dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 8110092 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 27, 2020 
The Petitioner, an information technology gaming company, seeks to temporarily employ the 
Beneficiary as a "business intelligence 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 of highly specialized know ledge 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 of the California Service Center denied the petition, concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. The matter is now before us 
on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(I) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, 
and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a specific 
specialty" as "one that relates directly to the duties and responsibilities of a particular position"). 
II. THE PROFFERED POSITION 
The Petitioner seeks to employ the Beneficiary as a "business intelligence analyst." In response to the 
Director's request for evidence (RFE), the Petitioner provided a list of job duties for the proffered 
position, indicating that the Beneficiary would devote 15% of his time to collecting and analyzing data 
on player demographics, behavior, and other game metrics to identify trends in player activity, make 
recommendations for business model changes based on player data analysis; 10% of this time to devising 
and evaluating procedures for collecting player data using Al systems, use collected data to support 
game development and live operations decisions; 20% of his time to forecasting and preventing player 
churn, assist with fraud detection, automation, and eliminating toxic player behavior to improve game 
communities and player experience; 15% of this time to preparing reports of research and analysis for 
[the Petitioner's] Bl products to ensure a player-based and data-driven culture for [the Petitioner] and its 
clients, present data and Bl results to management and customers; 20% of his time to conducting research 
for [the Petitioner's] clients to provide insights, conclusions, and trends about user acquisition, 
engagement, and monetization, seek and provide industry innovations to help games improve their 
business operations; 10% of his time to measuring the effectiveness of current customer outreach and 
communications initiatives, assess client satisfaction and make suggestions for increasing market 
presence; and 10% of this time to monitoring the real time business intelligence industry and competing 
ML automated optimization services, follow developments in ML and Bl innovation. The Petitioner 
also included tasks the Beneficiary would perform in carrying out each duty, along with the relevant 
coursework associated with each. 
The Petitioner indicated that the minimum entry requirement for the proffered position is a bachelor's 
degree, or equivalent, in business, communications, or a related field. 
2 
Ill. ANALYSIS 
For the reasons set out below, we have determined that the proffered position does not qualify as a 
specialty occupation.1 Specifically, there are two separate factors that independently bar approval of 
this petition: (1) the Petitioner's lack of a requirement for a bachelor's degree in a specific specialty, 
or the equivalent; and (2) the Petitioner's failure to satisfy at least one of the four regulatory specialty­
occupation criteria enumerated at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1)-(4). In particular, the record (1) 
does not describe the proffered position's duties with sufficient detail; and (2) does not establish that 
the job duties require an educational background, or its equivalent, commensurate with a specialty 
occupation. 
A. Lack of a Requirement for a Bachelor's Degree in a Specific Specialty, or the Equivalent 
First, the petition is not approvable because the Petitioner's claimed entry requirement of at least a 
bachelor's degree, or equivalent, in business or communications, without more, is inadequate to establish 
that the proposed position qualifies as a specialty occupation. 
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 general degree, such as 
business, without further specification, does not establish the position as a specialty occupation.2 Royal 
Siam Corp., 484 F.3d at 147 (a general-purpose bachelor's degree in business may be a legitimate 
prerequisite for a particular position, but such a degree, without more, will not justify a finding that a 
particular position qualifies for classification as a specialty occupation). Cf. Matter of 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."). 
Without more, it cannot be found that the proffered position requires anything more than a general 
bachelor's degree and accordingly it does not qualify under the definition of a specialty occupation. 
1 The Petitioner submitted documentation in support of the H-1B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
2 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 with a concentration in a 
specific field, or a bachelor's or higher degree in business 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. 
3 
B. The Specialty-Occupation Criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1)-(4) 
1. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1), 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 will consider the information contained 
in the U.S. Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) regarding the 
duties and educational requirements of the wide variety of occupations it addresses. 3 
On the labor condition application (LCA)4 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification (SOC) code 
13-1161. Thus, we reviewed the Handbook's subchapter entitled "How to Become a Market Research 
Analyst," which states, in pertinent part, that market research analysts typically need a bachelor's 
degree in market research or a related field. 5 According to the Handbook, some individuals have 
degrees in fields such as statistics, math, computer science, business administration, the social 
sciences, or communications. It continues by stating that some jobs require a master's degree and that 
many analysts complete degrees in fields such as statistics and marketing or earn a master's degree in 
business administration (MBA).6 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. The Handbook further identifies various courses as essential to this occupation, 
including statistics, research methods, and marketing and further elucidates that courses in 
communications and social sciences (such as economics, psychology, and sociology) are also 
important. Therefore, although the Handbook indicates that market research analysts may need an 
advanced degree, particularly for "leadership positions or positions that perfmm more technical 
research," it also indicates that degrees and backgrounds in various fields are acceptable for jobs in 
this occupation - including computer science and the social sciences, as well as statistics and 
communications. 7 
3 We do not 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 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 finding that its particular position would normally have a minimum, specialty 
degree requirement, or its equivalent, for entry. 
4 A petitioner submits the LCA to DOL 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)(1) of the Act; 20 C.F.R. § 655.731(a). 
5 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Market Research Analysts 
https://www.bls.gov/ooh/business-and-financial/market-research-analysts.htm#tab-4 (last visited Apr. 1, 2020). 
6 Id. 
7 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 ofhighly 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 
4 
In addition to recognizing degrees in disparate fields, i.e., social science and computer science, as 
acceptable for entry into this field, the Handbook also states that '"[ o ]thers have backgrounds in 
business administration." 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., 484 F.3d at 147. Therefore, the Handbook's recognition that 
a general, non-specialty "background" in business administration, or one of a number of other fields, 
is sufficient for entry into the occupation strongly suggests that a bachelor's degree in a specific 
specialty is not a standard, minimum entry requirement for this occupation. The Handbook, therefore, 
does not support the assertion that at least a bachelor's degree in a specific specialty, or its equivalent, 
is normally the minimum requirement for these positions. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the PRC 
is granted by the Marketing Research Association, now known as the Insights Association,8 to those 
who pass an exam, have at least three years of experience working in opinion and market research, 
and complete 12 hours of industry-related education courses.9 
We reviewed the Insights Association's website, which confirms the Handbook's statement regarding 
the requirements for the PRC (i.e., passage of an exam, three years of relevant industry experience, 
and 12 hours of industry-related education), and further specifies that the "education" necessary to 
apply for PRC is "12 industry-related education hours within the two preceding years." The website 
includes information regarding "How to Enter the Industry" which lists a variety of possible degrees, 
such as business administration, liberal arts, statistics/math, qualitative analysts, computer science, 
social science, and communications, and a variety of "helpful skills," including "attention to detail," 
'"presentation skills," and "basic computer skills." It does not indicate that a market research analyst 
position has any specific minimum academic requirement for entry, nor does it state that it requires 
any particular level of education to be identified as qualified and possessing a level of expertise or 
philosophy and engineering, would not meet the statut01y 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 
particular position such that the required body of highly specialized knowledge is essentially an amalgamation of these 
different specialties. Section 214(i)(1)(B) of the Act ( emphasis added). 
Whether read with the statutmy "the" or the regulatory "a," both readings denote a singular "specialty." Section 
214(i)(1)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). Still, we do not so narrowly interpret these provisions to exclude 
positions from qualifying as specialty occupations if they permit, as a minimum entry requirement, degrees in more than 
one closely related specialty. This also includes even seemingly disparate specialties provided the evidence of record 
establishes how each acceptable, specific field of study is directly related to the duties and responsibi I ities of the particular 
position. 
8 The Marketing Research Association merged with the Council of American Survey Research Organizations in 2017 to 
become the Insights Association. See http://www.insightsassociation.org/about (last visited Apr. 1, 2020). The Insights 
Association is therefore the successor to the Marketing Research Association. 
9 The Insights Association website states that it "strives to effectively represent, advance, and grow the research profession 
and industry." For additional information. see http://www.insightsassociation.org/about (last visited Apr. 1, 2020). 
5 
competence. Instead, the Insights Association's website highlights the importance of professional 
experience and industry-related professional courses (through conferences, seminars, and webinars). 
Consequently, neither the Handbook nor the Insights Association website support the assertion that at 
least a bachelor's degree in a specific specialty, or its equivalent, is normally the minimum requirement 
for these positions. 
The Petitioner also references DOL's Occupational Information Network (O*NET) summary report 
for "Market Research Analysts and Marketing Specialists" listed as SOC code 13-1161.00 for our 
consideration under this criterion. 
Though relevant, the information the Petitioner submits from O*NET does not establish the 
Petitioner's eligibility under the first criterion, as it does not establish that a bachelor's degree in a 
specific specialty, or the equivalent, is normally required. The summary report provides general 
information regarding the occupation; however, it does not support the Petitioner's assertion regarding 
the educational requirements for these positions. For example, 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 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. 10 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 it does not specify the particular type 
of degree, if any, that a position would require.11 The O*NET summary report for this occupation 
also does not specify that a degree is required, but instead states, "most of these occupations require a 
four-year bachelor's degree, but some do not." Similar to the SVP rating, the Job Zone Four 
designation does not indicate that any academic credentials for Job Zone Four occupations must be 
directly related to the duties performed. 
Further, we note that the summary report provides the educational requirements of "respondents." 
However, 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. 12 Thus, the Petitioner's 
reliance on the 100% of "respondents" claiming to hold at least a bachelor's degree as a demonstration 
that a bachelor's degree is the normal requirement for the occupation is misguided. A requirement for 
a bachelor's degree alone is not sufficient. Instead, 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., 484 F.3d at 147 (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). 
10 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. 
11 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/ 
onl ine/svp. 
12 Nor is it apparent whether these credentials were prerequisites to these individuals' hiring. 
6 
O*NET, therefore, also does not support the assertion that at least a bachelor's degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for these positions. 
On appeal, the Petitioner cites Residential Finance Corp. v. USCIS, 839 F. Supp. 2d 985 (S.D. Ohio 
2012). We agree that "[t]he knowledge and not the title of the degree is what is important." However, 
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 c01Telation 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 English 
and business, 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 particular position. Section 214(i)(l)(B) of the Act (emphasis added).13 For the 
aforementioned reasons, however, 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. 
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.14 Again, we are not bound to follow the published 
decision of a United States district court in matters arising even within the same district. See K-S-, 20 
l&N Dec. at 719-20. It is also important to note that in a subsequent case reviewed in the same 
jurisdiction, the court agreed with our analysis of Residential Finance. See Health Carousel, LLC v. 
USCIS, No. 1:13-CV-23, 2014 WL 29591 (S.D. Ohio 2014). 
The record lacks sufficient probative evidence to support a conclusion that the proffered position is 
one for which a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally 
the minimum requirement for entry. For the aforementioned reasons, 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. Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1). 
2. 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[.]" 
13 The court in Residential Finance did not eliminate the statutmy "bachelor's or higher degree in the specific specialty" 
language imposed by Congress. Rather, it found that the petitioner in that case had satisfied the requirement. 
14 The district judge's decision 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 decision 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. 
7 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong casts its gaze upon the common 
industry practice, while the alternative prong narrows its focus to the Petitioner's specific position. 
a. 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. 
We generally consider the following sources of evidence to determine if there is such a common degree 
requirement: 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 establish that such firms "routinely employ and recruit 
only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989) (considering these "factors" to 
inform the commonality of a degree requirement)). 
As noted, the Handbook does not indicate that a bachelor's degree in a specific specialty is a common 
requirement within the industry for parallel positions among similar organizations. Also, the Petitioner 
did not submit evidence from an industry professional association or from firms or individuals in the 
industry indicating such a degree is a minimum requirement for entry into the position. 
First, the Petitioner submitted two letters from the Director of Growth, APAC atl land the 
Founder of ~-----~for consideration under this prong. In sum, each of the authors 
describes his experience within the industry and states that it is common for positions similar to the 
one proffered here to require a bachelor's degree in business analytics. However, neither of the letters 
are supported by evidence or the necessary information to determine that the companies routinely 
employ or recruit only specifically degreed individuals for "business intelligence analyst" or market 
research analyst positions (or parallel positions). Further, the bachelor's degree in business analytics 
identified by each author is different from that which is required by the Petitioner for the proffered 
position.15 As such, we conclude that the letters are not sufficient to satisfy the first prong. 
Next, the Petitioner also submitted job vacancy announcements for our consideration under this prong. 
To be relevant for this consideration, the job vacancy announcements must advertise "parallel 
positions," and the announcements must have been placed by organizations that (1) conduct business 
in the Petitioner's industry and (2) are also "similar" to the Petitioner. These job vacancy 
announcements do not satisfy that threshold. Upon review of the documents, we conclude that the 
Petitioner's reliance on the job announcements is misplaced. 
We will first consider whether the advertised job opportunities could be considered "parallel 
positions." As noted, the Petitioner attested to DOL that the proffered position is a Level II position. 
However, two of the advertised positions require work experience beyond the requirements for a Level 
11 position; both unrelated positions require a bachelor's degree plus at least four years of relevant 
15 While a bachelor's degree in business analytics may be a "related field" as referenced by the Petitioner, it is vastly 
different from a general degree, such as business or communications, listed as acceptable by the Petitioner. 
8 
experience. Further, some of the advertisements do not include sufficient information about the duties 
and responsibilities for the advertised positions. Thus, it is not possible to determine important aspects 
of the 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. Therefore, the 
Petitioner has not sufficiently established that the primary duties and responsibilities of the advertised 
positions parallel those of the proffered position. 
Nor does the record contain documentary evidence sufficient to establish that these job vacancy 
announcements were placed by companies that (1) conduct business in the Petitioner's industry and 
(2) are also "similar" to the Petitioner. In fact, none of the advertisements provide sufficient 
information regarding the hiring employers and the Petitioner did not supplement the record of 
proceedings to establish that these advertising organizations are similar to it.16 
Moreover, some of the postings do not indicate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. For instance, several of the advertised positions 
require a bachelor's degree but do not identify a specific field of study for the degree.17 Additionally, 
one of the advertised positions states that it requires a bachelor's degree "or equivalent practical 
experience." We do not know, however, what formulation that employer would use to determine the 
equivalent of a bachelor's degree, and if the H-1B category would utilize the same standard to ensure 
that the advertisements represented the same "equivalent" standard.18 Furthermore, another advertised 
position requires a bachelor's degree but also states that a "completed 4-year degree or on track to 
complete in 2020" is acceptable. Thus, it appears that a bachelor's degree is not a prerequisite for 
entry into that position. Overall, the job postings suggest, at best, that although a bachelor's degree is 
sometimes required for these positions, a bachelor's degree in a specific specialty (or its equivalent) 
is not. 
For all of these reasons, the Petitioner has not established that these job vacancy announcements are 
relevant.19 As the documentation does not establish that the Petitioner has met this prong of the 
16 The language of the regulation is clear and when determining whether the job vacancy announcements are relevant for 
consideration, the Petitioner must show that they are "similar" organizations. When determining whether the Petitioner 
and another organization share the same general characteristics, such factors may include information regarding the nature 
or type of organization, and, when pertinent, the particular scope of operations, as wel I as the level of revenue and staffing 
(to list just a few elements that may be considered). It is not sufficient for the Petitioner to claim that an organization is 
similar and in the same industry without providing a basis for the assertion. 
17 As discussed, the degree requirement set by the statutory and regulatory framework of the H-1B program is not just a 
bachelor's or higher degree, but a bachelor's degree in a specific specialty that is directly related to the duties of the 
position. Section 214(i)(1)(b) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). See Royal Siam Corp., 484 F.3d at 147. 
18 See 8 C.F.R. § 214.2(h)(4)(iii)(D)(5). 
19 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 drawn 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 enor"). 
9 
regulations, further analysis regarding the specific information contained in each of the job postings 
is not necessary.20 That is, not every deficit of every job posting has been addressed. 
The Petitioner has not provided sufficient evidence to establish that a bachelor's degree in a specific 
specialty, or its equivalent, is common to the industry in parallel positions among similar 
organizations. Thus, the Petitioner has not satisfied the first alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
b. Second Prong 
We will next consider the second alternative prong of 8 C.F.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. 
We reviewed the Petitioner's statements regarding the proffered position; however, while the 
Petitioner briefly stated that the business intelligence analyst "is a crucial and complex position" 
within its business operations, it has not sufficiently developed relative complexity or uniqueness as 
an aspect of the proffered position. That is, the Petitioner has not explained in detail how tasks such 
as: 
• collect and analyze data on players 
• make recommendations for business model changes 
• communicate with product manager to understand business background and product 
• draw conclusions, visualize the result, and generate a report 
• devise and evaluate procedures for collecting player data 
• assist with fraud detection, automation, and eliminating toxic player behavior 
• monitor player activities 
• prepare reports of research and analysis for the Petitioner's products 
• present data to management and customers 
• generate reports on Microsoft Word and data visualization on tableau 
• conduct research for Petitioner's clients 
• seek and provide industry innovations 
• combine internal game data with data from third party providers 
• measure the effectiveness of current customer outreach and communication initiatives 
• assess client satisfaction 
• integrate feedback and tickets from internal customer service tools with customer feedback 
• translate customers' concerns, suggestions, and complaints to actionable math questions 
• provide insights and suggestions to product manager and marketing manager 
• monitor real time business intelligence industry 
• attended industry conferences 
• catch up with the application and techniques that are used in China 
20 The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. 
10 
require the theoretical and practical application of a body of highly specialized knowledge. These 
listed duties, when read in combination with the Petitioner's statements about its business operations, 
suggests that th is particular position is not so complex or unique relative to other business inte II igence 
analysts that the duties can only be performed by an individual with a bachelor's degree or higher in 
a specific specialty, or its equivalent. 
Further, the Petitioner submitted samples of the Beneficiary's work or work he would complete in the 
proffered position. We have reviewed the work samples submitted by the Petitioner. However, the 
Petitioner does not explain why the production of these documents would require a bachelor's degree, 
or the equivalent, in a specific specialty. 
Furthermore, the Petitioner submitted an expert opinion letter, authored byl I Associate 
Professor and Co-Director ofl I in the at 
...__ ____ _.University,I I. In his letter, I !specifically discusses the benefits of a 
master's degree in business analytics and how it prepares a candidate for a business intelligence analyst 
position. However, I I does not reference the Petitioner nor/be orat~ered position in his letter. 
As such, we conclude that the Petitioner has not demonstrated that1 ..... ___ _.Jassessed the nature of the 
position or appropriately determined parallel positions based upon the job duties and level of 
responsibi I ities. 
We may, in our discretion, use opinion statements submitted by the Petitioner as advisory. Matter of 
Caron Int'/, 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. Consistent with Caron Int'l, we conclude that these evaluations do not 
satisfy 8 C.F.R. § 214.2(h)(4)(iii){A){2) and, for the sake of efficiency, hereby incorporate this 
conclusion into our analysis of the remaining specialty-occupation criteria. 
Additionally, the Petitioner and I I claim that the Beneficiary is well qualified for the position 
and reference his qualifications. The Petitioner also provided detailed information about the courses 
related to the knowledge required in order to perform the duties of the proffered position. The 
Petitioner indicated that these courses and specific coursework provided the Beneficiary with the ski I ls 
necessary to perform the listed duties. However, the test to establish a position as a specialty 
occupation is not the education or experience of a proposed beneficiary, but whether the position itself 
requires at least a bachelor's degree in a specific specialty, or its equivalent. Simply providing a long 
list of the Beneficiary's coursework, or courses available in a degree program, does not sufficiently 
develop relative complexity or uniqueness of the particular position. 
The Petitioner did not sufficiently develop relative complexity or uniqueness as an aspect of the duties 
of the position, and it did not identify any tasks that are so complex or unique that only a specifically 
degreed individual could perform them. Accordingly, the Petitioner has not satisfied the second 
alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
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3. 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. 
The Petitioner submitted a copy of an internal job advertisement for a business intelligence analyst 
position. The Petitioner contends that it always requires a bachelor's degree in a specific specialty for 
positions like the one proffered here. However, while the Petitioner requires a bachelor's degree, or 
equivalent, in business, communications, or a related field for the proffered position, the advertisement 
for the same position requires a bachelor's degree in business analytics, computer science, statistics, 
or a related field, plus two years of experience in SQL, database, and business intelligence and 
statistical analysis role and two years of experience with Tableau or similar Bl tools. Thus, the 
proffered position and the advertised position have different minimum education and experience 
requirements. 
Moreover, the listing date of the Petitioner's advertised position is unclear as it does not include a 
listing date or evidence that the Petitioner published this advertisement. Thus, it is unknown whether 
the Petitioner's advertised position was created or posted after the Director's RFE or whether it 
pre-dates the petition filing. The Petitioner must establish eligibility at the time of filing the 
nonimmigrant visa petition. 8 C.F.R. § 103.2(b)(1). Evidence that the Petitioner creates after the 
Director issues an RFE is not considered independent and objective evidence. Necessarily, 
independent and objective evidence would be evidence that is contemporaneous with the event to be 
proven and existent at the time of the Director's notice. 
As such, the Petitioner has not sufficiently established that the proffered position is the same or similar 
to the advertised position such that we can conclude that the Petitioner normally requires a bachelor's 
degree in a specific specialty, or its equivalent for this position. 
The record must establish that a petitioner's stated degree requirement is not a matter of preference for 
high-caliber candidates but is necessitated instead by performance requirements of the position. See 
Defensor, 201 F.3d at 387-88. Were we limited solely to reviewing a petitioner's claimed self-imposed 
requirements, an organization could bring any individual with a bachelor's degree to the United States to 
perform any occupation as long as the petitioning entity created a token degree requirement. Id. 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 
previously held the position. 
We conclude that the Petitioner did not provide sufficient documentary evidence to support the assertion 
that it normally requires at least a bachelor's degree in a specific specialty, or its equivalent, directly 
related to the duties of the position. The Petitioner has not satisfied the third criterion of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
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4. 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. 
For reasons similar to those discussed under the second prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), we 
conclude that 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). We incorporate our 
earlier discussion and analysis on this matter. 
Consequently, the Petitioner has not satisfied any of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
IV. CONCLUSION 
The appeal will be dismissed for the above stated reasons. In visa petition proceedings, it is the 
petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 
8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
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