dismissed H-1B Case: Market Research

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-A-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 27. 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an ecommerce retail company. seeks to temporarily employ the Beneficiary as a 
"market research analyst" 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)(l5)(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 Petitioner did 
not establish that the proffered position qualifies as a specialty occupation. The Petitioner later tiled 
a motion to reopen and reconsider. which was also denied by the Director. 
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: 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; . 
Matter ofE-A-. LLC 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or. in the alternative. an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position: or 
(..f) The nature of the specific duties fis l so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted the term ·'degree" to mean not just 
any baccalaureate or higher degree, but one in a specific specialty that is directly related to the 
proposed position. See Royal S'iam 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"'): De{ensor 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 ""market research 
analyst." In its letter of support. the Petitioner provided the job duties for the proffered position. 
along with the approximate percentage of time to be spent on each duty. 1 The Petitioner also stated 
that the proffered position requires a bachelor's degree in marketing. communication or other related 
areas. 
In response to the Director's request for evidence (RFE), the Petitioner provided additional 
information regarding the proffered position. On appeal. the Petitioner submits a table showing how 
the initial duties correspond to the duties provided in response to the RFE, as follows: 
,--------------------------------,------------------------------·---
i. Detailed Job Duties II. Categorizes job duties in 
day-today business 
context 
1 
We observe that the wording of the duties provided by the Petitioner for the proffered position in the letter of support is 
taken almost verbatim from the Occupational Information Network (O*NET) OnLine Summary Report's list of tasks 
associated with the occupational category "'Market Research Analysts and Marketing Specialists." For additional 
information, see O*NET OnLine. available at http://www.onetonline.org/l ink/summary/ 13-1 161.00 (last visited Dec. 27. 
2017). 
2 
.
Maller qfE-A-. LLC 
Prepare reports of findings, illustrating 
data graphically and translating 
complex findings into written text 
(30%), Correspond to category (1 )(a). 
(2)(a) 
Seek and provide information to help 
companies determine their position in 
the marketplace (I 0%). Corre.~pond to 
category (J)(d). (3) 
Forecast and track marketing and sales 
trends, analyzing collected data (I5%); 
Corre.~pond to category (I )(c). (2)(a). 
(2)(c). (3) 
Gather data on competitors and 
analyze their prices, sales, and method 
of marketing and distribution (1 0% ); 
Corre.\pond to category (J)(a). (J)(c). 
(2)(b). (2)(c), (3) 
Collect and analyze data on customer 
demographics , preferences, needs, and 
buying habits to identify potential 
markets and factors affecting product 
demand (10%); Corre.spond to 
category (l}(b). (l)(c). (2)(b). (3) 
Attend staff conferences to provide 
with information and proposals 
concerning the promotion distribution, 
design, and pricing of company 
products or services (I 0%); 
Corre. ~pond to category (1). (2). (3) 
Monitor industry statistics and follow 
trends in literature (5% ); Corre.\pond 
to category (2)(b) 
Measure and assess customer and 
employee satisfaction (5%); 
Corre.\pond to category (2)(b) 
(I) Before the launch of any new 
product: define the target audience, 
predict demographics and preferred 
communication channels. conduct 
competitor analysis. and forecast 
marketing trends. 
(a) Work with syndicated data sets to 
mine actionable insights and marketing 
research after designing and 
implementing the survey 
(b) Conduct focus group, field trips and 
interviews in order to gather consumer 
insights, buying habits and preference 
(c) Research the most effective 
marketing communication channels to 
forecast sales trends. 
(d) Research on strategic marketing 
plans for different products based on 
budgets and drive innovative 
approaches to promotional tactics. 
(2) After launch of the products: 
(a) track the sales and profitability of 
the product on a daily basis and 
generate report written format; 
(b) monitor inventory statistics and 
follow trends in literature 
(c) analyze and track competitor's 
pricing, sales, and brand positioning: 
(d) measure and assess customer 
satisfaction, the effectiveness of 
marketing, advertising and marketing 
strategies. 
(3) E-commerce sales projects. 
Maller ofE-A-, LLC 
Devise and evaluate methods and 
procedures for collecting data, or 
arrange to obtain existing data (3%); 
Correspond to category ( l)(a). (3) 
Measure the effectiveness of 
marketing, advertising, and 
communications programs and 
strategies (2%). Corre.spond to 
cates;ory (2)(d), (3) 
L_--------------------------------~----------------------------------
In response to the RFE, the Petitioner stated that the position requires an individual with a bachelor's 
degree, or higher, in marketing, integrated marketing communication. or a related area. while 
emphasizing the "advanced computer skills" acquired from these bachelor degree programs. On 
appeal, the Petitioner states that the position requires a bachelor's degree with a "highly specialized 
body of knowledge in marketing. communications, statistic analytical skills. and management 
abilities." 
III. ANALYSIS 
For the reasons set out below, we have determined 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 specialty 
. 2 
occupatiOn. 
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. 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:' 
2 
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. 
' 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 we regularly review 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. 
4 
Matter ofE-A-, LLC 
On the labor condition application (LCA)4 submitted in support of the H-1 B petition, the Petitioner 
designated the profiered position under the occupational category "Market Research Analysts and 
Marketing Specialists,'' corresponding to the Standard Occupational Classification code 13-1161. 
In pertinent part, the Handbook states that ··[m]arket research analysts typically need a bachelor's 
degree in market research or a related field. Many have degrees in fields such as statistics, math. and 
computer science. Others have backgrounds in business administration, the social sciences. or 
communications.'' 5 The Handbook does not indicate that a bachelor's degree in a .~pecijic ,,pecialty. 
or its equivalent, is normally required for entry into this occupation. While the Handbook states that 
market research analysts typically need a bachelor's degree in or related to market research, it also 
states that "[ m ]any" market research analysts have degrees in various other fields such as statistics, 
math, and computer science. Based on the various degrees which many research analysts can 
possess, the Handbook does not support the position's eligibility under the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(J). 
The Handbook indicates that general-purpose bachelor's degrees in business administration and the 
social sciences are acceptable for entry into the market research analyst occupation. A minimum 
requirement of a general-purpose bachelor's degree, such as a business administration degree. 
without more, will not justify a finding that a particular position qualities for classification as a 
specialty occupation. See Royal Siam Corp., 484 F.3d at 14 7: cf Michael Hertz, 19 I&N Dec. at 
560. 
Moreover, provided the specialties are closely related, e.g .. statistics and math, a mmunum of a 
bachelor's or higher degree in more than one specialty is recognized as satisfying the "'degree in the 
specific specialty'' requirement of section 214(i)(l )(B) ofthe 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 degrees in disparate fields, such as market research and computer 
science, would not meet the statutory requirement that the degree be '·in the specific specialty." 
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)(l )(b) of the Act (emphasis added). 6 
4 
The Petitioner is required to submit a certified LCA 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 
Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook. Market Research Analysts (20 16-17 
ed.). 
6 
Whether read with the statutory ''the'' or the regulatory "a," both readings denote a singular ''specialty." Section 
214(i)(l)(B) of the Act: 8 C.F.R. § 214.2(h)(4)(ii). Still, we do not so narrowly interpret these provisions to exclude 
positions from qualifying as specialty occupations if they permit, as a minimum entry requirement. degrees in more than 
one closely related specialty. As just stated, this also includes even seemingly disparate specialties provided the 
evidence of record establishes how each acceptable, specific field of study is directly related to the duties and 
responsibilities of the particular position. 
Matter of'E-A-. LLC 
We acknowledge that the Petitioner contends on appeal that the proffered position amalgamation of 
several different bachelor's degrees, stating that the specialized body of knowledge required for the 
position incorporates knowledge from bachelor's degrees in marketing. communication, statistics. 
and perhaps even management. However, we do not find that the Petitioner has sufficiently 
substantiated that the proffered position is effectively a combination of these several specific 
bachelor's degrees. It is notable that prior to appeal the Petitioner did not distinctly make this 
assertion, stating only that several different bachelor's degrees would suffice. including those in 
marketing, communication, integrated marketing communication, and other related fields. Although 
we acknowledge that the position could incorporate concepts from these different bachelor's 
degrees. the record does not indicate that the duties and responsibilities of this particular position are 
such that the required body of highly specialized knowledge is essentially an amalgamation of these 
different specialties. !d. 
The Petitioner also points to the O*NET description of market research analysts and contends that 
this establishes that a bachelor's degree is required for the position. However. as noted. in order to 
establish the proflered position as a specialty occupation, the Petitioner must demonstrate that not 
only a bachelor's degree is required for minimum entry into the position. but that the required degree 
is a degree in a specific specialty. Although the O*NET description of market research analysts and 
marketing specialists indicates that the majority of those employed in these positions have a 
bachelor's degree. it does not indicate that these positions require a degree in a specific specialty for 
entry. 7 
On appeaL the Petitioner cites to a recent district court case. Raj and Company v. US. Citizenship 
and Immiwation Services (USCIS), 85 F. Supp. 3d 1241 (W.O. Wash. 2015), and claims that it is 
relevant here. 
8 
We reviewed the decision: however. the Petitioner has not established that the duties 
and responsibilities. level of judgment, complexity. supervisory duties. independent judgment. or 
amount of supervision in that case are analogous to the position proffered here.9 There is little 
indication that the positions are similar. 
Further. in Raj. the court stated that a specialty occupation requires the attainment of a bachelor's 
degree or higher in a specific specialty, or its equivalent. The court confirmed that this issue is well­
settled in case law and with the agency's reasonable interpretation of the regulatory framework. In 
the decision, the court noted that '"permitting an occupation to qualify simply by requiring a 
generalized bachelor degree would run contrary to congressional intent to provide a visa program for 
7 
O*NET OnLine Summary Report for "13-1161.00 Market Research Analysts and Marketing Specialists." 
http:Jiwww.onetonline.org/link/summary/13-11614.00 (last visited Dec. 27. 2017). 
8 
In contrast to the broad precedential authority of the case law of a United States circuit court, we are not bound to 
follow the published decision of a United States district court in matters arising even within the same district. Sec Maller 
of K-S-, 20 I&N Dec. 715 (BIA 1993). Although the reasoning underlying a district judge's decision will be given due 
~onsideration when it i~ prop~rly be:ore us, the analysis does not have to be followed as a matter of law. /d. at 719. 
We note that the D1rector s dec1s1on was not appealed to our office. Based on the district court's tindinos and 
description of the record, if that matter had first been appealed through the available administrative process, we m:y very 
well have remanded the matter to the service center for a new decision in our de novo review of the matter. 
Matter of E-A-, LLC 
specialized, as opposed to merely educated, workers.'' The Petitioner's citation to Raj does not 
satisfy the first criterion. 
The Petitioner also cites to Residential Finance Corp. v. USCJS, 839 F. Supp. 2d 985 (S.D. Ohio 
2012) as relevant here. As in Raj, the H-1B petition in Residential Finance was never appealed to 
our office through the available administrative process. Nevertheless we note that the district 
judge's decision in Residential Finance appears to have been based largely on the many factual 
errors made by the service center in its decision denying the petition. Had we been afforded the 
opportunity to do so, based on that court's findings, we may very well have remanded the matter to 
the service center for a new decision for many of the same reasons articulated by the district court if 
these errors could not have been remedied by our de novo review of the matter. It is important to 
note that in a subsequent case that was reviewed in the same jurisdiction. the court agreed with our 
analysis of Residential Finance. See Health Carousel. LLC v. USCIS. No. 1 :13-CV-23, 2014 WL 
29591 (S.D. Ohio 2014). 
In the instant matter, the Petitioner has not provided sufficient documentation fi·om another probative 
source to substantiate its assertions regarding the minimum requirement for entry into this particular 
position under this criterion. Thus. the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(J). 
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. 
I. First Prong 
To satisfy this first prong of the second criterion. the Petitioner must establish that the "degree 
requirement'" (i.e .. a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
We generally consider the following sources of evidence to determine if there is such a common 
degree requirement: whether the Handbook reports that the industry requires a degree: whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals.'' See Shanti. Inc. v. Reno, 36 F. Supp. 2d 1151. 1165 (D.Minn. 
1999) (quoting Hird!Blaker Corp. v. Sava, 712 F. Supp. 1095. 1102 (S.D.N.Y. 1989) (considering 
these ·'factors" to inform the commonality of a degree requirement)). 
.
Matter of E-A -, LLC 
As discussed, the Petitioner has not established that its protlered positiOn is one f\.1r which the 
Handbook (or other independent, authoritative source) reports an industry-wide requirement for at least 
a bachelor's degree in a specit1c specialty or its equivalent. Thus, we incorporate by reference the 
previous discussion on the matter. 
In support of this criterion, the Petitioner submits an opinion letter from assistant 
professor and director at the at opines 
that "market analyst positions from big to small and medium size medical retail companies such as that 
being offered to [the Beneficiary] in [the Petitioner], require the expertise that she acquired in earning a 
degree in Integrated Marketing Communication." We carefully evaluated assertions in 
support of the instant petition but, for the following reasons, determined her opinions lent little 
probative value. 
First, provides very few details related to the duties and responsibilities of the position 
and the context of the company's operations. While provides a brief, general description 
of the Petitioner's business activities, she does not demonstrate in-depth knowledge of its operations 
or how the duties of the position would actually be performed in the context of its business 
enterprise. 
Second, the record does not indicate whether was aware, as indicated by the Level I wage 
on the LCA, that the Petitioner considered the proffered position to be an entry-level market research 
analyst position. 10 In fact, refers to the position as one requiring "a great deal of 
knowledge,'' notes that the duties are "complex,·· and references the "expertise'' inherent in the 
position. The comments of indicate that she is not fully aware of the duties and 
requirements of the position. In other words, the Petitioner has not demonstrated that 
possessed the requisite information to adequately assess the nature of the position and appropriately 
determine parallel positions based upon the job duties and level of responsibilities. 
Finally, opinion letter does not cite specific instances in which her past opinions have 
been accepted or recognized as authoritative on this particular issue. There is no indication that he 
has conducted any research or studies pertinent to the educational requirements for such positions (or 
parallel positions) in the Petitioner's industry for similar organizations, and no indication of 
recognition by professional organizations that she is an authority on those specific 
requirements. Her curriculum vitae does not ret1ect that she has published any works on the 
academic/experience requirements for market research analysts. 
10 
The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). U.S. 
Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Po/icv Guidance, Nonagric. Immigration 
Programs (rev. Nov. 2009). available at http://www. foreignlaborcert.doleta.gov/pdt/NPWHC _ 
Guidance __ Revised_ll_2009.pdf A prevailing wage determination stmis 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. 
.
Matter of E-A-. LLC 
Even assuming was an expert on degree requirements for market research analysts, her letter 
testimony does not substantiate her conclusions, such that we can conclude that the Petitioner has 
shouldered its burden of proof does not reference, cite, or discuss any studies, surveys, 
industry publications, authoritative publications, or other sources of empirical information which she 
may have consulted to complete her evaluation. 
As such, we find that opinion letter lends little probative value, and thus the Petitioner has 
not satisfied the first alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). Matter of Caron In!'!. 
19 I&N Dec. 791, 795 (Comm'r 1988) (providing that an adjudicator is not required to accept. or 
may give less weight to, an advisory opinion when it is ·'not in accord with other information or is in 
any way questionable."). 
The Petitioner also submits several job advertisements from other companies meant to demonstrate 
that there is a minimum bachelor's degree requirement for parallel market research analyst positions. 
However, we are unable to determine that these companies are similar to the Petitioner or that the 
submitted positions are parallel to the protiered position. For instance, the Petitioner provides little 
information on the size and revenue of these companies and how they compare to the Petitioner. 
Further, the Petitioner does not articulate or support how these companies are similar, and the 
companies appear to operate in differing industries such as hardware, finance, staffing, pest control, 
wine and spirits, government consulting, computing. and education. 
Moreover, a number of the job announcements are for positions which do not appear parallel to the 
market research analyst position proffered here. including job postings for an "experienced" market 
associate, an ecommerce business analyst, a junior data analyst, a business analyst and a marketing 
assistant. The Petitioner does not explain how these positions are parallel to the proffered position. 
This is particularly notable since the submitted job announcements ret1ect differing job titles. duties, 
technical focuses, and experience requirements. In addition, the job postings express varying degree 
requirements, including several announcements referencing no bachelor's degree requirement. while 
a number of others state that a general degree in business or business administration would suffice. 
11 
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 prong of 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A)(2). 
11 
As discussed, a minimum requirement of a general-purpose bachelor"s degree, such as a business administration 
degree, without more, will not justify a tlnding that a particular position qualifies for classification as a specialty 
occupation. See Royal Siam Corp., 484 F.3d at 147; cf. Michael Hert:::, 191&N Dec. at 560. 
9 
.
Malter of E-A-. LLC 
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. 
The Petitioner states several times on the record that the Beneficiary' s duties are "complex ," 
referring to the position as "high level," and involving one who can perform their duties with "'little 
guidance.'' The Petitioner also stated that the position requires ·'group leadership experience '' and 
"advanced computer skills.'' In response to the RFE, the Petitioner asserts that the position requir es 
the Beneficiary to "take different marketing aspects. including culture and demographic into 
consideration ," which "can only be provided by Bachelor's degree and more likely an advanced 
degree in higher education institution's graduate programs.'' 12 In addition , the Petitioner submits 
several examples of the Beneficiary 's work product , including product demand and profitabilit y 
analyses , examples of quantitative research , along with other similar work products. fn short. it 
appears that the Petitioner asserts that the position is more complex or unique than typical market 
research analyst positions. which as we have covered. do not typicall y require a specific bachel or' s 
degree for minimum entry. 
The Petitioner also provides another opinion letter from the owner of a company J-S-. stating that it 
provides "research tools for companies speciali zing in the marketplace.'' The owner of this 
company asserts that the Beneficiary has "researc h[ ed] opportunities and develop[ ed] product 
strategies" for both the Petitioner and .J-S- and opines that the Beneficiar y if '·one of a select few 
experts" using the company's software technolog y. He further indicat es that this knowledge doe s 
not come from training or work experience , but from "coursework in an advanced degree in 
marketing, communication or related area, including statistics. account planning, computers in 
communication research and other integrated marketing communication s curricula." 
We note that there are logical inconsistencies in the opinion of the owner of .1-S- explaining the 
expertise of the Beneficiary . The owner of .J-S- provides very few details related to the duties and 
responsibilities of the position in the context of the company's operation s. While the owner of .I-S­
provides a brief general description of the Petitioner's busines s activities and this company's 
interaction with .J-S-, he does not demonstrat e in-depth knowledg e of its operations or how the dutie s 
of the position would actually be performed in the context of its business enterprise. Jn fact. in 
apparent contradiction , the owner discusses the Beneficiary's expe1iise in its software, noting that 
she is "one of the few select experts.'' but also indicates that this knowledge could have not been 
acquired through prior training and experi ence. It is not clear without further explanation how the 
12 
As noted, the Petition characterized the proffered position as a Level I position but a master"s degree would require a 
higher wage level. See U.S. Dep't of Labor, E mp' t & Training Admin .. Prevailing Wage Determination Policy 
Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov 
/pdf/N PWHC_Guidance_Revised _ll _2009.pdf 
10 
Matter of E-A-, LLC 
Beneficiary, or any other individuaL would gain expertise in the software of a third party company 
without working directly with that company. The Petitioner has not credibly established that this 
knowledge could only be gained through a defined curriculum as part of a specific bachelor's degree 
program. 
Further, the record does not indicate whether the owner of J-S- was aware, as indicated by the Level 
I wage on the LCA, that the Petitioner considered the proffered position to be an entry-level market 
research analyst position for a beginning employee who has only a basic understanding of the 
occupation. In fact, the owner of J-S- refers to the position as '·complex"' and requiring ""expeliise:· 
while also indicating that the position requires advanced and unique knowledge of the clienrs 
software. However, the comments of the owner of J-S- do not indicate that he is fully aware of the 
duties and requirements of the position. In other words, the Petitioner has not demonstrated that the 
owner of J-S- possessed the requisite information to adequately assess the nature of the position: and 
therefore, its claimed complexity and unique nature. 
As such. we find that the opinion letter from the owner of J-S- lends little probative value. and thus the 
Petitioner also has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). Matter olCaron lnt'l, 19 I&N Dec. at 79L 795. 
The Petitioner does not clearly articulate why the Beneficiary's duties are complex or how they are 
different from other market research analysts placed in parallel positions in the industry. For 
instance, the Petitioner does not explain with specificity what about the Beneficiary's work product 
sets her apart from other market research analysts. Furthermore. the record does not sufficiently 
develop relative complexity or uniqueness as an aspect of the proffered position. 
Even though the Petitioner claims that the proffered position's duties are so complex and unique that 
a bachelor's degree or even a master's degree may be required. the Petitioner does not demonstrate 
how the market research analyst 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. We acknowledge that the Petitioner has submitted 
information on courses that would assist the Beneficiary in performing the duties of the position. 
However, while a few related courses may be beneficial in performing certain duties of the position. 
the Petitioner has not demonstrated how an established curriculum of such courses leading to a 
baccalaureate or higher degree in a specific specialty. or its equivalent, is required to perform the 
duties of the proffered position. 
Therefore, the evidence of record does not establish that this position is significantly different from 
other market research analyst positions such that it refutes the Handbook ·s information that there is a 
spectrum of preferred degrees acceptable for such positions. including degrees not in a specific 
specialty. As the Petitioner does not demonstrate how the proffered position of market research 
analyst is so complex or unique relative to other similar 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, the Petitioner has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
.
Matter of E-A-. 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. 
The record must establish that a petitioner ' s stated degree requirement is not a matter of preference 
for high-caliber candidates but is necessitated instead by performance requirements of the position. 
See Defensor , 201 F.3d at 387-88. Were we limited solely to reviewing a petitioner's claimed self­
imposed requirements , an organization could bring any individual with a bachelor's degree to the 
United States to perform any occupation as long as the petitioning entity created a token degree 
requirement. !d. Evidence provided in support of this criterion may include, but is not limited to, 
documentation regarding the Petitioner's past recruitment and hiring practices, as well as 
information regarding employees who previously held the position. 
The Petitioner submits IRS Forms W-2 , Wage and Tax Stat ements , and suppot1ing degree 
documentation relevant to two other market research analysts it states are employed by the company . 
However , the record lack s evidence establishing that their work has the same or similar substantive 
responsibilities, duties , and performance requirements as the proffered position. Further. the 
Petitioner's business was established in 2000. It did not provide the total number of people it has 
employed to serve in the proffered position. Consequently, it cannot be determined how 
representative the Petition er's claim regarding t11•o individuals is of the Petitioner's normal recruiting 
and hiring practices over a 16-year period. 
The Petitioner has not persua sively established that it normally requires at least a bachelor 's degree 
in a specific specialty, or its equivalent , for the position .13 Therefore , the Petitioner has not satisfied 
the criterion at 8 C.F.R . § 214.2(h)(4)(iii)(A)(J). 
D. Fourth Criterion 
The fourth criterion at 8 C.F .R. § 214.2(h)( 4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degr ee in a specific specialty, or 
its equivalent. 
The Petitioner states that the Beneficiary's duties are "specialized .'' However , the Petitioner does 
not articulate why the Beneficiary's duties are specialized or how they are different fi'om other 
market research analysts. The Petitioner has not demonstrated that the duties of the position are 
more specialized and complex than market analyst positions whose duties are not of a nature so 
13 
In support of this criterion. the Petitioner also submitted a copy of its job posting for the position of product marketing 
assoc1ate ~ but did not submit a posting for the proffered position. Therefore, without more, this 
information does not appear to be relevant to the instant matter. 
12 
Matter (~{E-A-. LLC 
specialized and complex that their performance requires knowledge usually associated with a degree 
in a specific specialty. We again 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 1 wage. 
and hence one not likely distinguishable by relatively specialized and complex duties. 
14 
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. The Petitioner has 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)( -/). 
IV. CONCLUSION 
The Petitioner has not demonstrated that the proffered position qualities as a specialty occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter (~f E-A-. LLC. 10# 794669 (AAO Dec. 27. 2017) 
14 
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 docs not definitively establish such a classification. In certain 
occupations (e.g., doctors or 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 requi;emcnts 
of section 214(i)( I) ofthe Act. 
I 3