dismissed H-1B Case: Logistics

U.S. Citizenship 
and Immigration 
Services 
In Re : 15276965 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 25, 2021 
The Petitioner, a distribution and logistical consulting service company , seeks to temporarily employ the 
Beneficiary as a "global logistician" under the H-1B nonirnmigrant 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 Vermont Service Center denied the petition, concluding that the record did not 
establish that the proffered position is a specialty occupation. On appeal, the Petitioner submits a brief 
and asserts that the Director erred by denying the petition . The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence .1 We review the questions in this matter de nova. 2 Upon de nova 
review , we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 101(a)(15)(H)(i)(b) of the Act defines an H-1B nonirnrnigrant as a foreign national "who is 
corning temporarily to the United States to perform services .. . in a specialty occupation described in 
section 214(i)(l) ... "(emphasis added). 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. 
1 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
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: 
( I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). 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. 3 
II. PROFFERED POSITION 
The Petitioner seeks to employ the Beneficiary as a "global logistician." In the April 2020 support 
letter, 4 the Petitioner provided the job duties of the proffered position as follows: 
• Monitor and analyze the company's overall logistical functions including 
acquisition & distribution of goods, scheduling, shipping, customs clearance, 
inventory management, logistics cost and cost improvement options to identify and 
recommend areas for improvement (Appx. 15%); 
• Evaluate existing capabilities and establish new systems and processes for the 
tracking, measurement, reporting, and analysis of all traffic/routing to improve 
margin (Appx. 12%); 
• Formulate and revise the precise supply schedule for the materials and goods and 
ensure timely distribution (Appx. 10%); 
• Monitor inventory level and suggest inventory adjustments based on changes in 
demand, market trends, or supply variability (Appx. 10%); 
• Prepare and/ or update logistics operations and procedures manuals for team 
members (Appx. 2%); 
3 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"). 
4 In their response to the Request for Evidence (RFE) and again on appeal, the Petitioner provided a version of the job 
duties with a typographical error. Specifically, one of the job duties were repeated twice, and increases the total amount 
of time spent on all the duties to 112%. 
2 
• Forecast risks that can affect the supply chain and seek an appropriate 
solution/alternatives (Appx. 8%); 
• Maintain database of logistics information and verify documentation completeness 
and accuracy prior to final processing (Appx. 10%); 
• Interface with customer service as required to develop a successful shipment plan 
and [ m ]onitor and communicate market and rate changes to customers (Appx. 2% ); 
• Confer with the management team to determine ways to optimize service levels, 
maintain supply-chain efficiency, or minimize cost, etc. (Appx. 3%); 
• Prepare statistical data for contract negotiations and [ c ]onfidently negotiate rates 
with suppliers and carriers to ensure maximum profitability and service level on 
every shipment (Appx. 8%) 
• Maintain and review USA and Korea commodity codes and tariffs and ensure that 
all data input is accurate in the company's system and [m]aintain awareness of 
customs compliance updates, company awareness on topical logistics issues, 
USA/Korea trading and sustainability (Appx. 10%); 
• Track product flow from origin to final delivery and Analyze and provide statistical 
information on the tracking of product shipments, returns, and inventory (Appx. 
10%) 
The Petitioner's April 2020 support letter states the position's required education is at least a 
bachelor's degree in "business, supply chain/logistics management or closely related major." 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we conclude that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
Specifically, the record (1) does not describe the 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. 5 In particular, we find that two separate factors independently bar 
approval of this petition: ( 1) 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)(l)-(4). 
A. Lack of a Requirement for a Bachelor's Degree in a Specific Specialty, or the Equivalent 
That the Petitioner would find acceptable a bachelor's degree in business, with no farther 
specialization, alone precludes a determination that the position involves a "body of highly specialized 
knowledge" or that it requires the attainment of a bachelor's degree in a "specific specialty." The First 
Circuit Court of Appeals explained in Royal Siam, 484 F .3d at 14 7, that: 
The courts and the agency consistently have stated that, although a general-purpose 
bachelor's degree, such as a business administration degree, may be a legitimate 
5 The Petitioner submitted documentation to suppmt the H-lB 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. 
3 
prerequisite for a particular position, requiring such a degree, without more, will not 
justify the granting of a petition for an H-1B specialty occupation visa. See, e.g., Tapis 
Int'! v. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000); Shanti, 36 F. Supp. 2d at 1164-
66; cf Matter of Michael Hertz Assocs., 19 I & &N Dec. 558, 560 ([Comm'r] 1988) 
(providing frequently cited analysis in connection with a conceptually similar 
provision). This is as it should be: elsewise, an employer could ensure the granting of 
a specialty occupation visa petition by the simple expedient of creating a generic ( and 
essentially artificial) degree requirement. 6 
For this reason alone, the record satisfies neither the statutory nor the regulatory definitions of the term 
"specialty occupation," and we could end our analysis here and dismiss the appeal on that basis. But 
we will not do so, because even if we were to set the issue of the "business" degree aside we would 
still dismiss the appeal because the evidence of record does not satisfy any of the four specialty­
occupation criteria. 
6 Id. But see India House, Inc. v. McAleenan, 449 F. Supp. 3d 4 (D.R.I. 2020). In India House the court distinguished 
Royal Siam on factual grounds but did not dispute its central reasoning: that a position whose duties can be fulfilled by an 
individual with a general-purpose bachelor's degree in business is not a specia lty occupation . Instead, it distinguished 
Royal Siam on factual grounds. Here , the Petitioner specifica lly recognizes an unspecialized bachelor's degree in business 
as being one of the degrees it considers as providing an adequate preparation to perform the duties of the proffered position. 
The agency has longstanding concerns regarding general-purpose bachelor's degrees in business administration with no 
additional specialization . For example, in Matter of Ling, 13 I. & N. Dec. 35 (Reg'! Comm 'r 1968), the agency stated that 
attainment of a bachelor's degree in business administratio n alone was insufficient to qualify a foreign national as a 
member of the professions pursuant to section 10l(a)(32) of the Act, 8 U.S.C. § l 10l(a)(32) . Twenty years later, the 
agency looked to the nature of the position itself and clarified that a requirement for a degree with a generalized title, such 
as business administration , without further specification, was insufficient to qualify a position as one that was professional 
pursuant to section 10l( a)(32) of the Act. Michael Hertz Assocs., 19 I&N Dec. at 560. See also Matter of Caron Int '!, 
Inc ., 19 I&N Dec. 791 (Comrn'r 1988) (vice president for manufacturing in a textile company was not a professional 
position becaus e individual holding general degree in business, engineering or science could perform its duties). 
Congress created the modem H-lB program as part of the Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978. 
In doing so, it pivoted away from the prior H-1 standard of whether a position was "professional." Instead, petitioners 
were now required to demonstrate that a proffered position qualified as a "specialty occupation." Section 
IO 1 (a)( l 5)(H)(i)(b) of the Act. In the final rule setting forth the requirements for the revamped H-1 B program, the agency, 
responding to commenters suggesting that the proposed regulatory "specific specialty" requirement "was too severe and 
would exclude certain occupations from classifications as specialty occupations ," stated that "[t] he definition of specialty 
occupation contained in the statute contains this requirement. " Temporary Alien Workers Seeking Classification Under 
the Immigration and Nationality Act, 56 Fed. Reg. 61111 , 611 I 2 (Dec. 2, 1991). 
The agency 's concerns regarding a general-purpose , non-specific bachelor's degree in business , or business administration, 
continued under the revamped H-lB program. See, e.g., Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151 (D. Minn. 1999); Royal 
Siam , 484 F.3d at 147; 2233 Paradise Road, LLC v. Cissna, No. 17- cv- 01018- APG- VCF, 2018 WL 3312967 (D. Nev., 
July 3, 20l8);XiaoTong Liu v. Baran, No. 18-00376-NS, 2018 WL 7348851 (C.D. Cal., Dec. 21 , 2018); Parzenn Partners 
v. Baran , No. 19-cv-11515-ADB, 2019 WL 6130678 (D. Mass., Nov . 19, 2019); Vision Builders , LLC v. USCIS, No. 19-
3159, 20 WL 5891546, at *4 (D.D.C., Oct. 5, 2020). 
To the extent the Petitioner is arguing that a bachelor 's degree in business, with no further specialization ( or the equivalent) , 
is a bachelor's degree in a specific specialty, then consistent with agency history and federal case law, we must disagree. 
4 
B. The Specialty-Occupation Criteria Enumerated at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l)-(4) 
1. First Criterion 
We tum first 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 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. 7 The Petitioner 
designated the proffered position on the labor condition application (LCA) 8 as a standard occupational 
classification (SOC) code 13-1081, "Logisticians" occupation. The Handbook's subchapter entitled 
"How to Become a Logistician" states, that "[a] bachelor's degree is typically required for most 
positions, although an associate's degree may be sufficient for some logisticianjobs." 9 The Handbook 
reports that the bachelor's degrees possessed by logisticians are in "business, systems engineering, or 
supply chain management." 10 Because the Handbook recognizes that the duties of positions located 
within this occupation may be performed by individuals with a range of degrees, including an 
associate's degree or a bachelor's degree in the general field of business, 11 it does not support a 
conclusion that the "Logisticians" occupation comprises an occupational group for which a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry into the particular position. Consequently, the Handbook does not support the 
claim that positions located within the "Logisticians" occupational category normally require at least 
a bachelor's degree in a specific specialty, or the equivalent. 
The Petitioner contends that the Handbook's usage of "typically" suggests that the "Logisticians" 
occupation normally requires a bachelor's degree in a specific specialty, or the equivalent, and is a 
specialty occupation. In this instance, the Handbook does not describe the normal minimum 
educational requirement for positions located within the "Logistician" occupational category in a 
categorical manner since it states that an associate's degree may also qualify an individual for entry 
into the position. Equally important, the Handbook indicates that when a bachelor's degree is in fact 
required, a bachelor's degree in business would suffice. The Petitioner states the position is so 
complex, professional, and unique that it would not be categorized under the Handbook's section that 
7 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 n01mally have a minimum, specialty 
degree requirement, or its equivalent, for entry. 
8 The Petitioner is required to submit a certified LCA to U.S. Citizenship and Immigration Services (USCIS) 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 2 l 2(n)(l) of the Act; 20 C.F.R. § 655.731 (a). 
9 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Logisticians, at 
https://www.bls.gov/ooh/business-and-financial/logisticians.htm#tab-4 (last visited Feb. 24, 2021 ). 
io Id. 
11 As previously discussed, we have consistently stated that, although a general-purpose bachelor's degree, such as a degree 
in business, may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will not justify 
a conclusion that the particular position qualifies for classification as a specialty occupation. Royal Siam Co1p., 484 F.3d 
at 147. See also Vision Builders, LLC, 20 WL 5891546, at *4. 
5 
acknowledges that some logistician jobs require only an associate's degree. However, the Petitioner 
has not sufficiently distinguished its particular position from those positions that require only an 
associate's degree, or an unspecified bachelor's degree in business. It has not established that a 
bachelor's degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into its particular position. We also note that although the Handbook's report is insufficient to 
establish that this occupation is a specialty occupation under the first criterion, it does not preclude the 
Petitioner from establishing its particular position is a specialty occupation with other authoritative 
sources or under one of the other regulatory criteria. 
The Petitioner has not provided sufficient documentation from a probative source to substantiate a 
claim that a bachelor's degree in a specific specialty is normally the minimum requirement for 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). 
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[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong contemplates 
common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 12 
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." 13 
The Petitioner has not established that its proffered position is one for which the Handbook ( or other 
independent, authoritative sources) reports an industry-wide requirement for at least a bachelor's 
degree in a specific specialty, or its equivalent. Thus, we incorporate by reference the previous 
discussion on the matter. 
The Petitioner provided several job postings for logistician positions to demonstrate a degree requirement 
is common within the industry. To be relevant for consideration under this prong, the descriptions on the 
job postings must describe positions that are parallel to the proffered position and the job postings must 
have been placed by organizations that (1) conduct business in the Petitioner's industry and (2) are also 
12 We will discuss the second prong of the second criterion in subsection 4, infra. 
13 See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting Hird/Blaker Co1p. v. Sava, 712 F. Supp. 
1095, 1102 (S.D.N.Y. 1989) ( considering these "factors" to inform the commonality of a degree requirement)). 
6 
"similar" to the Petitioner. Absent such evidence, job postings submitted by the Petitioner are generally 
outside the scope of consideration for this prong, which encompasses only organizations that are 
similar to the Petitioner. 
Although the Petitioner and the companies may perform some similar services, the companies do not 
appear similar to the Petitioner. In the Form 1-129, Petition for a Nonimmigrant Worker, and supporting 
documentation, the Petitioner stated that it is a distribution and logistical consulting service company 
established in 2013. The Petitioner designated its business operations under the North American Industry 
Classification System (NAICS) code 541614. This NAICS code is designated for "Process, Physical 
Distribution, and Logistics Consulting Services." 14 However, none of these companies in the job postings 
appear to be primarily focused on providing logistic services. Three of the companies appear to be food 
product companies with logistician positions, and not companies that primarily provide logistics 
services. Another company specializes in labeling. One of the companies is a "leading manufacturer 
of medical products," while another company is a women's clothing company. Thus none of these 
job postings appear to have been placed by similar organizations within the same industry. But even 
if we had determined that they were, we would still conclude that the Petitioner had not established 
that the nature of the positions advertised in the job postings are parallel to those of the proffered 
position. 
Our review of the job postings also confirms that these positions are different and are not "parallel" to 
the Petitioner's position. For example, the proffered position requires no experience; however two of 
the job postings require an experienced individual. Specifically, one job posting requires a minimum 
of three years of experience, and another posting requires at least five years of experience. Two of the 
postings include duties and/or requirements using SAP, which is not required by the Petitioner. 
Another posting includes additional supervisory responsibilities not found in the proffered position 
and requires the applicant to manage "employee performance" and "source, onboard, and develop 
direct reports and branch teams." As such, none of these job postings advertise a "parallel position" 
to the proffered position. 15 
These job postings, therefore, are not relevant for consideration under the first prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). But even ifwe were to set that foundational deficiency aside, we would still 
find them insufficient to satisfy this prong, as they do not demonstrate that a bachelor's degree - let 
alone one in a specific specialty, as is required- is necessary to enter the occupation. For example, in 
one posting, a candidate can qualify with equivalent work experience instead of a bachelor's degree. 
Another posting does not explicitly require a bachelor's degree, but only states that a bachelor's degree 
in supply chain or logistics is "preferred." These postings' degree requirements confirm the 
14 According to the 2017 NAICS definition, the Process, Physical Distribution, and Logistics Consulting Services is a 
"U.S. industry comprises establishments primarily engaged in providing operating advice and assistance to businesses and 
other organizations in: (1) manufacturing operations improvement; (2) productivity improvement; (3) production planning 
and control; (4) quality assurance and quality control; (5) inventory management; (6) distribution networks; (7) warehouse 
use, operations, and utilization; (8) transportation and shipment of goods and materials; and (9) materials management and 
handling." U.S. Dep't of Commerce, U.S Census Bureau, 2017 N ATCS Definition, 541614 - Process, Physical Distribution, 
and Logistics Consulting Services, on the Internet at http://www.census.gov/cgi-bin/sssd/naics/naicsrch (last visited Feb. 24, 
2021). 
15 If these are in fact parallel positions as claimed, we would have significant questions as to whether the proffered position 
corresponds to and supports the H-IB petition, as required. 
7 
Handbook's report that the industry appears to accept a variety of degrees and even no degrees to 
perform the occupation. 
Even if all of the job descriptions and requirements on 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 does not demonstrate what statistically valid 
inferences, if any, can be drawn from the job postings with regard to the common educational 
requirements for entry into parallel positions in similar organizations. 16 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. 17 For all these reasons, 
the job postings, therefore, do not satisfy the first prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
The Petitioner also provided a letter froml I a human resources and accounting manager of 
~---------~I an affiliate of the Petitioner. I I attests to an industry standard for 
hiring individuals in positions such as the one proffered here of "at least a bachelor's degree in Supply 
Chain Management, Business, or closely related field such as Logistics." However, the letter-writer 
does not provide any evidence or data to support this assertion. Also.I I states his company 
has hired a logistician with similar duties to the Petitioner's proffered position who has a bachelor's 
degree from a business school. The bachelor's degree from a business school suggests the individual's 
degree is a general business degree with no concentration, and thus, as previously discussed, a degree 
with no specific specialty. 18 In addition, one letter from an individual in the industry is insufficient to 
establish the industry as a whole "routinely employ and recruit only degreed individuals." 19 
Next, we turn to the opinion letter ofi I a professor atl I University, 
who wrote regarding the industry requirements for the Petitioner's particular position. The author 
states his professional experience and provides a PayScale website for "Bachelor of Science (BS / 
BSc), Supply Chain Management Degree" salaries 20 and contends that a bachelor's degree in supply 
chain management, business administration, and related fields21 is "an industry-standard requirement" 
for positions, such as the Petitioner's proffered position. However,.__ _____ __. does not offer a 
foundation for his conclusion that a bachelor's degree in supply chain management, business 
administration, and related fields is an industry standard requirement. As discussed above, the 
Handbook offers several paths to enter into this occupation, and! I does not discuss why 
educational requirements less than a bachelor's degree in a specific specialty would not provide the 
same or similar knowledge to perform this position. While I I may have anecdotal 
16 See generally Earl Babbie, The Practice of Social Research 186-228 (7th ed. 1995). 
17 See id, at 195-96 (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"). 
18 In other words,I I seems to confirm that this is not a specialty occupation. 
19 Shanti, Inc., 36 F. Supp. 2d 1151. 1165. 
20 PayScale, Bachelor's of Science (BS/ BSc), Supply Chain Management Degree Salary, at 
https://www.payscale.com/research/US/Degree=Bachelor _ of_ Science _(BS_ %2F _ BSc )%2C _Supply_ Chain_ Manageme 
nt/Salary (last visited on Feb. 24, 2021) 
21 Tnl ts letter, the educational requirements are stated as "no less than a Bachelor's degree in Supply Chain 
Management, Business Administration or a related field." These requirements slightly differ from the wording on the 
Petitioner's April 2020 educational requirements of at least a bachelor's degree in "business, supply chain/logistics 
management or closely related major." 
8 
information based on his experience as a professor and as a researcher in the industry, he does not 
indicate he has published, conducted research, or run surveys regarding the minimum education 
requirements for positions such as the position proffered here. He also does not discuss any relevant 
research, studies, or authoritative publications he utilized as part of his review and foundation for his 
opinion that this position requires a bachelor's degree or higher degree business, supply chain 
management, or related. Moreover, the PayScale website provides representative salary data for 
different positions holding a supply chain management degree, but it does not demonstrate an industry 
standard for the logistician occupation. 22 Finally,! I seems to confirm once again that 
a bachelor's degree in business, or business administration, with no further specialization, would 
~e adequate preparation to perform the duties of this position. For all these reasons,! I 
L__J has not demonstrated a degree requirement is an industry standard among parallel positions. 
As a matter of discretion, we may use opinion statements submitted by the Petitioner as advisory. 23 In 
accordance with Caron Int 'l, we hereby decline to assign these letters any significant evidentiary 
weight. 
The Petitioner has not provided sufficient probative 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. 
§ 2 l 4.2(h)( 4)(iii)(A)(2). 
3. Third Criterion 
The third criterion at 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 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. 24 
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. 25 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. 
On appeal, the Petitioner asserts they provided sufficient documentary evidence to show that the 
company normally requires a bachelor's degree or higher in a specific specialty, or its equivalent. 
Specifically, the Petitioner asserts they employ another individual in a similar position as the proffered 
position, and provides three job advertisements for this individual's position, the individual's 
graduation certificate, and pay records. However, the advertisements indicate this individual has a 
different job title, "Logistics Assistant Manager," than the proffered position. We also note the 
22 The PayScale survey is not limited to only logistician positions, but includes positions that appear to have higher 
responsibilities, such as supply chain managers, who have a higher salary.! I does not attempt to distinguish 
the different positions listed on the survey or to identity which positions are similar to the proffered position. 
23 Matter of Caron Int'/, Inc., 19 l&N Dec. 791, 795 (Comm'r 1988). 
24 Defensor v. Meissner, 201 F.3d 387-88(5th Cir. 2000). 
2s Id. 
9 
advertisements do not provide this position's job duties, and therefore, in aggregate, we cannot 
determine if this advertised position is the same as the proffered position. Moreover, the Logistics 
Assistant Manager advertisements have different educational requirements than the proffered position. 
These ads state that the Logistic Assistant Manager position should have a bachelor's in logistics, 
supply chain management or closely related. Thus, the advertisements are more limited than the 
Petitioner's academic requirements for the proffered position. That is, the Petitioner accepts a 
bachelor's degree in "business, supply chain/logistics management or closely related ( emphasis 
added)." As noted above, a position's requirement of a general business degree, without more, 
strongly suggests the position is not a specialty occupation. Also, this individual appears to be paid 
more than the proffered position's salary of $40,000 per year. 26 The variance in pay suggests the 
individual is working in a different position or at a different experience level than the proffered 
position. Taken all together, the documents and information are insufficient to establish that the 
individual was employed in the same position as the position proffered here. 
The record is insufficient to establish the Petitioner's normal requirements for the proffered position. 
Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
4. Second Prong of the Second Criterion and Fourth Criterion 
The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) 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. 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. 
First, the Petitioner has not demonstrated that the position or its duties can be performed only by an 
individual with at least a bachelor's degree in a specific specialty. In their appeal, the Petitioner argues 
that they provided enough explanation that the proffered position's duties are "specialized and 
complex" or "complex or unique" that it requires a bachelor's degree. Upon review of the proposed 
duties, we disagree. For example, the job duties include "[m]onitor inventory level and suggest 
inventory adjustments based on changes in demand, market trends, or supply variability"; and 
"[f]ormulate and revise the precise supply schedule for the materials and goods and ensure timely 
distribution." These duty descriptions are broad and provide little context for the position within the 
Petitioner's business operations. The Petitioner submitted job duties that were generic and routine. 
For instance, the Petitioner includes the following duties: 
• Maintain database of logistics information and verify documentation completeness and 
accuracy prior to final processing; and 
• Confer with the management team to determine ways to optimize service levels, 
maintain supply-chain efficiency, or minimize cost, etc. 
26 The Petitioner submitted four pay records that demonstrate the individual is paid $1875 bi-monthly: (1) March 16, 2020 
to March 31, 2021; (2) April 1, 2020 to April 15, 2020; (3) April 16, 2020 to April 30, 2020; and (4) May 1, 2020 to May 
15, 2020. If the individual is paid bi-monthly at $1875, the individual's salary would approximately be $45,000 per year. 
10 
These job duties closely resemble the general occupational duties provided in the O*NET Summary 
Report for "Logistics Analysts," SOC code 13-1081.02, 27 a derivative of the petition's assigned 
occupation "Logisticians," SOC Code 13-1081. However, providing generic job duties for a proffered 
position from O*NET or another internet source, is not sufficient to establish that the Beneficiary will 
be performing services in a specialty occupation. While this type of description may be appropriate 
when defining the range of duties that may be performed within an occupational category, without 
information describing the Beneficiary's specific tasks within the context of the Petitioner's business 
operations, it is not possible to ascertain the nature and level of responsibility of the proffered position. 
With their job duties, the Petitioner detailed the knowledge and skills required to perform the duties. 
For example, the Petitioner states the Beneficiary should know Department of Transportation (DOT) 
and Occupational Safety and Health Administration standards, understand various shipping 
equipment, and know all modes of domestic and international travel. However, even with these 
details, these statements do not sufficiently develop whether the position itself requires at least a 
bachelor's degree in a specific specialty, or its equivalent, but rather suggests that the Beneficiary only 
needs certain knowledge or skills to perform the tasks. In other words, the Petitioner did not submit 
information 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 duties it claims are so "specialized and complex" 
or "complex or unique." While knowledge and skills may be beneficial in performing certain duties 
of the position, the Petitioner has not demonstrated how an established curriculum of 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. Further, the Petitioner did not sufficiently discuss or identify any 
tasks that are so "specialized and complex" or "complex or unique" that only a specifically degreed 
individual could perform them. 
We now tum to the position evaluation provided by.__ _____ __, In his letter,,~I ______ _. 
(1) describes the credentials that he asserts qualify him to opine upon the nature of the proffered 
position; (2) states his familiarity with the industry; and (3) states the position is unique and can only 
be done by an individual with a bachelor's degree in supply chain management, business 
administration, or a related field. Specifically, the professor argues the position's job duties 
correspond to the knowledge in the APICS 28 Operations Management Body of Knowledge 
(OMBOK). 29 In the professor's opinion, the proffered position requires a bachelor's degree in a 
specific specialty, in part, because the OMBOK documents the knowledge "typical of [b ]achelor-level 
study of [ s ]upply [ c ]hain [ m ]anagement, [b ]usiness [ a ]dministration and related." 
However,.__ _____ _.'s assertions are not persuasive. Neither! f nor the OMBOK 
appear to distinguish between the different occupations within operations management, such as the 
individuals who perform basic logistical tasks and someone who manages a supply chain. The range 
of salaries, according to Foreign Labor Certification (FLC) Data Center Online Wage Library (OWL), 
indicates there is a significant difference in the duties, level of responsibility, and the corresponding 
27 O*NET OnLine Summary Report for "13-1081.02 - Logistics Analysts," https://www.onetonline.org/link/summary/l 3-
l 081.02 (last visited Feb. 24, 2021 ). 
28 APTCS stands for "American Production and Inventory Control Society." See 
http://www.apics.orJ/about/overview/history (last visited on Feb. 24, 2021). 
29 I _ provides a hyperlink to Third Edition of the OMBOK: http://www.apics.org/docs/default-
source/industry-content/ apics-ombok- framework.pdf 
11 
entry-level wage. 30 On review, the OMBOK's purpose is not to provide the educational requirements 
to enter a logistician position, or even a supply chain management position, but "provides an outline 
of the areas of knowledge required to manage the processes for producing and delivery of common 
products and services." 31 OMBOK's outline does not discuss the method(s) to obtain the knowledge. 
Also, OMBOK does not indicate that a bachelor's degree in a specific specialty is necessary to obtain 
the knowledge for the particular position or for a logistician or operations management position. The 
professor's reliance on this document is not persuasive as it does not support a conclusion that the 
Petitioner's particular position is so complex or unique that only a specifically degreed individual 
could perform them or that the duties are specialized and complex such that the duties are usually 
associated with a bachelor's degree in a specific specialty. 
Moreover, the professor opines that the duties of the Petitioner's position are so complex and unique that 
they require a candidate with advanced understanding of highly specialized knowledge shared by supply 
chain management, business administration, and related fields; I I concludes that "[t]his 
knowledge can be imparted only by [b]achelor-level education in programs specializing in these fields." 
However, he does not discuss other methods that also could lead to a sufficiently similar knowledge set, 
for example, the amount of required training or experience to gain this knowledge, alternate degrees, or 
certificates that would be acceptable. For example, the OMBOK provides evidence that several APICS 
certifications, such as a Certified Supply Chain Professional (CSCP), are available.32. The standards for 
obtaining the certificates do not appear to require a bachelor's degree in a particular specialty, but rather 
to pass knowledr exams. 33 Again, the method of obtaining the knowledge is not developed. Further, 
I refers to "unique skillsets necessary to perform the Global Logistician' s specialized 
tasks" but does not offer an analysis, as opposed to conclusory statements, identifying which tasks are 
specialized and require unique skillsets. As such, the opinion letter does not provide a sufficient basis 
to establish that the duties described are "complex or unique" or "specialized and complex" such that 
the position requires a bachelor's degree in a specific specialty. 
Finally, we tum to the LCA. As noted, neither the Handbook nor the other evidence of record indicates 
that a bachelor's degree in a specific specialty, or the equivalent, is required. The Petitioner designated 
30According to the FLC Data Center OWL for Apr. 9, 2020 (the date the LCA was certified) in the area of employment 
Supply Chain Managers, SOC 11-9199.04. wage level I is $74,006 per year compared to the prevailing wage of $30,243 
per year assigned to the Petitioner's proffered position's occupation Logisticians, SOC 13-1081, wage level I. See FLC 
Data Center OWL, https://www.flcdatacenter.com/OesQuickResults.aspx?code=l l-
9199&area~&year=20&source=1 (last visited on Feb. 24, 2021). 
31 OMBOK, Third Edition, Chapter I - Introduction, at http://www.apics.org/docs/default-source/industry-content/apics­
ombok-framework.pdf (last visited on Feb. 24, 2021) 
32 Id. 
33 According Association for Supply Chain Management (ASCM), the successor organization to APTCS and who now 
administers the APTCS tests, the APTCS certifications do not appear to require a bachelor's degree to take certification 
exams. The CSCP certification allows an individual to qualify for the exam with a bachelor's degree; however the 
individual can qualify in other ways, such as having three years of experience. See Association for Supply Chain 
Management, Certifications and Credentials FAQs, at https://www.ascm.org/leaming-development/certifications­
credentials/faqs/ (last visited on Feb.24.2021) 
12 
the proffered position as requiring Level I wage. 34 The Level I designation when read in combination 
with the evidence presented indicates that this particular position is likely not so "complex or unique" 
or "specialized and complex" compared to other positions located within this occupational category 
(which, again, do not necessarily require a bachelor's degree in a specific specialty, or the equivalent) 
that the duties could only be performed by an individual with a bachelor's degree or higher in a specific 
specialty, or its equivalent. The designated wage level does not demonstrate that the duties of the 
proffered position are "complex or unique" or "specialized and complex" as compared to logisticians 
positions that are not required to possess at least bachelor's degree in a specific specialty, or the 
equivalent. The record lacks sufficiently detailed and unambiguous information to distinguish the 
proffered position as more "complex or unique" or "specialized and complex" than other closely­
related positions that can be performed by persons without at least a bachelor's degree in a specific 
specialty, or its equivalent. Accordingly, the Petitioner has not satisfied the second alternative prong 
of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) or 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. Moreover, the record 
does not establish that the Petitioner satisfied the statutory and regulatory definitions of specialty 
occupation. 
IV. CONCLUSION 
As set forth above, we conclude that the evidence of record does not establish, more likely than not, 
that the proffered position qualifies for classification as a specialty occupation. Accordingly, 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. 
34 See Prevailing Wage Determination Policy Guidance, supra. It does not appear that, relative to other positions located 
within the occupational category, this is one with specialized and complex, or unique duties, as such a higher-level position 
would be classified as a Level TIT or Level TV position, requiring a significantly higher prevailing wage. While certainly 
not dispositive, a salary that is beneath the median wage for the occupational category in the area of intended employment 
(which is the case with a Level I wage) suggests that the position is not particularly specialized, complex, or unique relative 
to other positions within the occupational category. 
13