dismissed H-1B Case: Lighting Design

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-S-A-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 31, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , a lighting design services company, seeks to temporarily employ the Beneficiary as a 
"lighting designer 4" 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 
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 Vermont Service Center denied the petition , concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation . On appeal, the 
Petitioner asserts that the Director erred in the decision. 
Upon de nova review , we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l) , defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge , and 
(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 nonnally the minimum 
requirement for entry into the particular position; 
Matter of G-S-A-, LLC 
(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"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
The Petitioner stated that the Beneficiary will be employed as a lighting designer 4. In its letter of 
support, the Petitioner provided the following information for the proffered position: 
The role of this position is to provide architectural and museum design, effective use 
of architectural and lighting software, production of architectural documents, and client 
communication. At the onset of every project, a Lighting Designer 4 must account for 
a myriad of considerations, such as user needs and preferences; space frustrations; 
visual tasks; quantity/quality of lighting; glare and visual comfort issues; architectural 
features; coordination with day-lighting; color temperature and color rendering issues; 
budget concerns; operating costs; maintenance issues; energy codes; and 
building/electrical codes. 
According to the Petitioner, the proffered position requires a bachelor's degree in lighting, design, 
architecture, or a related field. 
III. ANALYSIS 
For the reasons discussed below, we have determined that the Petitioner has not demonstrated that the 
proffered position qualifies as a specialty occupation. 1 Specifically, we conclude that the record does 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
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Matter of G-S-A-, LLC 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 2 
A. First Criterion 
We first turn 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 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. 3 The Petitioner 
submitted the required DOL ETA Form 9035 & 9035E, Labor Condition Application for 
Nonimmigrant Workers (LCA) with this petition, where it classified the proffered position under the 
occupational title "Interior Designers," corresponding to the Standard Occupational Classification 
(SOC) code 27-1025. 4 
The subchapter of the Handbook entitled "How to Become an Interior Designer" states, in pertinent 
part, that "[i]nterior designers usually need a bachelor's degree with a focus in interior design or 
interior architecture." In addition, the Handbook states that "[i]nterior designers entering the 
occupation usually need a bachelor's degree in any field .... Programs in interior design are available 
at the associate's, bachelor's, and master's degree levels." 5 
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. While the 
Handbook reports that a bachelor's degree is usually required, it also reports that this degree can be in 
any field. 6 The Handbook also states that a bachelor's degree "with a focus in interior design or 
interior architecture" are usually needed. However, it is not evident whether a "focus" in interior 
2 The Petitioner submitted documentation to support the petition, including evidence regarding the position and its business 
operations. While we may not discuss every document submitted, we have reviewed and considered each one. 
3 We do not. however, maintain that the Handbook is the exclusive source of relevant information. To satisfy the first 
criterion, the Petitioner bears the burden to submit sufficient evidence to support a determination that its particular position 
will normally have at its minimum, a bachelor's degree requirement in a particular specialty, or its equivalent, for entry at 
any level - be it at the entry level (Level I), or at the fully competent level (Level TV). 
4 The Petitioner is required to submit a certified LCA to U.S. Citizenship and Immigration Services (USCTS) to demonstrate 
that it will pay the Beneficiary 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 experience and qualifications who 
are performing the same services. Section 212(n)(l) of the Act; 20 C.F.R. § 655.73 l(a). 
5 Bureau of Labor Statistics, DOL, Handbook, Interior Designers, https://www.bls.gov/ooh/arts-and-design/interior­
designers.htm#tab-4 (last visited Oct. 30, 2019). 
6 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 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."). Thus, while a general-purpose bachelor's degree 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, 484 F.3d at 147. 
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Matter of G-S-A-, LLC 
design or interior architecture is equivalent to a bachelor's degree specifically in the field of interior 
design or interior architecture. 
The narrative of the Handbook further reports that "[l]icensure requirements vary by state." We 
reviewed the New York State DOL website on the Ii censure requirements for interior designers. It 
reports that a certified interior designer requires a license, and that eligibility for licensure is based 
upon a combination of education and experience. The website further indicates that the education 
includes at least two years of postsecondary education in an approved program of interior design, 
including an associate degree, or its equivalent. 7 Here, the Petitioner did not claim that the proffered 
position is for a certified interior designer and therefore, the Beneficiary is not required to obtain a 
license. However, the minimum requirement for licensure in New York is an associate's degree and 
some expenence. 
Thus, the Handbook and the New York State DOL do not support the claim that the occupational 
category "interior designer" is one for which normally the minimum requirement for entry is a 
baccalaureate degree ( or higher) in a specific specialty, or its equivalent. The Petitioner has not 
satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may show 
that its particular position is so complex or unique that it can be performed only by an individual with 
a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong looks to 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. 
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 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) (considering these 
"factors" to inform the commonality of a degree requirement)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook ( or other independent, authoritative source) 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. 
7 See New York State DOL, http://www.labor.ny.gov/stats/olcny/interior-designer.shtm (last visited Oct. 30, 2019). 
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Matter of G-S-A-, LLC 
On appeal the Petitioner submits a letter from 
~ and.__ __________________ ~ ._ ___ ~states that "[a]t least a 
Bachelor's Degree in Architecture, Interior Design, Lighting Design or a closely related field, or the 
equivalent hands-on experience, is fundamental for a practitioner" and references the Certified 
Lighting Designer (CLD) website. The CLD website indicates that in order to obtain a CLD 
certification, the candidate must have the following: 
• 3 years working as a lead designer 
• 2-4 portfolio projects 
• Ability to demonstrate competence in 5-7 domains of practice 
See Certified Lighting Designer, https://www.cld.global/ (last visited Oct. 30, 2019). 
Moreover, we reviewed the ._I _ ___.!website and it indicates the following levels of membership: 
FELLOWS have made a significant contribution to architectural lighting design and 
have been Professional members of the I I for at least ten (10) years. Fellows are 
nominated by their peers and approved by thel ~embership Committee. 
PROFESSIONALS have at least five (5) years of experience as a senior or lead 
designer and must undergo a sophisticated portfolio review. 
ASSOCIATES have 3-5 years of experience as a lighting designer. JUNIOR 
ASSOCIATES are new to the profession and have less than three (3) years of 
experience in lighting design. EDUCATORS spend at least half of their professional 
time teaching at accredited higher education institutions with programs in lighting 
design and related fields. 
STUDENTS are pursuing degrees in lighting design and related fields. This 
membership is available to design interns, too! 
AFFILIATES are individuals with an interest in lighting design and/or the D 
community 
See.__ ______________________ ____. (last visited Oct. 30, 2019) 
Notably, none of the websites indicate that a bacp..cl.uL.s,degrP-J in a soecifif specialty, or it equivalent, 
is required to become a member of the CLD or L__J Thus ._ ____ ___,_ 's basis for claiming that a 
bachelor's degree in architecture, interior design, lighting! design, or a closely related field is required 
for these positions is not supported by the CLD or 
As such, we conclude that the opinion letter from I I is insufficient to satisfy this or any of 
the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). Matter o_fCaron Int'!, 19 I&N Dec. 791, 795 (Comm'r 
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Matter of G-S-A-, LLC 
1988) (The service is not required to accept or may give less weight to an advisory opinion when it is 
"not in accord with other information or is in any way questionable."). 
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. 
In support of its assertion that the proffered position qualifies as a specialty occupation, the Petitioner 
submitted a description of the proffered position, along with a sample client lighting criteria list, and 
client letters and contracts. We reviewed the documentation, but the evidence does not establish the 
complexity or uniqueness of the position. The information does not show that the position is more 
complex or unique than other interior designer positions that are not usually associated with at least a 
bachelor's degree in a specific specialty, or its equivalent. Moreover, the record does not demonstrate 
that the necessary knowledge for the proffered position is attained through an established curriculum 
of particular courses leading to a baccalaureate or higher degree in a specific specialty, or its 
equivalent. 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. 
In addition, the Petitioner provided copies of the Beneficiary's sample work products. However, the 
Petitioner did not sufficiently explain how these documents distinguish and differentiate the duties of 
the proffered position from the typical duties performed by other interior designers, and why the 
proffered duties require a baccalaureate ( or higher degree) in a specific specialty, or its equivalent, as 
claimed. 
The Petitioner claims that the Beneficiary is well qualified for the position, and references her 
qualifications. However, the test to establish a position as a specialty occupation is not the credentials 
of a proposed beneficiary, but whether the position itself requires at least a bachelor's degree in a 
specific specialty, or its equivalent. Here, 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). 
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. 
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Matter of G-S-A-, LLC 
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 v. Meissner, 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. 
In support of this criterion, the Petitioner provided the H-1B approval notices of four individuals in 
the same or similar position to a lighting designer 4 position. While the Petitioner claims that these 
individuals are in the same or similar position to the proffered position, the Petitioner did not provide 
the job duties and day-to-day responsibilities for these individuals. The Petitioner did not submit any 
information regarding the complexity of the job duties, supervisory duties (if any), independent 
judgment required or the amount of supervision received. Accordingly, it is unclear whether the duties 
and responsibilities of these individuals are the same or similar to the proffered position. 
Without more, the Petitioner has not persuasively established that it normally requires at least a 
bachelor's degree in a specific specialty, or its equivalent, for the 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 associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent. 
The Petitioner submitted a letter from I l a professor in the Department of Design, 
Housing, and Apparel at the University ofl r In her letter, I I: (1) describes the 
credentials that she asserts qualify her to opine upon the nature of the proffered position; (2) lists the 
duties proposed for the Beneficiary; and (3) states that these duties require at least a bachelor's degree 
in architecture, interior design, engineering, or a related field. We carefully evaluated! l's 
assertions in support of the instant petition but, for the following reasons, determined her letter is not 
persuasive. 
First, we note that I I does not discuss the duties of the proffered position in any substantive 
detail. Rather, she restates the same duties listed in the Petitioner's letter of support. Thus, there is 
no indication that she possesses any knowledge of the Petitioner's proffered position beyond this job 
description, e.g., visited the Petitioner's business, observed the Petitioner's employees, interviewed 
them about the nature of their work, or documented the knowledge that these workers apply on the job 
prior to documenting his opinion regarding the proffered position. Her level of familiarity with the 
actual job duties as they would be performed in the context of the Petitioner's business has therefore 
not been substantiated. 
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Matter of G-S-A-, LLC 
Moreover, the record does not include evidence that I I has published, conducted research, 
run surveys, or engaged in any enterprise, pursuit, or employment - academic or otherwise - regarding 
the minimum education requirements for the performance of the duties of the proffered position. 
While she may have anecdotal information regarding recruitment by employers for students who study 
design, housing, and apparel, the record does not include any relevant research, studies, surveys, or 
other authoritative publications as part of her review and/or as a foundation for her opinion. 
For the reasons discussed, we conclude thatl ts opinion letter is insufficient to satisfy this 
criterion. Matter of Caron Int'!, 19 I&N Dec. 791, 795 (Comm'r 1988) (The service is not required 
to accept or may give less weight to an advisory opinion when it is "not in accord with other 
information or is in any way questionable."). 
Furthermore, we conclude that relative specialization and complexity have not been sufficiently 
developed by the Petitioner as an aspect of the proffered position. The Petitioner does not establish 
how the generally described duties are so specialized and complex that the proffered position qualifies 
as a specialty occupation. While the evidence submitted demonstrates that the position may require 
that the Beneficiary possess some skills and technical knowledge in order to perform these duties, the 
Petitioner has not sufficiently explained how these tasks 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 sum, the record does not include sufficient probative evidence that the duties require more than 
skills and technical knowledge in the field. Thus, the Petitioner has not demonstrated that its proffered 
position is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)( 4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied any 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. 
The appeal will be dismissed for the above stated reasons, with each considered an independent and 
alternative basis for the decision. In visa petition proceedings, it is the petitioner's burden to establish 
eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner 
has not met that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter of G-S-A-, LLC, ID# 4951509 (AAO Oct. 31, 2019) 
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