dismissed H-1B Case: Management Analysis

U.S. Citizenship 
and Immigration 
Services 
In Re: 9895105 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-18) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 24, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a "management analyst" under the H-18 
nonimmigrant 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-18 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. 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-18 nonimmigrant as a foreign national "who is 
coming temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) ... "(emphasis added). Section 214(i)(I) of the Act, 8 U.S.C. § 1184(i)(I), defines the 
term "specialty occupation" as an occupation that requires "theoretical and practical application of a 
body of highly specialized knowledge, and 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 section 214(i)(I) of the Act but adds a 
non-exhaustive list of fields of endeavor. In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the 
proffered position must meet one of four criteria to qualify as a specialty occupation position. 3 Lastly, 
1 Section 291 of the Act ; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christa 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 
3 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with the statutory and regulatory definitions of a specialty occupation under 
section 214(i)(1) of the Act and 8 C.F.R. § 214.2(h)(4)(ii) . We construe the term "degree" to mean not just any 
8 C.F.R. § 214.2(h)(4)(i)(A)(1) states that an H-1B classification may be granted to a foreign national 
who "will perform services in a specialty occupation ... "(emphasis added). 
Accordingly, to determine whether the Beneficiary will be employed in a specialty occupation, we 
look to the record to ascertain the services the Beneficiary will perform and whether such services 
require the theoretical and practical application of a body of highly specialized knowledge attained 
through at least a bachelor's degree or higher in a specific specialty or its equivalent. Without 
sufficient evidence regarding the duties the Beneficiary will perform, we are unable to determine whether 
the Beneficiary will be employed in an occupation that meets the statutory and regulatory definitions of 
a specialty occupation and a position that also satisfies at least one of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). The duties the Beneficiary will perform in the position determine: (1) the normal 
minimum educational requirement for entry into the particular position, which is the focus of criterion 
1; (2) industry positions which are parallel to the proffered position and thus appropriate for review 
for a common degree requirement, under the first alternate prong of criterion 2; (3) the level of 
complexity or uniqueness of the proffered position, which is the focus of the second alternate prong 
of criterion 2; (4) the factual justification for a petitioner normally requiring a degree or its equivalent, 
when that is an issue under criterion 3; and (5) the degree of specialization and complexity of the 
specific duties, which is the focus of criterion 4. 8 C.F.R. § 214.2(h)(4)(iii)(A). 
By regulation, the Director is charged with determining whether the petition involves a specialty 
occupation as defined in section 214(i)(1) of the Act. 8 C.F.R. § 214.2(h)(4)(i)(B)(2). The Director 
may request additional evidence in the course of making this determination. 8 C.F.R. § 103.2(b)(8). 
In addition, a petitioner must establish eligibility at the time of filing the petition and must continue to 
be eligible through adjudication. 8 C.F.R. § 103.2(b)(1). 
11. PROFFERED POSITION 
The Petitioner describes itself on the Form 1-129, Petition for a Nonimmigrant Worker, as a computer 
software-online service company, established in 2019. In its letter in support of the petition, the 
Petitioner stated that it is an "online food delivery platforms, [sic] providing tailored services largely 
to Asian[,] especially Chinese consumers." The Petitioner designated the proffered position on the 
labor condition application (LCA)4 as a "Management Analysts" occupation, corresponding to the 
standard occupation classification (SOC) code 13-1111 at a level I wage. The Petitioner identifies 
the proposed duties as follows: 
1. Gather and organize information about [the Petitioner's] organizational and 
managerial problems to be solved or the procedures to be improved; 
2. Recommend new organizational or managerial systems, procedures, or changes to 
streamline [the Petitioner's] operations; 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a specific specialty" as 
"one that relates directly to the duties and responsibilities of a particular position"). 
4 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1B 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 duties, experience and qualifications who are performing the same services. See Section 
212(n)(1) of the Act; 20 C.F.R. § 655.731(a). 
2 
3. Recruit and train new employees to ensure their full understanding of company 
operational procedures and organizational policies; 
4. Interview personnel and conduct on site observations to determine the methods, 
equipment, and personnel that will be needed; 
5. Coordinate professional educational programs and select employee candidates for 
continuous education; 
6. Liaise with headquarters inl I and branch companies in other cities to share 
information gathered to enhance revenue cycle opportunities; 
7. Provide management with written reports to ensure changes are working; 
8. Other related works. 5 
The Petitioner initially claims that it requires individuals who work in this position to "possess a 
master's degree in Management or a related field." 
Ill. 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 (1) does not consistently 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. 
A. Nature of the Position 
The Petitioner's initial description of the proposed position paraphrased several of the duties listed in 
the Department of Labor's (DOL) Occupational Information Network (O*NET) summary report for 
"Management Analysts." Such a generalized description is necessary when defining the range of 
duties that may be performed within an occupation but cannot be relied upon by a petitioner when 
discussing the duties attached to specific employment. In establishing a position as a specialty 
occupation, a petitioner must describe the specific duties and responsibilities to be performed by a 
beneficiary in relation to its particular business interests. To allow otherwise, results in generic 
descriptions of duties that, while they may appear (in some instances) to comprise the duties of a 
specialty occupation, are not related to any actual services the Beneficiary is expected to provide. 6 In 
response to the Director's request for evidence (RFE), the Petitioner revised its description, added 
narrative to each of the broadly stated proposed duties, and provided a general allocation of the 
Beneficiary's time to the initially numbered duties. 
On appeal, the Petitioner asserts that when reviewing the particular duties of its proffered position, the 
duties describe a hybrid occupation incorporating the duties of a budget analyst, a human resources 
specialist, and a management analyst and thus the DOL's Occupational Outlook Handbook's 
5 The Petitioner revises the description in response to the Director's request for evidence and elaborates on each of the 
numbered points in the initial letter in support. 
6 Here, when the Petitioner further describes the duties, the duties depart from tasks of a management analyst position and 
skew toward a managerial position. As will be discussed, the Petitioner acknowledges, in part, that the proposed position 
is a hybrid position. 
3 
(Handbook) discussion of the educational requirements for "Management Analysts"7 is largely 
insufficient to establish the proffered position is a specialty occupation.8 
The Petitioner refers to the DOL 's Occupational Information Network (O*NET), as designating the 
"Management Analyst" occupation as a Job Zone Five, a zone for which "most ... occupations require 
graduate school"9 and the two other occupations (budget analysts and human resources specialists) as 
Job Zone Four occupations and concludes as such its hybrid position requires at a minimum a 
bachelor's degree. However, O*NET, which provides general information regarding occupations, 
does not specify what field or specialty, if any, these occupations require for the degree. While 
according to the Petitioner its particular position fal Is within either a Job Zone "Four" or "Five" rating, 
O*NET does not indicate that any degree that might be required by these occupations must be in a 
specific specialty directly related to the occupation.10 Although a general-purpose bachelor's degree 
may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will 
not justify a conclusion that a particular position qualifies for classification as a specialty 
occupation. Royal Siam, 484 F.3d at 147. 
The Petitioner also contends that since the Beneficiary's proposed work is significantly different from 
other positions within the occupational category of "Management Analysts," because it incorporates 
the duties of a budget analyst and an HR specialist, the position requires a combination of skill sets. 
The Petitioner asserts that this includes "knowledge composed of statistics, management, recruitment, 
education/training, business metric for data-driven companies and etc." However, this knowledge 
appears readily obtainable in a general bachelor's degree. Moreover, the specific duties of the 
proposed position, as elaborated on in response to the Director's RFE, appear basic and routine. They 
are not sufficiently detailed to demonstrate how such duties require a bachelor's degree in a specific 
specialty, or its equivalent, to perform them. 
For example, the Petitioner indicates that the Beneficiary will spend 30 percent of her time recruiting 
and training employees, which includes developing a position description, posting jobs on recruiting 
websites, interviewing candidates, drafting a code of conduct, and training employees on the 
7 We agree that the subchapter of the Handbook titled "How to Become a Management Analyst" is not helpful in 
establishing a "Management Analyst" occupation is a specialty occupation. The Handbook recognizes this occupation as 
multidisciplinary and does not identify a specific discipline to perform the duties of the occupation. It states, in relevant 
part, "[a] bachelor's degree is the typical entry-level requirement ... [M]any fields of study provide a suitable education 
because of the range of areas that management analysts address. Common fields of study include business, management, 
economics, accounting, finance, marketing, psychology, and computer and information science." Thus, the Handbook 
does not support a conclusion that these positions comprise an occupational group for which normally the minimum 
requirement for entry is at least a bachelor's degree in a specific specialty, or its equivalent. Accordingly, the Petitioner is 
required to establish how its particular position normally requires a bachelor's degree in a specific specialty, or its 
equivalent, in order to establish the position is a specialty occupation. 
8 The Petitioner asserts that of these three occupations, the management analyst occupation is the highest paid occupation 
and thus was correctly designated on the certified LCA. However, if, as in this matter, the particular position is a 
combination of unrelated occupations, a one level wage increase is required in addition to the higher paying SOC code on 
the certified LCA. See U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, 
Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC_Guidance_Revised_11_2009.pdf. 
9 O*NET Online Summary Report for "13-1111.00 Management Analysts," 
https://www.onetonline.org/link/summary/13-1111.00 (last visited Aug. 21, 2020). 
10 O*NET Online Help - Job Zones, http://www.onetonline.org/help/online/zones (last visited Aug. 21, 2020). 
4 
company's culture and their rights and responsibilities. These tasks are not sufficiently developed to 
conclude that they require knowledge that is associated with a bachelor's degree, let alone a bachelor's 
degree in a specific specialty. Additionally, we cannot ascertain the Beneficiary's level of 
responsibility within the organization as it relates to these tasks. The Petitioner's elaboration of the 
initially described duties includes interviewing personnel regarding their work progress and workload, 
gathering data relating to operational and managerial practices and procedures to evaluate work 
performance, and obtaining employee feedback to create key performance indicators. Although these 
tasks could fall within the "Management Analysts" occupation, they also overlap with tasks that appear 
within the O*NET summary report for "Human Resources Managers"11 and "Human Resources 
Specialists. " 12 
Similarly, the Petitioner describes duties that require preparing and monitoring a monthly budget 
including the marketing and HR budget, but does not sufficiently detail the tasks so that we may 
ascertain and analyze the level of responsibility and education needed to perform the tasks. The 
Petitioner also states that the Beneficiary will spend 10 percent of her time conducting online surveys 
to collect customers' requirements and needs and analyzing those requirements and needs to better 
design and implement the Petitioner's app. The Petitioner does not explain the Beneficiary's actual 
role in designing and implementing this app or connect these tasks to the Beneficiary's proposed 
management, human resources, or budget responsibilities. Thus, the position appears to also include 
some level of software development duties. Overall, the duties are so generally described we cannot 
ascertain either the application of knowledge needed to perform the position, or the occupation and 
wage level that should be designated on the certified LCA. The record does not include sufficient, 
consistent evidence to establish the substantive nature of the proposed position and conclude that the 
Beneficiary will perform services in a specialty occupation.13 
To better understand the nature of the proposed position, we considered the Petitioner's assertion on 
appeal that requiring more than one subject in a bachelor's degree does not necessarily indicate that 
the particular position is not a specialty occupation. We agree that in general, provided the specialties 
are closely related, e.g., chemistry and biochemistry, a minimum of a bachelor's or higher degree in 
more than one specialty is recognized as satisfying the "degree in the specific specialty (or its 
equivalent)" requirement of section 214(i)(1)(B) of the Act. In such a case, the required "body of 
highly specialized knowledge" would essentially be the same. Since there must be a close correlation 
between the required "body of highly specialized knowledge" and the position, however, a minimum 
entry requirement of a degree in two disparate fields, such as philosophy and engineering, would not 
11 See O*NET summary report for "Human Resources Managers" at 
https://www.onetonline.org/link/summary/11-3121.00. We also note that this occupation requires a higher wage than that 
required for a "Management Analysts" occupation. See Foreign Labor Certification Data Center Online Wage Library at 
https://www.flcdatacenter.com/OesQuickResu1ts.aspx?code=11-3121&area=~year=19&source=1. 
12 See O*NET summary report for "Human Resources Specialists" at 
https://www.onetonline.org/link/summary/13-1071.00. 
13 We observe that in each iteration and explanation of the proposed duties, the Petitioner further undermines the nature of 
the proposed position. Overall, it appears that the Beneficiary will perform some type of managerial duties, not the duties 
of a "Management Analysts" occupation. We note that a "General and Operations Managers" occupation for example 
includes many of the same general duties the Petitioner describes. See O*NET summary report at 
https://www.onetonline.org/link/summary/11-1021.00. This occupation also requires a significantly higher wage. See 
Foreign Labor Certification Data Center Online Wage Library at 
https ://www. fl cdatacenter. com/OesQu i ckResu Its. aspx?code= 11-10 2 l&area=e=J& year= 19&sou rce= 1. 
5 
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. Section 214(i){l)(B) of the Act (emphasis added). The Petitioner here does not 
offer a cohesive and persuasive analysis demonstrating how the proposed duties require any particular 
bachelor's-level education is directly related to the position.14 Rather, it appears that the duties require 
only a general bachelor's degree. 
The Petitioner appears to claim on appeal that a bachelor's degree in any analytical and numerical 
field is sufficient to establish the proffered position is a specialty occupation. However, such a mass 
grouping of degree-fields generally connected only through analytical and numerical elements is 
simply too broad to support a finding that the proffered position meets the definition of a "specialty 
occupation." If a degree in any analytical or numerical field would equally prepare an individual to 
perform the duties of a proffered position, then we question how the position involves a "highly 
specialized body of knowledge" or requires a bachelor's degree, or the equivalent, in a "specific 
specialty. " 15 
The Petitioner also asserts on appeal that because it requires a bachelor's degree for all its hired personnel, 
it has established its standard of always requiring a bachelor's degree. However, if the proffered position 
requires nothing more than a general bachelor's degree, the Petitioner has not satisfied either the 
statutory definition of a "specialty occupation" at section 214(i)(l)(B) of the Act or the regulatory 
definition of a specialty occupation at 8 C.F.R. § 214.2(h)(4)(ii). Again, a petitioner must demonstrate 
that the proffered position requires a precise and specific course of study that relates directly and 
closely to the position in question. There must be a close correlation between the required specialized 
studies and the position; thus, the mere requirement of a degree, without further specification, does 
not establish the position as a specialty occupation. Cf. Matter of Michael Hertz Assocs., 19 l&N Dec. 
558,560 (Comm'r 1988) {"The mere requirement of a college degree for the sake of general education, 
or to obtain what an employer perceives to be a higher caliber employee, also does not establish 
eligibility."). Thus, while a general-purpose bachelor's degree may be a legitimate prerequisite for a 
particular position, requiring such a degree, without more, will not justify a conclusion that a particular 
position qualifies for classification as a specialty occupation. Royal Siam Corp., 484 F.3d at 147. 
We also reviewed the position evaluation of Assistant Professor ofl .... ____ _. 
Leadership and Strategy, '-------r------.-------'University for insight into the substantive 
nature of the proffered position. ~----~ repeats the Petitioner's description of duties and 
notes that he spoke with the Beneficiary regarding the proposed duties. He appears to equate the 
proposed position to a position to manage business operations, not to a "Management Analysts," 
14 We note that the Petitioner appears to rely on the Beneficiary's education to establish that its particular position is a specialty 
occupation. The Petitioner included the Beneficiary's previous coursework and claims that the coursework correlates with 
the associated job duties of the position. However, the test to establish a position as a specialty occupation is not the skill 
set or education of a proposed beneficiary, but whether the position itself qualifies as a specialty occupation. Thus, whether 
or not the Beneficiary in this case has completed a specialized course of study directly related to the proffered position is 
irrelevant to the issue of whether the proffered position qualifies as a specialty occupation, i.e., whether the duties of the 
proffered position require the theoretical and practical application of a body of highly specialized knowledge and the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent. Section 214{i)(I) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(ii). 
15 "A position that requires applicants to have any bachelor's degree, or a bachelor's degree in a large subset of fields, can 
hardly be considered specialized." Caremax, Inc. v. Holder, 40 F.Supp.3d 1182, 1187-88 (N.D. Cal. 2014) 
6 
occupation. He also appears to rely on the Beneficiary's education and skill set to establish that a 
bachelor's degree is common for the described position within the Petitioner's industry. I I I !concludes that it is unlikely that the proffered position could be performed by an individual 
without a bachelor's degree in management or a closely related field. However, I I 
other than concluding that the duties are the duties of a professional position, does not provide a cogent 
analysis of the duties. He does not discuss why other methods of study or experience could not lead 
to a sufficiently similar knowledge-set. For example, through several years of ex erience building the 
necessary skills and knowledge to perform in the position. Moreover,~--.-------,--.....---~does not 
discuss the principles and methods he used to reach his conclusion and he oes not m Icate he has 
published, conducted research, run surveys, or engaged in any enterprise or employment regarding the 
minimum education requirements for positions such as the position proffered here. The position 
evaluation does not provide further insight into the substantive nature of the proposed position, but rather 
creates additional ambiguity in the record regarding the purpose of the position within the Petitioner's 
business operations.16 
Without a meaningful job description, the record lacks evidence sufficiently informative to 
demonstrate that the proffered position requires a specialty occupation's level of knowledge in a 
specific discipline. An H-1B petition must be supported by a sufficient, consistent description of the 
proffered position's duties to demonstrate the substantive nature of the work in order to establish that the 
position is a specialty occupation and that the LCA corresponds to and supports the petition. Here, the 
overall generality of the tasks described do not illustrate the substantive nature of the position and 
thus, do not establish that the position is a specialty occupation under any of the four supplemental 
specialty-occupation criteria enumerated at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1)-(4). Although the 
Beneficiary may perform the routine tasks of several occupations, the Petitioner has not established 
that the tasks described require both: (1) the theoretical and practical application of a body of highly 
specialized knowledge; and (2) the attainment of a bachelor's degree in the specific specialty. The 
Petitioner, therefore, has satisfied neither the statutory definition of a "specialty occupation" at section 
214(i)(1)(B) of the Act nor the regulatory definition of a specialty occupation at 8 C.F.R. 
§ 214.2(h)(4)(ii). 
B. Labor Condition Application Does Not Correspond to and Support the Petition 
As noted above, the Petitioner asserts that the proffered position is a wage level I "Management 
Analysts" occupation. First, the record does not include sufficient detail to conclude that the proffered 
position should be designated a "Management Analysts" occupation on the LCA. The generality and 
ambiguity of the duties and their overlap with other occupations, including higher paying 
occupation(s), strongly suggest that the proper occupation was not designated on the certified LCA. 
Also as noted above, even if the position is a combination of unrelated occupations, 17 as the Petitioner 
claims on appeal, a one level wage increase is required in addition to the higher paying SOC code on 
the certified LCA. 18 
16 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. Matter of Caron lnt'I, Inc., 19 l&N Dec. 791, 795 (Comm'r 1988). 
17 Using the Petitioner's own statements this would include a combination of a management analyst, a human resources 
specialist, and a budget analyst. Adding the Professor's evaluation, the position also appears to include duties of a general 
operations or administrative manager. 
18 See the Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), supra. 
7 
Second, the Petitioner specified that the Beneficiary will develop position descriptions in Chinese and 
in English. Although the Petitioner does not state a requirement that the individual in the proffered 
position be fluent in both English and Chinese, the position description and the Petitioner's business 
strongly suggest that knowledge of a foreign language is required. According to DOL's guidance, 
which provides a five step process for determining the appropriate wage level, a foreign language 
requirement generally requires an increase in the wage level unless the foreign language requirement 
is a normal requirement for the occupation.19 A bilingual language requirement is atypical for the 
occupation of a "Management Analysts" position, thus it appears that the wage level should be 
increased by an additional step to accommodate any bilingual requirement. 
Next, the Petitioner on appeal refers specifically to its organizational chart20 and states that the 
Beneficiary will supervise two accountants. Supervisory tasks are not part of a "Management 
Analysts" occupation as set out in the O*NET. Thus, the supervisory tasks would also require a one 
level wage increase. In this matter, the additional bilingual and supervisory requirements that appear 
to be part of the duties of the proposed position require increases in the wage level on the certified 
LCA. Although we need not determine the number of wage level increases here, we note that the 
position as described is not a wage level I "Management Analysts" occupation. Additionally, this 
information in the record creates further ambiguity regarding the substantive nature of the proposed 
position, the Beneficiary's actual role within the Petitioner's organization, as well as demonstrating 
that the certified LCA does not support and correspond to the position described in the petition. 
IV. CONCLUSION 
Upon review of the totality of the evidence submitted, the Petitioner has not established that more 
likely than not, the Beneficiary will provide services in a specialty occupation under any of the criteria 
at 8 C.F.R. § 214.2(h)(4)(iii)(A). Moreover, the record does not establish that the Petitioner satisfied 
the statutory and regulatory definitions of specialty occupation. Further the record does not establish 
that the LCA supports the petition. 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. 
19 U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009). 
20 The organizational chart also shows the Beneficiary supervising an administrative assistant. 
8