dismissed H-1B Case: Law

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-L-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY9.2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner. a law firm. seeks to temporarily employ the Beneficiary as a part-time ··taw clerk'" 
under the H-1 B nonimmigrant classification for specialty occupations. See Immigration and 
Nationality Act (the Act)§ 10l(a)(l5)(H)(i)(b). 8 U.S.C. § 1101(a)(l5)(II)(i)(b). The H-IB 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 did not establish that the proffered position qualities as a specialty occupation in 
accordance with the applicable statutory and regulatory provisions. 
The matter is now before us on appeal. In its appeaL the Petitioner submits additional evidence and 
asserts that the Director erred by finding that 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 prolTercd position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter of B-L-
(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 
(./) 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. Cherh?ff, 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 
With its initial filing, the Petitioner submitted a document entitled ··Law Clerk Job Description.'" 
According to this document, the Beneficiary will be responsible for: 
• Assisting attorney in preparing legal documents including but not limited to: 
immigration application packages, bankruptcy petition packages, and tax 
return! controversy packages. 
• Maintaining attorney calendar by planning and scheduling client meetings, 
conferences, teleconferences, and travel: recording and monitoring court appearance 
dates, pleadings, and tiling requirements: monitoring evidence-gathering: anticipating 
changes in litigation or transaction preparation requirements. 
• Maintaining and updating the in-house immigration form database. 
• Writing support letters, declarations, affidavits, and annotated outlines as needed. 
• Conducting legal research. 
• Documenting and inputting attorney billable time and reimbursable expenses: 
preparing invoices; tracking payments. 
• Maintaining ot1ice supplies by checking stocks; placing and expediting orders: 
evaluating new products. 
• Welcoming guests and clients by greeting them in person or on the telephone: 
answering or directing inquiries to the appropriate location. 
2 
Matter of B-L-
The Petitioner's job description states that a candidate for the position must (1) be in his/her final 
year of Juris Doctorate (J.D.) study, or (2) have a J.D. degree. 1 
The Petitioner also submitted a signed employment agreement, in which the following duties and 
responsibilities were provided for the profTered position: 2 
• Answer the phone and provide reception services for the finn 
• Maintain the firm's calendar by handling scheduling tasks for clients and cases 
• Assist in performing legal research duties for the firm 
• Assist in performing legal writing and document preparation duties for the firn1 
• Ensure adequate supplies tor the office to maintain normal function 
• Promptly inform Employer of any possible conflict of interest Employee may have 
with any new or existing clients. 
In response to the Director's request for evidence (RFE), the Petitioner expanded the Beneficiary's 
job duties to include the following: 
• Researching questions oflaw at the direction ofthe attorney. 
• Preparing memoranda, motions, complaints, or responses based on research topics 
and the attorney's direction. 
• Preparing draft documents tor clients' cases 
• Distilling legal options available to clients based on legal research and analysis of the 
facts of the situation into a clear and concise memorandum for the attorney. 
• Reviewing and analyzing client files tor completeness and providing 
recommendations for necessary evidence or other information to complete clients' 
files. 
III. ANALYSIS 
On appeal, the Petitioner asserts that the Director erred in its decision concluding that that the 
Petitioner had not established eligibility tor the H-1 B petition to be approved. 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 qualities as a specialty occupation. 3 Specifically, the record 
(1) contains inconsistent infonnation regarding the protTered position: and (2) does not establish that 
1 In response to the Director's request for evidence (RFE) and on appeal, however. the Petitioner stated that it requires 
the completion of a J.D. degree. The Petitioner did not explain the inconsistency. 
2 The document was signed a few days before the H-1 B petition was submitted and indicates that it constitutes the full 
understanding between the Petitioner and the Beneficiary. 
3 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 
Matter (?lB-L-
the job duties require an educational background, or its equivalent. commensurate with a specialty 
occupation. 4 
A. Labor Condition Application 
We tum first to the labor condition application (LC A) submitted in support of the H -1 B petition. in 
which the Petitioner designated the proffered position under the occupational category "Paralegals 
and Legal Assistants" corresponding to the Standard Occupational Classification code 23-2011. In 
the appeal brief~ however, the Petitioner states that the duties and skills of the proffered position are 
significantly greater and go beyond what is expected of even the most skilled paralegals. It further 
explains that the position is clearly not equivalent to that of a paralegal. According to the Petitioner. 
the protTered position ·'sits somewhere between that of paralegal and lawyer." The Petitioner reports 
that the position requires the completion of a J.D. degree because of the complexity of the job duties. 
The U.S. Department of Labor's (DOL) .. Prevailing Wage Determination Policy Guidance" states 
that if a position is described as a combination of occupations. the Petitioner should select the 
relevant occupational category for the highest paying occupation. 5 In this case, the prevailing wage 
for the occupational category .. Lawyers" (SOC code 23-10 11) is significantly higher than the 
prevailing wage for ·'Paralegals and Legal Assistants." Therefore, we must question the Petitioner's 
designation of the proffered position under the .. Paralegal and Legal Assistants" occupational 
category. The Petitioner was required to provide, at the time of tiling the H-1 B petition, an LC A 
certified for the correct occupational classification in order for it to be found to correspond to the 
petition. To permit otherwise would result in a petitioner paying a wage lower than that required by 
section 212(n)(l)(A) of the Act, by allowing that petitioner to simply submit an LCA for a different 
occupational category at a lower prevailing wage than the one that it claims it is offering to the 
beneficiary. 
Even assuming that the proffered position falls under the occupational category .. Paralegals and Legal 
Assistants,'' we further note that the Petitioner selected a Level II wage for the proffered position on the 
LCA. DOL guidance states that wage levels should be determined only after selecting the most 
relevant occupational code classification. Then, a prevailing wage determination is made by 
selecting one of four wage levels for an occupation based on a comparison of the employer"s job 
requirements to the occupational requirements, including tasks, knowledge. skills, and specific 
vocational preparation (education, training and experience) generally required for acceptable 
performance in that occupation. Factors to be considered when determining the wage level for a 
position include the complexity of the job duties, as well as the levels of judgment, supervision. and 
understanding required to perform the job duties. 
4 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 revie\vcd and 
considered each one. 
5 For additional infonnation. see U.S. Dep"t of Labor, Emp't & Training Admin .. Prevailing Wage Determination Polh:r 
Guidance. Nonagric. Immigration Programs (rev. Nov. 2009), available at http://11cdatacenter.com/dovmload/NPWHC 
_Guidance_Revised_l1_2009.pdf. 
4 
Matter (?f B-L-
A Level II (qualified) wage rate is appropriate for a position that involves moderately complex tasks 
that require limited judgment. An indication that the job request warrants a wage determination at 
Level II would be a requirement for years of education and/or experience that are generally required 
as described in the Occupational Information Network (O*NET) Job Zones. 
The occupational category ··Paralegals and Legal Assistants:· has been assigned an O*NET Job 
Zone 3. which groups it among occupations for which medium preparation is needed. More 
specifically. most occupations in this zone ·'require training in vocational schools. related on-the-job 
experience, or an associate's degree:· See O*NET OnLine Help Center. at 
http://\\ww.onetonline.org/help/online/zones, for a discussion of Job Zone 3. The designation of the 
proffered position at a Level II on the LCA suggests that the Petitioner"s academic and/or 
professional experience requirements for the proffered position would be equate to training in a 
vocational school. related on-the-job experience. or an associate's degree as assigned for an 
occupation designated as O*NET Job Zone 3. 
The Petitioner"s assertion that the proffered position requires a significant level of responsibility and 
expertise, as well as the completion of a J.D. degree, do not appear to be ret1ected in the wage level 
chosen by it on the LCA.6 The statements regarding the claimed level of complexity. independent 
judgment and understanding required for the proffered position. as well as the requirements. appear 
to be materially inconsistent with the certification ofthe LCA tor a Level II position. This conf1ict 
challenges the overall credibility of the petition in establishing the nature of the proffered position 
and in what capacity the Beneficiary will be employed. Therefore. we are precluded from finding 
that the proffered position is a specialty occupation. Nevertheless. assuming. wxuendo. that the 
Petitioner adequately addressed the discrepancies discussed above. we will now analyze the 
evidence of record. 
B. First Criterion 
We now look to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 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 DOL's Occupational Outlook 
Handbook (Handbook) as an authoritative source on the duties and educational requirements of the 
wide variety of occupations that it addresses. 7 
6 
A petitioner must distinguish its proffered position from others within the occupation through the proper wage level 
designation to indicate factors such as complexity of the job duties. the level of judgment, the amount and level of 
supervision, and the level of understanding required to perform the job duties. Through the wage leveL the petitioner 
reflects the job requirements, experience, education, special skills/other requirements and supervisory duties. 
7 All of our references are to the 2016-2017 edition of the Handbook. which may be accessed at the Internet site 
http:l/www.bls.gov/ooh/. We do not. however, maintain that the Handbook is the exclusive source of relevant 
infonnation. 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 nonnally have a minimum, specialty degree requirement, or its equivalent, for entry. 
5 
Malter (~f B-L-
The Petitioner designated the position under the occupation "Paralegals and Legal Assistants" on the 
LCA therefore. we reviewed the subchapter of the Handbook entitled ··How to Become a Paralegal 
or Legal Assistant.'' The Handbook reports in relevant part: "Most paralegals and legal assistants 
have an associate's degree in paralegal studies, or a bachelor's degree in another field and a 
certificate in paralegal studies.'' 8 It further specifies. ·'There are several paths a person can take to 
become a paralegal. Candidates can enroll in a community college paralegal program to earn an 
associate's degree." It also states that '·many employers prefer. or even require. applicants to have a 
bachelor's degree:· According to the Handbook, "Employers sometimes hire college graduates with 
no legal experience or legal education and train them on the job." 
The Handbook does not support the Petitioner's assertion that a bachelor's degree in a specific 
specialty is required for entry into this occupation. Rather, the Handbook indicates that there are 
various paths to enter into this occupation. such as obtaining an associate's degree in paralegal 
studies or a college degree in an unrelated field. The Handbook reports that employers sometimes 
hire individuals who have earned a degree but have no legal experience/education. This passage of 
the Handbook does not indicate that there are any specific degree requirements for these jobs. 
In support of the petition, the Petitioner submitted a printout of the North Dakota Supreme Court 
Rule 5.3 "Responsibilities Regarding Nonlawyer Assistants'' and highlights the "Comments" 
section. The printout provides "guidelines" that are "helpful in evaluating the education. training or 
experience of a qualified legal assistant." Thus, contrary to the Petitioner's assertion. the printout 
does not state that any of the specified credentials are required for these positions, but rather are 
intended to be helpful guidelines. Nevertheless, we reviewed the submission and note that. similar 
to the Handbook's excerpt, the printout indicates that there are numerous paths for these positions. 
including work experience alone, completion of a certifying examination. an associate· s degree. or a 
bachelor's degree. 
The Petitioner has not provided documentation from a probative source to substantiate its assertion 
regarding the minimum requirement fi.1r entry into this particular position. Thus, the Petitioner has 
not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
C. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or. in the alternative. an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first half casts 
its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
8 For additional information regarding the occupational category "Paralegals and Legal Assistants," see U.S. Dep't of 
Labor, Bureau of Labor Statistics. Occupational Outlook Handbook, 2016-17 ed.. Paralegals and Legal Assistants. 
available at http://vvww.bls.gov/ooh/legal/printlparalegals-and-legal-assistants.htm (last visited Apr. 27, 20 16). 
(b)(6)
Matter of B-L-
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. 
In determining whether there is such a common degree requirement , factors often considered by 
USCIS include: whether the Handbook reports that the industry require s a degree: whether the 
industry's professional association has made a degree a minimum entry requirement: and whether 
letters or af1idavits from firms or individuals in the industry attest that such tirms "routinely employ 
and recruit only degreed individuals.'' See ,Shanti. Inc. v. Reno. 36 F. Supp. 2d 1151, 1165 (D. Minn . 
1999) (quoting Hird!Biaker Corp. v. S'ava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
As previously discussed , the Petitioner has not established that its proffered position is one for which 
the Handbook , or other authoritative source . reports a requirement tor at least a bachelor' s degree in 
a specitic specialt y, or its equivalent. Thus, we incorporate by reference the previous discussion on 
the matter. Also. there are no submissions from the industry's professional a ssociation 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 degrced individuals." 
In support of this criterion, the Petitioner submitted copies of job announc ements placed by o ther 
employers. However, upon review of the documents. we find that the Petitioner's reliance on the job 
announcements is misplaced. First, we note that some of the job postings do not appear to involve 
organizations similar to the Petitioner. For example. the Petitioner is a two-per son law firm. whereas 
the advertising organizations include: 
• U.S. District Court 
in , North Dakota; 
• in Minnesota; 
• • - a contracting company to the Security and Exchange 
Commi ssion; 
• - a contracting company to the Department of Justice: 
• An unidentified international 
news and information publisher: and 
• - an information solutions and services company with 15,000 employee s 
and 120 offices worldwide. 
Furthermore, some of the postings appear to be for staffing agencies and/or provide little or no 
infom1ation regarding the hiring employers. The Petitioner did not supplement the record of 
proceeding to establish that the advertising organizations are similar to it. 
When determining whether the Petitioner and the organization share the same general 
characteristics , such factors may include information regarding the nature or type of organization. 
Matter of B-L-
and, when pertinent, the particular scope of operations, as well as the level of revenue and staffing 
(to list just a few elements that may be considered). It is not suflicient for the Petitioner to claim that 
an organization is similar and in the same industry without providing a legitimate basis for such an 
assertion. 
Moreover, many of the advertisements do not appear to be for parallel positions. For example, some 
of the positions appear to be for more senior positions than the proffered position. Moreover. some 
of the postings do not include the duties and responsibilities tor 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), 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 are parallel to the proffered position. 
9 
As the documentation does not establish that the Petitioner has met this prong of the regulations. 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. 10 That is, not every deficit of every job posting has been addressed. 
Thus. the Petitioner has not satisfied the first alternative prong of 8 C .F.R. § 214.2(h)( 4 )(iii)(A)(2). 
2. 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. in the appeal 
brief: the Petitioner does not assert that it satisfies this prong of the second criterion. Further. the 
Petitioner has not sufficiently developed relative complexity or uniqueness as an aspect of the 
proffered position. Thus, the Petitioner has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
9 
It must be noted that 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 adve11isements with regard to 
detennining the common educational requirements for entry into parallel positions in similar organizations. See 
generallv Earl Babbie, The Practice ofSocial Research 186-128 (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. 5;ee id. at 195-196 (explaining that "[r]andom selection is the key to [the] 
process [of probability sampling]" and that ··random selection offers access to the body of probability theory. which 
provides the basis for estimates of population parameters and estimates of error"). 
10 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. 
8 
Matter of B-L-
D. 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. 
To merit approval of the petition under this criterion, the record must establish that a petitioner's 
imposition of a degree requirement is not merely a matter of preference for high-caliber candidates 
but is necessitated by performance requirements of the position. While a petitioner may assert that a 
proffered position requires a specific degree. that statement alone without corroborating evidence 
cannot establish the position as a specialty occupation. Were USCIS limited solely to reviewing a 
petitioner's claimed self-imposed requirements, then any individual with a bachelor's degree could 
be brought to the United States to perform any occupation as long as the Petitioner created a token 
degree requirement, whereby all individuals employed in a particular position possessed a 
baccalaureate or higher degree in the specific specialty, or its equivalent. See Defensor v. 1Heissner. 
201 F.3d at 388. Evidence provided in support of this criterion may include, but is not limited to. 
documentation regarding the Petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position. 
Here, the Petitioner does not assert that it has previously employed an individual for the proffered 
position, and the evidence of record does not demonstrate the Petitioner's hiring history for the 
position at issue. Therefore, the Petitioner has not satisfied the criterion at 8 C.f.R. 
§ 214.2(h)(4)(iii)(A)(J). 
E. 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. 
In support of this criterion, the Petitioner provided a description of the proffered posttwn and 
information regarding its business operations. However. we note that the Petitioner has provided 
inconsistent information regarding the duties of the proffered position. While the initial job description 
and employment agreement consisted of numerous administrative tasks (i.e., answering the phone and 
providing receptive services, maintaining attorney calendar, preparing invoices, maintaining office 
supplies, evaluating new products, welcoming guests), the duties provided in response to the RFE 
elevated the responsibilities of the proffered position to that requiring analysis of facts and law. 
Notably, the Petitioner did not provide any information with regard to the order of importance and/or 
frequency of occurrence (e.g., regularly, periodically or at irregular intervals) with which the 
Beneficiary will perform the duties. As a result, the Petitioner did not establish the primary and 
essential functions of the proffered position. 
9 
Matter of B-L-
While there is no provision in the law for specialty occupations to include non-qualifying duties, we 
view the performance of duties that are incidental 11 to the primary duties of the proffered position as 
acceptable when they are unpredictable, intermittent and of a minor nature. Genera11y, tasks beyond 
such incidental duties, however, e.g., predictable, recurring, and substantive job responsibilities, 
must be specialty occupation duties or the proffered position as a whole cannot be approved as a 
specialty occupation. Here, the record of proceeding does not provide information regarding the 
percentages of time the beneficiary would spend on non-specified duties for the Petitioner's 
business. 
Moreover. while the Petitioner may believe that the proffered position meets this criterion of the 
regulations, it has not sutliciently demonstrated how the position as described requires a specialty 
degree (or its equivalent). For instance, the Petitioner did not submit infom1ation relevant to a 
detailed course of study leading to a specialty degree and did not establish how such a curriculum is 
necessary to perform the tasks. While a few related courses may be beneficial in perfom1ing certain 
duties of the position, the Petitioner has not demonstrated how an established curriculum of such 
courses is required. 
This is further evidenced by the LCA submitted by the Petitioner in support ofthe instant petition for 
a position failing under the "'Paralegals and Legal Assistants'' occupational category at a Level II 
(qualified) wage. 12 The record does not establish that this position is significantly different from 
other positions in the occupational category such that it refutes the Handbook's information that a 
bachelor's degree in a specific specialty, or its equivalent is not required. 
In addition, the Petitioner claims that the Beneficiary is qualified for the position, and references her 
qualifications. 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. 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)(-I). 
IV. CONCLUSION 
Because the Petitioner has not satisfied one ofthe 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. The burden is on the 
Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 lJ .S.C. 
§ 1361: Mafler q(Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. 
11 The two definitions of '"incidental" in Webster's NL'W College Dictionary 573 (Third Edition, Hough Miftlin Harcourt 
2008) are "I. Occurring or apt to occur as an unpredictable or minor concomitant ... [and] 2. Of a minor, casual, or 
subordinate nature .... " 
12 We incorporate our earlier discussion and analysis regarding the duties ofthe proffered position. and the designation 
ofthe proffered position in the LCA as a Level II position (the second lowest of four assignable wage-levels) relative to 
others within the same occupational category. 
10 
Matter <?lB-L-
ORDER: The appeal is dismissed. 
Cite as Matter ofB-L-. ID# 16426 (AAO May 9, 2016) 
11