dismissed H-1B Case: Logistics

MATTER OF M-H- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 2, 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a developer, wholesaler, and retailer of toys and games, seeks to temporarily employ 
the Beneficiary as a "logistician" under the H -1 B 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-lB 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 the Petitioner 
did not establish that the proffered position qualifies as a specialty occupation. 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred in denying 
the petition. 
Upon de novo 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: 
Matter of M-H- LLC 
(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). 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. Chert off, 484 F .3d 13 9, 14 7 (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 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as a "logistician." In its 
appeal, the Petitioner submits the following duties for the position, which are materially consistent 
with that provided in response to the Director's request for evidence(RFE): 
Coordination 
• Coordination of international toy and game production from beginning to end, 
including working closely with product designers and overseas vendors to outline 
project specifications, manage schedules, request and track components, and 
deliver final product. Provide assistance to the internal marketing and store teams 
regarding sample and promotions needs for new products. 11.0% 
• Manage upfront development and production needs for various marketing 
channels. Responsibilities include identifying optimum case pack and inner 
sleeve configuration by balancing production costs, freight expenses and 
marketing channel requirements. 3.0% · 
• Assist marketing and merchandising teams to build sales forecasts and establish 
safety stock requirements through statistical analyses of key market and an 
understanding of manufacturing and shipping lead times. Address economic 
order quantities internally and with vendors to balance needs. 5.0% 
2 
Matter of M-H- LLC 
• Consult with 3rd party testing agency during the development stages to ensure 
component compliance by product. Apply statistical techniques to ensure 
adequate and cost-effective sampling programs. 7.0% 
• Manage project schedules using collaborative web based project management 
tools. 6.0% 
• Understand the channel requirements and develop processes for creating 
marketing assets for new products entering market. For example, set up a system 
for handling domestic and international wholesale product image requirements. 
4.0% 
• Coordinate the production of international distributors, including safety 
compliance, consolidated orders, localizing instructions and/or packaging, and 
distribution. 3.0% 
• Manage ERP systems set-up and ensure date integrity for each product as it is 
introduced. 4.0% 
• Recommend and confirm order quantities and channel distribution. 2.0% 
Vendor Relations 
• Negotiate terms, update vendor information in company database, communicate 
daily through email or skype, review and resolve disputes, serve as key contact 
within the company. 5.0% 
• Identify manufacturing partners in China that meet quality, safety and social 
standards in line with our company policies. 4.0% 
• Negotiate pricing 'with an understanding of global exchange rates and current 
market trends. 3.0% 
• Solicit vendor input on production and design by educating each vendor regarding 
the product features and consumer use. 4.0% 
• Discusslong term forecasts and plans to maximize trade relationships. 4.0% 
Product Safety 
• Manage the product safety testing process directly with third party vendors. This 
includes specifying test requirements, requesting and approving quotes, logging 
and managing reports, creating and tracking the budget. 3.0% 
• Understand safety requirements for all products and work with 3rd party safety 
company to continue to build knowledge. 2.0% 
• Utilize statistical techniques to define testing procedures and requirements. 3.0% 
• Create naming convention and filing system for easy access for all departments. 
1.0% 
• Create and track annual budget. 1.0% 
Managing Administration 
• Issue purchase orders, track invoices, manage shipments, and ensure correct and 
accurate payments. Update product information in company database. Assist in 
developing or revising standard departmental procedures and practices. 3.0% 
3 
Matter of M-H- LLC 
• Provide assistance placing international purchase orders and tracking international 
invoices. 0.5% 
• Provide weekly order updates to department management. 1.0% 
• Interface with accounting and finance teams to ensure proper accounting 
treatment of expenditures, billing and receipts. 2.0% 
• Function as contact for international vendors regarding open orders and payments. 
0.5% 
Logistics 
• Work with local and overseas shipping agents to coordinate LCL and FCL 
shipments. Review and analyze weekly reports and provide delivery direction 
with the guidance of the inventory team. 3.0% 
• Review and approve international shipping orders. 0.5% 
• Update database and communicate changes to shipping schedule. 1.0% 
• Organize freight estimate and assist with the budgeting. 0.5% 
Quality Control 
• Help to establish internal quality control processes, communicate problems with 
the factories, log complaints, follow-up on improvements. 2.0% 
• Review QC procedures with factories. 1.0% 
• Inspect incoming products. 1.0% 
• Communicate and track product revisions. 1.0% 
Sourcing 
• Contact potential vendors to request samples and pricing. Develop a network of 
factories in China that will supply [the Petitioner] with various OEM products. 
2.0% 
• Supporting other departments that need products purchased from China, including 
marketing, promotional and packaging items. 0.5% 
• Reach out to new vendors to find new products to meet the needs of our growing 
marketing channels. 0.5% 
Translations 
• Assist with the translations of the product packaging and instructions. Work with 
outside translators, graphic designers, as well as the internal web team. 2.0% 
• Collaborate with international distributors to have the instructions and packaging 
translated into the area of distribution. 0.5% 
• Specify all requirements to the manufacture. 0.5% 
• Participate in [Petitioner] Workshop activities for example play testing and 
corporate training. Attend tradeshows or industry events as needed. 2.0% 
According to the Petitioner, the position requires a bachelor's degree in international business, 
international economics, or a related field. 
4 
Matter of M-H- LLC 
III. ANALYSIS 
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 qualifies as a specialty occupation. 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a speciqlty occupation. 1 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), 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? 
On the labor condition application (LCA)3 submitted in support of the H-IB petition, the Petitioner 
designated the proffered position under the occupational category "Logisticians" corresponding to the 
Standard Occupational Classification code 13-1081.4 The Handbook subchapter entitled "How to 
Become a Logistician" states, in pertinent part: "Logisticians may qualify for some positions with 
an associate's degree. However, as logistics becomes increasingly complex, more companies prefer 
to hire workers who have at least a bachelor's degree." U.S. Dep't of Labor, Bureau of Labor 
1 The Petitioner submitted documentation in support of 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 reviewed and 
considered each one. 
2 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, 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 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 normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
3 The Petitioner is required to submit a certified LCA to USC IS to demonstrate that it will pay an H-1 B worker the 
higher of either the prevailing wage for the occupational classification in the "area of employment" or the actual wage 
paid by the employer to other employees with similar experience and qual,ifications who are performing the same 
services. See Matter ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 2015). 
4 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that 
the Beneficiary will be expected to perform routine tasks that require limited, if any, exercise of judgment; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://tlcdatacenter.com/download/NPWHC _Guidance_ Revised _I I_ 2009.pdf A prevailing wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. !d. 
5 
Matter of M-H- LLC 
Statistics, Occupational Outlook Handbook, 2016-17 ed., "Logisticians," 
http://www.bls.gov/ooh/business-and-financial!logisticians.htm#tab-4 (last visited Jan, 26, 2017). 
The Handbook also states: "Many logisticians have a bachelor's degree in business, systems 
engineering, or supply chain management." Id. 
The Handbook indicates that logistician positions do not require a minimum of a bachelor's degree 
in a specific specialty, or its equivalent, for entry, as it indicates that an associate's degree may 
suffice for some positions. Further, as to those logistician positions that may require a bachelor's 
degree, the Handbook indicates that an otherwise undifferentiated bachelor's degree in business 
administration may suffice. 
In its appeal, the Petitioner asserts that the Handbook establishes that logistician positions require a 
minimum of a bachelor's degree in business. However, a degree with a generalized title, such as 
business or business administration, without further specification, is not a degree in a specific 
specialty. Cf Matter of Michael Hertz ~ssocs., 19 I&N Dec. 558 (Comm'r 1988). As such, an 
educational requirement that may be satisfied by an otherwise undifferentiated bachelor's degree in 
business administration is not a requirement of a minimum of a bachelor's degree in a specific 
specialty, or its equivalent. 
In addition, the Petitioner also cites the Occupational Information Network (O*NET) Summary 
Report for the "Logisticians" occupational classification (a copy of which the Petitioner submitted). 
In particular, the Petitioner highlights that logisticians are categorized Job Zone 4 and that 75% of 
logisticians hold a bachelor's degree. However, this information in O*NET also does not establish 
that the proffered position satisfies the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). Specifically, a 
designation of Job Zone 4, which indicates that a position requires considerable preparation, does not 
demonstrate that a bachelor's degree in any specific specialty is required. 5 In addition, the statistical 
information makes no mention of the specific field of study from which the degrees possessed by the 
respondents come. In other words, although O*NET indicates that most (but not all) of respondents 
possess at least a bachelor's degree, it does not indicate whether these bachelor's degrees come from 
a specific specialty, and if so, which specific specialty. 
The Petitioner states that O*NET, and the Handbook, support a conclusion that the proffered 
position requires a degree in international business, international economics, or a related field. 
However, neither the Handbook nor O*NET make reference to a degree in international business or 
international economics being required. 
In its appeal, the Petitioner contends that the Director improperly applied case law in dismissing the 
petition. We do not find this assertion persuasive. Indeed, we find that some of cases cited by the 
Petitioner as misapplied are directly applicable here. For instance, the Petitioner contends that the 
Handbook reflects that the minimum of a bachelor's degree in business is required for the position. 
However, two of the cases cited by the Petitioner state that a general degree in business 
5 For an explanation of Job Zones, see http://www.onetonline.org/help/online/zones. 
6 
, Matter of M-H- LLC 
administration alone is insufficient to qualify the Beneficiary to perform the services of a specialty 
occupation, unless the academic courses pursued and knowledge gained is a realistic prerequisite to 
a particular occupation in the field. See Matter of Ling, 13 I&N Dec. 35 (Reg'l Comm'r 1968) 
(finding that '"Business administration' is a broad field, a field which contains various occupations 
and/or professions, all of which are related to the world of business but each requiring a different 
academic preparation and experience peculiar to its needs"); see also Matter of Michael Hertz 
Assocs., 19 I&N Dec. at 558. 
The Petitioner has not provided sufficient documentation from a probative source to substantiate its 
assertion regarding 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). 
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 
casts its gaze upon 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. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: 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)(quotingHird/BlakerCorp. v. Sava, 712F. Supp.1095, 1102(S.D.N.Y.1989)). 
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. Also, there are no submissions from 
the industry's professional· association indicating that it has made a degree a minimum entry 
requirement. 
In support of this criterion, the Petitioner submitted copies of job announcements placed by other 
employers. However, upon review of the documents, we find that the Petitioner's reliance on the job 
Matter of M-H- LLC 
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 200-person retailer of games 
· and toys, whereas the advertising organizations include a company that manufactures agricultural, 
construction, and forestry machinery, diesel engines, drivetrains, and lawn care equipment. 
Furthermore, one of the postings appears to be for a staffing agency and provides little information 
regarding the hiring employer. In addition, another posting indicates "Confidential Manufacturing" 
for which no information regarding the employer is provided. The Petitioner did not supplement the 
record of proceedings to establish that these advertising organizations are similar. 
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, 
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 sufficient for the Petitioner to claim that 
an organization is similar and in the same industiy 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. The Petitioner has 
not sufficiently established that the primary duties and responsibilities of the advertised positions are 
parallel to the proffered position. 
In addition, some ofthe postings do not indicate that a bachelor's degree in a directly related specific 
specialty (or its equivalent) is required.6 The job postings suggest, at best, that a bachelor's degree is 
sometimes required for logistician positions, but not a bachelor's degree in a specific specialty (or its 
equivalent). 7 
6 
As discussed, the degree requirement set by the statutory and regulatory framework of the H-1 B program is not just a 
bachelor's or higher degree, but a bachelor's degree in a specific specialty that is directly related to the duties of the 
position. See section 214(i)( I )(b) of the Act and 8 C.F.R. § 214.2(h)( 4)(ii). Further, although a general-purpose 
bachelor's degree, such as a degree in business or business administration, may be a legitimate prerequisite for a 
particular position, requiring such a degree, without more, will not justify a finding that a particular position qualifies for 
classification as a specialty occupation. Royal Siam Corp. v. Cherto[f, 484 F.3d at 147. 
7 
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 advertisements with regard to 
determining the common educational requirements for entry. into parallel positions in similar organizations. See 
generally Earl Babbie, The Practice of Social Research 186-228 ( 1995). Moreover, given that there is no indication that 
the advertisements were randomly selected, the validity of any such inferences could not be accurately determined even 
if the sampling unit were sufficiently large. See id. at 195-196 (explaining that "[r]andom selection is the key to [the] 
process [of probability sampling]" and that "random selection offers access to the body of probability theory, which 
provides the basis for estimates of population parameters and estimates of error"). 
8 
Matter of M-H- LLC 
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. 8 That is, not every deficit of every job posting has been addressed. 
In addition, the Petitioner provided two letters from executives within the toy and children's gaming 
manufacturing industry. Upon review, we find that the letters state that a general bachelor's degree 
is required for the logistician positions. They do not state that a bachelor's degree in a specific 
specialty, or its equivalent, is required for their logisticians. For instance, a letter from the president 
of the Petitioner's competitor states that "our Logisticians at minimum hold a bachelor's degree," 
while another letter from a toy and gaming company indicates that "it is the toy industry standard to 
require at least a Bachelor's degree for the position of Logistician." Therefore, the letters do not 
establish that the organizations require at least a bachelor's degree in a specific specialty, or its 
equivalent. 
Without more, the Petitioner has not provided sufficient evidence to establish that a bachelor's 
degree in a specific specialty, or its equivalent, is common to the industry in parallel positions 
among similar organizations. Thus, the Petitioner has not satisfied the first alternative prong of 8 
C.F.R. § 214.2(h)(4)(iii)(A)(2). 
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 its appeal, the Petitioner asserts that the proffered position involves several complex and unique 
duties including the implementation of "modern, cutting-edge technology," the use of "advanced 
statistical tools and database management," providing advice on improving processes and increasing 
logistical efficiency, identifying "cost-effective manpfacturing and distribution solutions," and 
managing off-shore resources. The Petitioner asserts that the position requires knowledge of 
"logistical technologies, systems, and processes" and "product design and safety," and the ability "to 
gain the trust of clients and vendors through demonstrated knowledge and ability." The Petitioner 
indicates that a bachelor's degree is required to resolve "issues with suppliers while identifying the 
causes of an issue to ensure that such problems are not recurrent." 
Upon review of the Petitioner's assertions, we do not doubt that some, or all, of the knowledge and 
listed skills are required. However, the Petitioner does not explain in detail how the duties of the 
proffered position are unique and complex when compared to other similarly placed logist~cians. 
8 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. 
9 
(b)(6)
Matter of M-H- LLC 
For instance, the Petitioner mentions "cuttin'g edge technology," "advanced statistical tools and 
database management," and "logistical technologies, systems, and processes ," but provides neither 
specific examples of the technology, statistical tools, databases, systems, or processes involved, nor 
how they differ from those encountered by others placed in similar positions in the industry. 
Further, the Petitioner designated the proffered position as an entry-level position within the 
occupational category (by selecting a Level I wage). This designation , when read in combination 
with the Petitioner 's job descriptions and the Handbook 's account of the requirements for this 
occupation, further suggests that the particular position is not so complex or unique that the duties 
can only be performed by an individual with bachelor's degree or higher in a specific specialty, or its 
"- equivalent. 
In support of its assertion that the Beneficiary's duties are complex and unique, the Petitioner also 
points to an expert opinion provided on appeal from a professor of business management from 
The professor opines that the position is an 
'~ advanced professional-level position in logistics systems engin€ering and operations" and that it 
requires "at least a bachelor's degree in Logistics Management , International Business, or a related 
discipline." First, USCIS may, in its discretion , use 
as advisory opinions statements submitted as 
expert testimony. Matter ofCaron Int'l, 19 I&N Dec. 791, 795 (Comm'r. 1988). However, USCIS 
is ultimately responsible for making the final determination regarding a foreign national's eligibility. 
The submission of letters from experts supporting the petition is not presumptive evidence of 
eligibility. Id. USCIS may even give less weight to an opinion that is not corroborated or is in any 
way questionable . Id. 
Regardless , upon review of the referenced opinion , we find that the opinion does not state why the 
Beneficiary ' s duties are more complex or unique than those of similarly placed logisticians. Indeed, 
the opinion appears to merely reiterate the duties of the position and the conclusions of the Petitioner 
without offering further insight as to what specifically makes the position complex or unique. In 
addition, the conclusion that the position is "advanced" in the opinion does not match with the 
Petitioner's designation of the position as a Level I (entry-level) wage on the LCA. Likewise, the 
Petitioner states that the position is "clearly not a lower level logistician " position. However , if this 
· is the case, it is not clear why the Petitioner would have designated the position as a Level I (entry­
. level) position. 
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 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. Tne 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 .P.R. 
§ 214.2(h)( 4).(iii)(A)(2). 
10 
Matter ofM-H- LLC 
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. 
On appeal, the Petitioner submits its job posting for the position of inventory analyst and copies of 
resumes of two of its inventory analysts. The Petitioner asserts that the position of inventory analyst 
is similar to the logistician position. 
Upon review, we find that the documentation does not demonstrate that the inventory analyst 
position is similar to the proffered position. For instance, the job posting does not state that the 
inventory analyst will work closely with product designers, consult with testing agencies, and 
negotiate pricing with vendors as indicated in the Petitioner's job description for the logistician 
position. Thus,. the documentation does not appear to be relevant to the instant matter. 
Without more, the Petitioner has not provided sufficient evidence to establish that it normally 
requires at least a bachelor's degree in a specific specialty, or its equivalent, for the proffered 
position. Therefore, it has not satisfied the third criterion of8 C.F.R. § 214.2(h)(4)(iii)(A). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petiti~ner 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 its appeal, the Petitioner provides a lengthy list of the courses completed by the Beneficiary when 
completing the equivalent of a bachelor's degree in international business and explains how these are 
essential to the proffered position, including courses in law of economy, principles of accounting, 
finance, banking, international trade theories, international economics theory, models of economic 
development, principles of management, international business communication, amongst others. We 
do not doubt that these courses would likely assist the Beneficiary in the performance of her duties. 
However, what is not explained or document~d is how the duties of the proffered position are more 
specialized or complex when compared to other logisticians in the industry. 
As such, we incorporate our earlier discussion and analysis regarding the duties of the proffered 
position, and the designation of the position in the LCA as a Level I position (the lowest of four 
assignable wage-levels) relative to others within the same occupational category.9 The Petitioner has 
9 
The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is 
particularly complex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a 
Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or 
II 
Matter of M-H- LLC 
not demonstrated in the record that its proffered position is one with duties sufficiently specialized 
and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied any 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. The burden is on the 
Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361. Here, that burden has not been met. 
The appeal is dismissed. 
Cite as Matter of M-H- LLC, ID# 286102 (AAO Feb. 2, 20 17) 
lawyers), a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty, or 
its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies 
as 'a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specific specialty, or its equivalent. That is, a position's wage-level designation may be a relevant factor but is not 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)( I) of the Act. 
12