dismissed H-1B Case: Logistics Services

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-L-E-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC.20,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an international courier and logistics service company, seeks to temporarily employ 
the Beneficiary on a part-time basis as an administrative services coordinator 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. § 110l(a)(l5)(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. 
The matter is now before us on appeal. In its appeaL the Petitioner 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 ofT-L-E-. Inc. 
(1) 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 lis J 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. ''· Chert(df; 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 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as an ""administrative 
services coordinator.'' In response to the Director's request for evidence (RFE), the Petitioner 
provided the following job duties for the proffered position: 
• Utilize the highly specialized knowledge of Leadership & Management and 
Organizational Development to plan, coordinate. and direct administrative 
services that allow the Warehouse Department, a core department of our 
company, to operate et1iciently, such as records and information management 
mail distribution, facility planning and maintenance. and other otlice support 
services; time spent: 15% 
• Prepare and review operational reports and schedules to ensure accuracy and 
etliciency; time spent: 1 0% 
• Set goals and deadlines for the department: time spent: I 0% 
• Plan, administer, and control budgets for contracts, equipment, and supplies: time 
spent: 10% 
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Matter qf T-L-E-, Inc. 
• Analyze internal processes and recommend and implement procedural or policy 
changes to improve operations. such as supply changes or the disposal of records; 
time spent: 1 0% 
• Monitor the warehouse to ensure that it remams safe. secure. and 
well-maintained; time spent: 5% 
• Oversee the maintenance and repair of machinery. equipment and electrical and 
mechanical systems; time spent: 5% 
• Oversee construction and renovation projects to improve efficiency and to ensure 
that the facilities meet environmentaL health. and security standards. and comply 
with government regulations: time spent: 15% 
• Design, evaluate, recommend. and approve changes of forms and reports: time 
spent: 10% 
• Prepare manuals and train workers in use of new forms. reports. procedures. or 
equipment, according to organizational policy: time spent: 10% 
In its initial letter of support, the Petitioner stated that the minimum entry requirement for the 
proffered position is at least a bachelor"s degree in management or organizational development or a 
related field. 
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 qualities as a specialty occupation.' 
Specifically. the record does not establish that the job duties require an educational background. or 
its equivalent, commensurate with a specialty occupation. 2 
A. First Criterion 
We turn 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 recognize the U.S. Depm1ment ofLabor"s 
1 
Although some aspects of the regulatory criteria may overlap. we will address each of the criteria individually. 
2 The Petitioner submitted documentation to support the H-1 B petition. including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted. we have reviewed and 
considered each one. 
Matter ol T-L-E-. Inc. 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements ofthe wide variety of occupations that it addresses.3 
On the labor condition application (LCAf~ submitted in support of the H-1 B petition. the Petitioner 
designated the protTered position under the occupational category ''Administrative Services 
Managers" corresponding to the Standard Occupational Classification code 11-3011 .'' 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
Educational requirements vary by the type of organization and the work performed. 
Administrative services managers must have related work experience. 
Education 
A bachelor's degree is typically required for someone to become an administrative 
services manager. However, some jobseekers may be able to enter the occupation 
with a high school diploma. Those with a bachelor's degree typically study business. 
engineering, facility management, or information management. 
Licenses, Certifications, and Registrations 
The International Facility Management Association offers a competency-based 
professional certification program for administrative services managers. Completing 
this program may give prospective job candidates an advantage. The program has 
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 USC IS regularly reviews the Handhook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the tirst 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. 
4 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 qualifications who are performing the same 
services. See Matter ofSimeio Solutions. LLC, 26 I&N Dec. 542, 545-546 (AAO 20 15). 
5 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 she 
will be closely supervised and her work closely monitored and reviewed for accuracy: and (3) that she will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin .. Prf:'\'(/i/ing 
Wage Determination Po/iq· Guidance:', Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://tlcdatacenter.com/download/NPWHC _ GuidanceRevised _II_ 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. 
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Matter (?f T-L-E-, Inc. 
two levels: the Facilities Management Professional (FMP) ceiiification and the 
Certified Facility Manager (CFM) certification. People entering the profession can 
get the FMP as a steppingstone to the CFM. For the CFM, applicants must meet 
certain educational and experience requirements. The CFM must be renewed every 3 
years by completing continuing education and professional development 
requirements. 
For records and information managers. the Institute of Certified Records Managers 
otTers the Certified Records Manager (CRM) certification. For those specializing in 
information governance, ARMA International offers the Information Governance 
Professional (IGP) certification. 
Work Experience 
Administrative services managers must have related work expenence reflecting 
managerial and leadership abilities. For example, contract administrators need 
experience in purchasing and sales. as well as knowledge of the variety of supplies. 
machinery, and equipment that their organization uses. Managers who are concerned 
with supply, inventory, and distribution should be experienced in recelVIng. 
warehousing, packaging, shipping, transportation. and related operations. 
Advancement 
. . . . Advancement is easier in large organizations that employ several levels and 
types of administrative services managers. 
A master's degree in business administration or a related field can enhance a 
manager's opportunities to advance to a higher level position. such as director of 
administrative services. Some experienced managers may join or establish a 
management consulting firm to provide administrative management services to other 
organizations on a contract basis. 
U.S. Dep't of Labor, Bureau of Labor Statistics. Occupational Outlook Handbook. 2016-17 ed., 
Administrative Services Managers, available at 
https://www.bls.gov/ooh/management/administrative-services-managers.htm#tab-4 (last visited 
Dec. 15, 20 16). 
The Handbook reports that a bachelor's degree is typically required, but sometimes a high school 
diploma is sufficient to perform the duties of the proffered position. As such, the Handbook does 
not indicate that the proffered position is one for which normally the minimum requirement for entry 
is a baccalaureate degree (or higher) in a specific specialty. or its equivalent. 
Further, the Handbook reports that administrative services managers may have degrees and 
backgrounds in a wide-variety of disparate fields. That is, the Handbook states that employees 
typically have a bachelor's degree in business, engineering, facility management, or information 
Matter o(T-L-E-. Inc. 
management. Therefore. although the Handbook indicates that administrative services managers 
typically need a bachelor"s degree. it also indicates that degrees and backgrounds in various fields 
are acceptable for jobs in this occupation- including business. engineering. facility management. or 
information management. 
However, a minimum entry requirement of a degree in disparate fields. such as engineering and 
information management would not meet the statutory requirement that the degree be ""in the 
specific specialty (or its equivalent):· unless the petitioner establishes how each field is directly 
related to the duties and responsibilities of the particular position such that the required body of 
highly specialized knowledge is essentially an amalgamation of these different specialties. Section 
214(i)( 1 )(B) of the Act (emphasis added). 
The Handbook also states that a bachelor's degree in ··business" is acceptable for this position. 
While 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 finding 
that a particular position qualities for classification as a specialty occupation. S'ee Royal Siam ( 'orp. 
v. Cherto{f; 484 F.3d at 147. 
That is, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree 
in a specific specialty (or its equivalent) that is directly related to the proposed position. Since there 
must be a close correlation between the required specialized studies and the position. the 
requirement of a degree with a generalized title, such as business. without further specification, does 
not establish the position as a specialty occupation. Cf. Maller of Afichael Her/::: Assocs .. 19 I&N 
Dec. 558 (Comm'r 1988). Therefore, the Ham/hook's recognition that a general. non-specialty 
'·background'' in business is sufficient for entry into the occupation strongly suggests that a 
bachelor's degree in a .~pecific .\pecialty is not normally the minimum entry requirement for this 
occupation. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency in either facilities management or records and 
information management. It continues by outlining the requirements for administrative services 
managers to achieve the Facilities Management Professional (FMP) certification. the Certified 
Facility Manager (CFM) certification, the Certified Records Manager (CRM) certification, and the 
Information Governance Professional (IGP) certification. and states that candidates qualify based 
upon their experience and knowledge. According to the Handhook. the credentials arc granted by 
the International Facility Management Association (IFMA). the Institute of Cetiified Records 
Managers (ICRM). or ARMA InternationaL respectively. 
We reviewed the International Facility Management Association's (IFMA) website. which specifies 
that there are no specific educational or experiential prerequisites required for the FMP certification, 
and that the CFM certification requires anywhere from ""some post-secondary education" and 5-8 
years of facility management experience (depending on whether the candidate has acquired the FM P 
certification), to a facility management master's degree or bachelor's degree and 3 years of facility 
Matter ofT-L-E-. Inc. 
management experience. See International Facility Management Association. 
http://www.ifmacredentials.org/ (last visited Dec. 15. 2016). 
We also reviewed the Institute of Certified Records Managers· (ICRM) website. which specifies that 
its Certified Records Analyst (CRA) and CRM certifications require a college degree (four-year or 
bachelor's degree) and one year of professional records and information management experience. It 
further states that one additional year of professional records and information management 
experience may be substituted for each year of college not completed (i.e .. a high-school graduate 
with five years of professional records and information management experience could apply). See 
Institute of Certified Records Managers. http://www.icrm.org/applying-for-the-exam/ (last visited 
Dec. 15, 20 16). 
Further, we reviewed ARMA International's website, which specifies that there is no formal 
coursework required for its Information Governance Professional (IGP) certification exam. It states 
that candidates should have a strong command of the Generally Accepted Recordkeeping 
Principles®, current industry issues. e-discovery, technology. and case law - all of the key 
components of information governance a college degree (four-year or bachelor's degree) and one 
year of professional records and information management experience. See ARMA InternationaL 
http:/ /www.arma.org/r2/igp-certification/igporigin (last visited Dec. 15. 20 16). 
In this case. the Petitioner has not established that the proffered position falls under an occupational 
category for which the Handbook. or other authoritative source, indicates that normally the 
minimum requirement for entry is at least a bachelor's degree in a specific specialty. or its 
equivalent. The record lacks sufficient evidence to support a finding that the particular position 
proffered here, an entry-level administrative services manager position (as indicated on the LC A). 
would normally have such a minimum, specialty degree requirement or its equivalent. The duties 
and requirements of the position as described in the record of proceeding do not indicate that this 
particular position proffered by the Petitioner is one for which a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is normally the minimum requirement for entry. 
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[.r 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. 
Matter ofT-L-E-. Inc. 
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) (quoting Hird/Blaker Corp. v. Sara. 712 F. 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 its assertion that the degree requirement is common to the Petitioner's industry in parallel 
positions among similar organizations, the Petitioner submitted numerous copies of advertisements for 
positions entitled Administrative Manager, Administrative Coordinator. Manager Administrative 
Services/Executive Assistant, and Administrative Services Manager. None of the advertisements 
submitted provide sufficient information regarding the advertising organizations to establish that the 
advertising organizations are similar to the Petitioner. That is. the record does not demonstrate that the 
advertising organizations are similar in type. scope. and size to this Petitioner. In fact. the Director 
made note of this in her decision and stated that the Petitioner is in the business of providing logistics 
services and all of the advertisements are for statting companies or universities. On appeaL the 
Petitioner states that ·job listings for similar positions at similar companies are hard to find" because 
larger companies divide the Petitioner's proffered position into several individual positions and smaller 
to medium sized companies, like the Petitioner. integrate the duties into a single position. 
Regardless, some of the advertisements state that a high school diploma and experience are sutticient to 
perform the duties of the position, some of the advertisements state that a bachelor's degree is 
''preferred,'' and some of the advertisements list a requirement for a bachelor's degree. but not for a 
degree in any specific specialty. 
Here, while some of the advertisements generally state that a bachelor's degree in business. English, 
communications, business administration, accounting. finance. marketing. or a related field, are required 
or preferred, they also require several years of experience in addition to. and in some cases in lieu ot: 
the bachelor's degree. The Petitioner here has designated the proffered position as a wage Level I on 
the LCA (the lowest of four assignable wage levels). a wage level that only requires a basic 
understanding of the occupation. which is in contrast to some of the advertised positions that are for 
Matter ofT-L-E-. Inc. 
more senior positiOns. Some of the advertised positions do not even require any bachelor" s degree: 
therefore, they, too, do not demonstrate that a requirement of a bachelor's or higher degree in a specific 
specialty, or its equivalent, is common to parallel positions with organizations that are in the Petitioner's 
industry and otherwise similar to the Petitioner. 
For these reasons, the Petitioner has not satisfied the criterion of 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 this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other administrative services coordinator positions that can be performed by 
persons without at least a bachelor's degree in a specific specialty. or its equivalent. 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position. as described. necessitates the theoretical and 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather. 
we find, that, as reflected in this decision's earlier quotation of duty descriptions from the record of 
proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the '·Administrative Services Managers .. occupational category. which. the Handhook 
indicates, do not necessarily require a person with at least a bachelor's degree in a specific specialty 
or its equivalent to enter those positions. 
To begin with, the Petitioner claims that the proffered position focuses on .. administrative services 
and organizational development... However. the Petitioner does not demonstrate how the 
administrative services coordinator's duties described require the theoretical and practical 
application of a body of highly specialized knowledge such that a bachelor's or higher degree in a 
specific specialty. or its equivalent, is required to perform them. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the .. Administrative Services 
Managers" occupational category. the Beneficiary would perform only routine tasks that require 
limited. if any, exercise of judgment: close supervision of work, monitored and reviewed for 
accuracy; and the receipt of specific instructions on required tasks and expected results. Without 
further evidence, the evidence does not demonstrate that the proffered position is so complex or 
9 
(b)(6)
Maller ofT-L-E- , Inc. 
unique as such a position falling under this occupational category would likely be classified at a 
higher-level, such as a Level III (experienced) or Level IV (fully competent) position.
11 
For example, 
a Level IV (fully competent) position is designated by DOL for employees who '"use advanced skills 
and diversified knowledge to solve unusual and complex problems." 
Furthermore , in response to the RFE , the Petitioner submitted an opinion authored by 
Associate Dean of Academic Affairs at the 
stated that he reviewed the position in detai I and otTers his opinion of the 
academic requirements necessary to perform those duties. 
opined that "it is apparent that an Administrative Services Coordinator with the 
specific duties ... would be considered a professional position and would normally be tilled by a 
graduate with a minimum of a Bachelor's Degree in Management, Organizational Development. 
Operations Management, or a related area, or the equivalent.·· He further opined that ··the nature of 
these specific responsibilities and knowledge is so specialized and complex that knowledge required 
to perform these duties is usually associated with the attainment of a Bachelor's Degree in one of 
these fields. " provided insight to some of the listed duties and the educational 
requirements, found within the bachelor's degree curriculum for the degrees mentioned. as skills 
required in the theoretical and practical application of an advanced highly specialized body of 
knowledge. However , evaluation does not discuss the Petitioner's designation of this 
position as requiring only a Level I wage. Additionally, does not explain or 
distinguish the duties of the proffered position from the Handbook's report on administrative 
services managers. It also appears that the duties that he reviewed were provided to him by the 
Petitioner , and he does not appear to have any independent knowledge of the Petitioner and its 
business. For these reasons , we do not find the opinion sufficient to support the Petitioner ' s 
assertion that the proffered position requires a bachelor's degree in a specific specialty. or its 
equivalent, and thus qualities as a specialty occupation. We may, in our discretion, use opinion 
statements submitted by the Petitioner as advisory. Matter of' Caron Jnt 'f. Inc., 19 I&N Dec. 79 I, 
795 (Comm'r I 988). However, where an opinion is not in accord with other information or is in any 
way questionable, we are not required to accept or may give less weight to that evidence. /d. 
Here , the record does not include sutlicient information relevant to a detailed course of study leading 
to a specialty degree and the Petitioner has not established how such a curriculum is necessary to 
perform the duties it claims are so complex . While a few related courses may be beneficial in 
6 The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example). such a 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 consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of section 214( i)( I) of the Act. 
10 
(b)(6)
Matter ofT-L-E- . Inc. 
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. 
Additionally, we again note that the Petitioner has designated the proffered position as requiring 
only a Level I wage , that requires only a basic understanding of the occupation. Given the 
Handbook's indication that administrative services manager positions do not normally require at 
least a bachelor 's degree in a specific specialty, or the equivalent, for entry , it is not credible that a 
position involving limited, if any, exercise of independent judgment, close supervision and 
monitoring, receipt of specific instructions on required tasks and expected results. and close review 
would contain such a requirement. Thus, the record lacks sufficiently detailed information to 
distinguish the proffered position as unique from or more complex than positions that can be 
performed by persons without at least a bachelor's degree in a specific specialty or its equivalent. 
Consequently , as the Petitioner does not demonstrate how the proffered position is so complex or 
unique relative to other administrative services coordinator positions that do not require at least a 
baccalaureate degree in a specific specialty or its equivalent for entry into the occupation in the 
United States, it cannot be concluded that the petitioner has 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. 
Here, the Petitioner does not submit any evidence of previous or current employees in the same 
position as the Beneficiary's proffered position. As such. the Petitioner does not submit probative 
evidence that demonstrates the academic qualifications of individuals previously or currently 
employed in a similar administrative services coordinator position. Therefore. the Petitioner has not 
satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J). 
D. Fourth Criterion 
The fom1h 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 asserts that the job duties of the protlered position are specialized and complex. We refer 
to our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level I wage. and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties tor the 
proffered position , including the Petitioner's expanded version ofthe description submitted in response 
to the RFE, along with the expert opinion evaluation authored by While we 
Matter of T-L-E-, Inc. 
understand that the Beneficiary must have technical knowledge in order to perfonn these duties, the 
Petitioner has not sufficiently explained how these duties require the theoretical and practical 
application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher 
degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the 
United States. Upon review of the totality of the record. the record does not include probative evidence 
that the duties require more than technical proficiency in the administrative services 1icld. The 
Petitioner has not demonstrated in the record that its proffered position is one with duties sutticiently 
specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(.J). 
IV. CONCLUSION 
As discussed above, the Petitioner has not demonstrated that the proffered position qualities 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; Matter o{Otiende, 26 I&N Dec. 127. 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-L-E-. Inc., ID# 252422 (AAO Dec. 20, 2016) 
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