dismissed H-1B Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 10648142 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 8, 2020 
The Petitioner, an information technology company, seeks to temporarily employ the Beneficiary as an 
"engagement manager" under the H-1B nonimmigrant classification for specialty occupations. 
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 
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 of the California Service Center denied the petition, concluding that the record did not 
establish the 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 Christa's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
Upon de nova review, we cannot determine the substantive nature of the proffered position, which 
precludes a determination of whether that the proffered position satisfies any criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A).1 
When determining whether a position is a specialty occupation, we review the H-1B petition and the 
supporting documents to ascertain the salient aspects of the proposed employment. A crucial aspect 
of this matter is whether the Petitioner has submitted sufficient and consistent evidence describing the 
duties of the proffered position such that we may discern the nature of the position and whether the 
position actually requires the theoretical and practical application of a body of highly specialized 
knowledge attained through at least a baccalaureate degree in a specific discipline. See sections 
101(a)(15)(H)(i)(b), 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). The substantive nature of the work 
determines (1) the normal minimum educational requirement for entry into the particular position, which 
is the focus of criterion 1; (2) industry positions which are parallel to the proffered position and thus 
appropriate for review for a common degree requirement, under the first alternate prong of criterion 2; 
1 The Petitioner submitted documentation to support the H-1B petition, including evidence regarding the proffered position 
and its business operations. Although we may not discuss every document submitted, we have reviewed and considered 
each one. 
(3) the level of complexity or uniqueness of the proffered position, which is the focus of the second 
alternate prong of criterion 2; (4) the factual justification for a petitioner normally requiring a degree or 
its equivalent, when that is an issue under criterion 3; and (5) the degree of specialization and complexity 
of the specific duties, which is the focus of criterion 4.2 8 C.F.R. § 214.2(h)(4)(iii)(A). Accordingly, 
U.S. Citizenship and Immigration Services must be able to determine the substantive nature of a 
proffered position's duties before it can determine whether such a position qualifies as a specialty 
occupation. 
The Petitioner describes the proffered "engagement manager"3 position's duties, and the percentage 
of the Beneficiary's time required to perform them, as follows: 
I Enhance client engagement and satisfaction (30%); 
I Build a sustained pipeline of new projects in the existing accounts to meet account 
revenue targets (25%); 
I Acquire new clients (30%); 
I Develop a strong U.S. based team to deliver on account targets (10%); and 
I Review and monitor project delivery with the team (5%).4 
On the labor condition application (LCA)5 submitted in support of the petition, the Petitioner designated 
the proffered position in the "Operations Research Analysts" occupational category, corresponding to 
the Standard Occupational Classification (SOC) code 15-2031.00 from the Occupational Information 
Network (O*NET). According to the U.S. Department of Labor's (DOL) Occupational Outlook 
Handbook (Handbook), "Operations Research Analysts" typically "use advanced mathematical and 
analytical methods to help organizations solve problems and make better decisions .... For example, 
to help an airline schedule flights and decide what to charge for tickets, analysts may take into account 
the cities that have to be connected, the amount of fuel required to fly those routes, the expected 
number of passengers, pilots' schedules, maintenance costs, and fuel prices." Bureau of Labor 
Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Operations Research Analysts, 
https://www.bls.gov/ooh/math/operations-research-analysts.htm#tab-2 (last visited Sep. 3, 2020). 6 In 
turn, the O*NET summary report for "Operations Research Analysts" indicates that typical duties of 
positions in the occupational category include the following types of tasks: 
2 As the lack of probative and consistent evidence in the record precludes a conclusion that the proffered position is a 
specialty occupation and is dispositive of the appeal, we will not further discuss the Petitioner's assertions on appeal 
regarding the criteria under 8 C.F.R. § 214.2(h)(4)(iii)(A). 
3 To determine whether a particular job qualifies as a specialty occupation, we do not simply rely on a position's title. The 
specific duties of the proffered position, combined with the nature of the petitioning entity's business operations, are factors 
to be considered. We must examine the ultimate employment of the individual, and determine whether the position 
qualifies as a specialty occupation. See generally Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000). The critical element 
is not the title of the position or an employer's self-imposed standards, but whether the position actually requires the 
theoretical and practical application of a body of highly specialized knowledge, and the attainment of a baccalaureate or 
higher degree in the specific specialty as the minimum for entry into the occupation, as required by the Act. 
4 The Petitioner submitted expanded duty descriptions. Although we omit the expanded descriptions for brevity, we have 
reviewed them in their entirety. 
5 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). 
6 The Handbook is a source of information on the duties and educational requirements of the wide variety of occupations 
that it addresses. However, we do not maintain that the Handbook is the exclusive source of relevant information. 
2 
I Observe the current system in operation and gather and analyze information about 
each of the parts of component problems, using a variety of sources; 
I Formulate mathematical or simulation models of problems, relating constants and 
variables, restrictions, alternatives, conflicting objectives, and their numerical 
parameters; 
I Perform validation and testing of models to ensure adequacy and reformulate 
models as necessary; 
I Study and analyze information about alternative courses of action to determine 
which plan will offer the best outcomes; and 
I Present the results of mathematical modeling and data analysis to management or 
other end users. 
O*NET Online Summary Report for "15-2031.00 - Operations Research Analysts," 
https://www.onetonline.org/link/summary/15-2031.00 (last visited Sep. 3, 2020). 
Unlike the information in the Handbook and the O*NET summary report, the position's duty 
description, including the expanded description, does not address observing the Petitioner's current 
system, gathering information about the system, and analyzing that information; formulating 
mathematical or si mu la ti on models of problems; performing validation and testing of the mathematical 
or simulation models to ensure adequacy; studying and analyzing information about alternative 
courses of action; presenting the results of mathematical modeling and data analysis to management; 
and other typical tasks associated with "Operations Research Analysts." Instead, the Petitioner's 
description addresses "[enhancing] client engagement and satisfaction," "[building] ... new projects," 
"[acquiring] new clients," "[developing] a strong U.S. based team," and "[reviewing] and monitor[ing] 
project delivery with the team."7 In particular, we note that the Beneficiary would spend 30% of his 
time acquiring new clients, and another 30% of his time enhancing client satisfaction, in part by 
"[conducting] monthly and quarterly business reviews with key client stakeholders" and "[acting] as 
[the] first escalation point of contact for client services." The dissimilarities between the Petitioner's 
duty description and typical duties summarized in the Handbook and the O*NET summary report for 
the designated occupational category, and the similarities between the duty description and typical 
duties of other, distinct occupational categories, present inconsistent information regarding the 
substantive nature of the proffered position designated in the "Operations Research Analyst" 
occupational category. 
In summation, we conclude that the record does not establish the actual substantive nature of the 
proffered position, which therefore precludes a determination of whether the position qualifies as a 
specialty occupation. 
7 The description bears some similarities to typical duties of other occupational categories, such as "Information 
Technology Project Managers," "Computer and Information Systems Managers," and "Sales Engineers" See O*NET 
Online Summary Report for "15-1199.00 - Information Technology Project Managers," https://www.onetonline.org/ 
link/summary/15-1199.09 (last visited Sep. 3, 2020); see also O*NET Online Summary Report for "11-3021.00 -
Computer and Information Systems Managers," https://www.onetonline.org/link/summary/11-3021.00 (last visited Sep. 
3, 2020); O*NET Online Summary Report for "41-9031.00 - Sales Engineers," https://www.onetonline.org/ 
link/summary/41-9031.00 (last visited Sep. 3, 2020). The similarities between the position's duties and those of other 
occupational categories raise questions regarding whether the LCA corresponds to the petition. See 20 C.F.R. 
§ 655.705(b). 
3 
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. 
4