 
Associate Professor, Department 
Each author 
paraphrases the descriptions of duties the Petitioner submitted and offers their opinion of the academic 
requirements necessary to perform those duties. 
initially opined that a graduate with a bachelor's degree in computer science, computer 
information systems, a related area, or the equivalent, would normally fill a position with these duties. 
listed eight courses that would prepare the student to perform these duties and also identified 
three specific courses found in a computer science curriculum that would be beneficial in performing 
some of the duties described. In second opinion, offered in support of the Petitioner's 
motion on the Director's decision, he claimed that a graduate with a bachelor' s degree in software 
engineering, electrical engineering, a related area, or the equivalent, would normally fill a position with 
the same similarly paraphrased duties. added that there were 14 courses within a software 
engineering or electronics engineering degree that would prepare a student to perform these duties and 
identified three courses found within a software engineering or electrical engineering curriculum as 
helpful in performing these duties. The three beneficial courses in second opinion are 
different than the three courses initially identified as beneficial in performing the duties of the proffered 
position.8 On appeal, offers a third version of his opinion. In this version, repeats 
the claims regarding the type of courses in a software engineering or electrical engineering curriculum 
8 In the opinio~ dated August 13, 2015, identified courses in computer programming, operating systems, and 
information technology as courses beneficial to carrying out the duties of the proffered position. In his November 4, 
2015 opinion, noted that a software construction course, a computer system technology course, and a 
computing for engineers course would provide the knowledge needed to perform the duties of the proffered position. 
does not explain his change in the three courses he claims are beneficial to the candidate in the proffered position 
or present an analysis of why the courses he identified are similar in course content. Nor does he offer an explanation for 
changing the concentration of academic studies from that of a computer science or computer information systems 
discipline to that of a software engineer or electrical engineering discipline. While these disciplines may include some 
overlapping courses , the author does not clarify the academic discipline and the related courses he considers most 
applicable to or even required for the performance of the described duties. 
9 
(b)(6)
Matter of A-C-, Inc. 
that would be beneficial but adds that "it is clear that this position should be classified as a 'Software 
Developers' occupation." then opines that a software engineer for the Petitioner's proffered 
position would require a higher level of knowledge than a software developer described in the 
Handbook, as the individual in the proffered position would work on software for both applications and 
systems. 
The author here does not submit a consistent analysis of the proffered position, but offers a ·different 
view of the academic courses and concentration that would suit the proffered position. While the 
referenced courses and disciplines might assist an individual in performing the duties, the author does 
not consistently explain how a specific curriculum is necessary to · perform these duties. Rather it 
appears that tailors his second opinion to correspond to the Beneficiary's academic 
qualifications.'~ Moreover, does not indicate in his opinions that he is aware that the Petitioner 
assigned a Level I wage to the proffered 
position, a wage-level which is appropriate for a comparatively 
low, entry-level computer systems analyst position, relative to others within the same occupation, and 
which signifies that the Beneficiary is only expected to possess a basic understanding of the occupation. 
Thus, we question the foundation of opinion and his understanding of the Petitioner's and its 
client's own academic requirements for the proffered position. On appeal, further opines that 
the nature of the proffered position is actually that of a software developer, for both applications and 
systems, as described in the Handbook, but which is also contrary to the Petitioner's characterization of 
the position as a computer systems analyst position on the certified LCA. 10 Thus, analysis 
of the proffered position on appeal and attempt to distinguish the proffered position from the 
Handbook's report on the academic requirements for a software developer is not pertinent to the matter 
at hand. 
in his opinion offered for the first time on the Petitioner's motion to the Director, also 
paraphrased the Petitioner's descriptions of duties and stated that the duties described require the 
application of knowledge associated with the attainment of a bachelor's-level degree in computer 
science, information systems, or a closely related field. identified particular duties listed 
in the Petitioner's descriptions and stated that development and testing of applications require extensive 
knowledge in specialized programming languages and tools and a wide range of testing methodologies, 
tools, defect tracking and management, and project management utilities. specifically 
noted that the Petitioner's software engineer would act as a team lead, and review the work of other 
9 The Beneficiary's foreign academic credentials have been evaluated as the equivalent of a bachelor's of science degree 
in electronics engineering from an accredited institution of higher education in the United States. 
10 We note here that the Petitioner attested that it will pay the Beneficiary the prevailing wage for a computer systems 
analyst position. And that a software developer, applications, occupation requires a significantly higher wage than a 
computer systems analyst and that a software developer , systems software, occupation, requires an even higher wage. 
See Foreign Labor Certification Data Center, Online Wage Library at 
http://www. tlcdatacenter.com /OesQuickResults .aspx?code = 15-1132&area= &year= 15&source= 1; and 
http://www. tlcdatacenter.com /OesQuickResults .aspx?code= 15-1133&area= &year= 15&source= I (last visited Oct. 
14, 2016). Accordingly, if the position is actually a software developer , applications , or a software developer , systems 
software, the LCA would not correspond to the position proffered in the petition, and would also require a denial of the 
petition on this basis. 
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(b)(6)
Matter of A-C-, Inc. 
systems analysts and programmers. noted in sum that "the position requires a candidate 
with a Bachelor's-level background, comprising concepts and techniques of advanced mathematics and 
algorithms, engineering, computer applications, Computer Science, Information Systems, computer 
information systems, IT, the technical sciences, and/or related areas." 
also does not discuss in his opinion the Petitioner's designation of this position as 
requiring only a Level I wage. As noted above, a Level I wage rate is commensurate with routine tasks 
that require the Beneficiary's limited, if any, exercise of judgment, the Beneficiary's close supervision, 
the close monitoring of his work and review for its accuracy. A Level I wage designation is indicative 
of someone who will receive specific instructions on required tasks and expected results. Such a 
position would not include supervisory or advanced tasks. Additionally, does not explain 
or distinguish the duties of the proffered position from the Handbook's report on computer systems 
analysts. Further, he does not acknowledge that the Petitioner and its end-client indicate that the 
proffered position requires only a general bachelor's degree to perform the duties associated with the 
position. 
Both and attach their resumes to their opinions. Upon review of the resumes, 
however, they do not include references or other evidence that either of the authors have published, 
conducted research, run surveys, or engaged in any enterprise regarding the minimum education 
requirements for the performance of the duties of a software engineer. While each author may have 
anecdotal information regarding recruitment by employers for students who have studied in a general 
engineering or information technology field, the record does not include any relevant research, studies, 
surveys, or other authoritative publications as part of their review and/or as a foundation for their 
opinions. Unsupported statements are of very limited weight and normally will be insufficient to 
carry a petitioner's burden of proof. See Matter ofSo.ffici, 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)); see also Matter of 
Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). The Petitioner must support assertions with 
relevant, probative, and credible evidence. See Matter ofChawathe, 25 I&N Dec. at 376. 
Thus, we further question the foundation of and opinions. We also find, 
contrary to the Petitioner's claim, several examples of evidence that contradicts these opinions. For 
example, as noted above has not explained or clarified the different versions of his· opinion. 
Neither author considered the Petitioner and its end-client's statements that a general four-year 
bachelor's degree is sufficient to perform the duties of the position, nor did the authors acknowledge the 
Petitioner's designation of the proffered position as a low-level wage, Level I, position. Moreover, 
neither author distinguished the proffered position from the occupation of a computer syskms analyst 
position as set out in the Handbook. For these reasons, we do not find the opinions sufficient to support 
the Petitioner's assertion that the proffered position requires a bachelor's degree in a specific specialty, 
or its equivalent, and thus qualifies as a specialty occupation. 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 
II 
(b)(6)
Matter of A-C-, Inc. 
Upon review, the record does not include sufficient consistent information relevant to a detailed course 
of study leading to a specialty degree and the Petitioner has not established how such a curriculum is 
necessary to perform the duties it claims are so complex. While a few related courses may be beneficial 
in performing certain duties of the position, the Petitioner has not demonstrated 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. 
Additionally, we again note that the Petitioner has designated theproffered position as requiring only a 
Level I wage, that requires only a basic understanding of the occupation. Given the Handbook 's 
indication that computer systems analysts positions do not normally require at least a bachelor's degree 
in a specific specialty, or the equivalent, for entry, it is not credible that a position involving limited, if 
any, exercise of independent judgment, close supervision and monitoring, receipt of specific 
instructions on required tasks and expected results, and close review would contain such a requirement. 
Thus, the record lacks sufficiently detailed information to distinguish the proffered position as unique 
from or more complex than positions that can be performed by persons without at least a bachelor's 
degree in a specific specialty or its equivalent. Consequently, as the Petitioner does not demonstrate 
how the proffered, position is so complex or unique relative to other computer systems analysts positions 
that do not require at least a baccalaureate degree in a specific specialty or its equivalent for entry into 
the occupation in the United States, it cannot be concluded that the petitioner has satisfied the second 
alternative prong of8 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. Here; the 
Petitioner submitted the resumes of four individuals showing each individual had obtained a foreign 
degree in various disciplines. The record does not include a credential evaluation for any of these 
individuals. The Petitioner also submitted a copy of a diploma from a United States university for one 
individual. The Petitioner, however, does not include any evidence 
that it employs or has employed 
these individuals or if employed they performed duties parallel to the proffered position. Moreover, we 
note that the Petitioner's organizational chart for the project includes the names of two 
individuals who are project members. While the record does not include evidence of the duties these 
individuals perform, they appear to be placed in the same position as the proffered position. However, 
the Petitioner has not included evidence of the educational credentials for these individuals. 
The Petitioner does not submit probative evidence 
that demonstrates the academic qualifications of 
individuals previously or currently employed in a similar computer systems analyst position. Therefore, 
the Petitioner has not satisfied 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 
12 
(b)(6)
Matter of A-C-, Inc. 
) 
associated with the attainment of a baccalaureate or higher degree m a specific specialty, or its 
equivalent. 
The Petitioner asserts that the job duties of the proffered position are specialized and complex and again 
refers to the opinions rendered by and We incorporate our previous discussion 
of these opinions and again refer to our earlier colllillents and findings with regard to the implication of 
the Petitioner's designation of the proffered position in the LCA as a Level I (the lowest of four 
assignable levels) wage, and hence one not likely distinguishable by relatively specialized and complex 
duties.11 We have also reviewed the Petitioner's description of duties for the proffered position, 
including the Petitioner's expanded version of the description submitted in response to the Director's 
RFE and again on motion and appeal. While we understand that the Beneficiary must have technical 
knowledge in order to perform these duties, the Petitioner has not sufficiently explained how these 
duties require the theoretical and practical application of a body of highly specialized knowledge, and 
the 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. Upon review of the totality of the record, the record 
does not include probative evidence that the duties require more than technical proficiency in the 
information technology field. The Petitioner has not demonstrated in the record that its proffered 
position is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4). 
As the Petitioner emphasized on appeal, it must prove by a preponderance of evidence that the 
Beneficiary is fully qualified for the benefit sought: Matter of Chawathe, 25 I&N Dec. 369, 376 
(AAO 2010). In evaluating the evidence, eligibilityis to be determined not by the quantity of 
evidence alone but by its quality. !d. Because the Petitioner has not satisfied one of the criteria at 
8 C.F.R. § 214.2(h)(4)(iii)(A), it has not demonstrated that the proffered position qualifies as a 
specialty occupation. 
-----, 
IV. CONCLUSION 
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. 
11 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is 
particularly complex, specialized, or unique compared to other positions within the same occupation. Nevertheless , a 
Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or 
lawyers), a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty , or 
its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies 
as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specific specialty, or its equivalent. That is, a position 's wage-level designation may be a relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)( I) of the Act. 
13 
Matter of A-C-, Inc. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-C-, Inc., ID# 11873 (AAO Nov. 4, 2016) 
14