dismissed H-1B Case: Market Research

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PUBLIC COPY 
FILE: EAC 04 144 53 149 Office: VERMONT SERVICE CENTER Date: Af'R 0 3 2006 
IN RE: Petitioner: 
Beneficiary 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 101(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
/ Robert P. Wiemann, 
' Administrative 
C. 
EAC 04 144 53 149 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The 
petition will be denied. 
The petitioner is a travel consortium that seeks to employ the beneficiary as a market research analyst. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to section 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. § 1 lOl(a)(l5)(H)(i)(b). 
The director denied the petition on the basis of his finding that the petitioner had failed to establish that the 
proposed position qualifies for classification as a specialty occupation. 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) the Form 1-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
Section 214(i)(l) of the Immigration and Nationality Act (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 term "specialty occupation" is further defined at 8 C.F.R. $ 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, 
architecture, engineering, mathematics, physical sciences, social sciences, medicine and 
health, education, business specialties, accounting, law, theology, and the arts, and which 
requires the attainment of a bachelor's degree or higher in a specific specialty, or its 
equivalent, as a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. 
 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) 
 A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) 
 The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its particular 
position is so complex or unique that it can be performed only by an individual with 
a degree; 
(3) 
 The employer normally requires a degree or its equivalent for the position; or 
EAC 04 144 53149 
Page 3 
(4) 
 The nature of the specific duties is so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
ij 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. 
In its February 2, 2004 letter of support, the petitioner stated that the duties of the proposed position 
would include researching current market conditions to determine the potential for sales and services; 
reviewing and analyzing routes offered by carriers; gathering data on competitors; analyzing prices and 
methods of marketing; and assisting in the expansion and organization of the existing business. 
The director denied the petition, finding that the petitioner had satisfied none of the criteria set forth at 
8 C.F.R. ij 214.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for 
classification as a specialty occupation. 
In determining whether a proposed position qualifies as a specialty occupation, CIS looks beyond the title 
of the position and determines, from a review of the duties of the position and any supporting evidence, 
whether the position actually requires the theoretical and practical application of a body of highly 
specialized knowledge, and the attainment of a baccalaureate degree in a specific specialty, as the 
minimum for entry into the occupation as required by the Act. The AAO routinely consults the 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
The 2006-2007 edition of the Handbook states the following with regard to the employment of market 
research analysts: 
Market, or marketing, research analysts are concerned with the potential sales of a 
product or service. Gathering statistical data on competitors and examining prices, sales, 
and methods of marketing and distribution, they analyze statistical data on past sales to 
predict future sales. Market research analysts devise methods and procedures for 
obtaining the data they need. Often, they design telephone, mail, or Internet surveys to 
assess consumer preferences. They conduct some surveys as personal interviews, going 
door-to-door, leading focus group discussion, or setting up booths in public places such 
as shopping malls. Trained interviewers, under the market research analyst's direction, 
usually conduct the surveys. 
After compiling and evaluating the data, market research analysts make 
recommendations to their client or employer based upon their findings. They provide a 
company's management with information needed to make decisions on the promotion, 
distribution, design, and pricing of products or services. The information also may be 
used to determine the advisability of adding new lines of merchandise, opening new 
branches, or otherwise diversifying the company's operations. Market research analysts 
might also develop advertising brochures and commercials, sales plans, and product 
promotions such as rebates and giveaways. 
The Handbook states the following with regard to the educational qualifications necessary for entry into 
this field: 
EAC 04 144 53149 
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A bachelor's degree is the minimum educational requirement for many market and 
survey research jobs. However, a master's degree may be required, especially for 
technical positions, and increases opportunities for advancement to more responsible 
positions. Also, continuing education is important in order to keep current with the latest 
methods of developing, conducting, and analyzing surveys and other data. Market and 
survey researchers may earn advanced degrees in business administration, marketing, 
statistics, communications, or some closely related discipline. Some schools help 
graduate students find internships or part-time employment in government agencies, 
consulting firms, financial institutions, or marketing research firms prior to graduation. 
In addition to completing courses in business, marketing, and consumer behavior, 
prospective market and survey researchers should take other liberal arts and social 
science courses, including economics, psychology, English, and sociology. Because of 
the importance of quantitative skills to market and survey researchers, courses in 
mathematics, statistics, sampling theory and survey design, and computer science are 
extremely helpful. Many corporation and government executives have a strong 
background in marketing. 
As the Handbook finds that market research analyst positions impose no specific degree requirement on 
individuals seeking employment in the field, the petitioner has not established that its proposed market 
research analyst position requires the beneficiary to hold a baccalaureate or higher degree, or its 
equivalent, in a specific specialty. When a range of degrees, e.g., the liberal arts, or a degree of generalized 
title without further specification, e.g., business administration, can perform a job, the position does not 
qualify as a specialty occupation. Matter of Michael Hertz Associates, 19 I&N Dec. 558 (Comm. 1988). The 
petitioner has not indicated that the position is a technical market research analyst for which a master's degree 
would be required. To prove that a job requires the theoretical and practical application of a body of 
specialized knowledge as required by Section 2 14(i)(l) of the Act, a petitioner must establish that the position 
requires the attainment of a bachelor's or higher degree in a specialized field of study. As noted previously, 
CIS interprets the degree requirement at 8 C.F.R. 5 214.2(h)(4)(iii)(A) to require a degree in a specific 
specialty that is directly related to the proposed position. Accordingly, the petitioner has not established its 
proposed position as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I). 
Nor does the proposed position qualify as a specialty occupation under either alternative prong of 
8 C.F.R. fj 214.2(h)(4)(iii)(A)(2). The first prong of this regulation requires a showing that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. However, no 
evidence has been submitted to verify, nor has the petitioner contended, that the position qualifies under this 
prong. 
Accordingly, the proposed position does not qualify as a specialty occupation under the first prong of 
8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(2). 
The AAO also concludes that the record does not establish that the proposed position is a specialty 
occupation under the second prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2), which requires a showing that the 
position is so complex or unique that it can only be performed by an individual with a degree. It finds no 
evidence that would support such a finding, as the position proposed in the petition is similar to the 
market research analyst position described in the Handbook, which does not require a degree in a specific 
field. 
EAC 04 144 53149 
Page 5 
Accordingly, the petitioner has not established its proposed position as a specialty occupation under either 
prong of 8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(2). 
Nor does the proposed position qualify as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3), 
which requires a showing that the petitioner normally requires a degree or its equivalent for the proposed 
position. To determine a petitioner's ability to meet this criterion, the AAO normally reviews the petitioner's 
past employment practices, as well as the histories, including names and dates of employment, of those 
employees with degrees who previously held the position, and copies of those employees' diplomas. On 
appeal, the petitioner states that this is the first time that it has hired a dedicated market research analyst. 
Thus, the proposed position cannot qualify under this criterion. 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), which requires a 
demonstration that the nature of the specific duties is so specialized and complex that knowledge required 
to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. 
A review of the duties of the proposed position does not lead to a conclusion that they would require the 
beneficiary to require a higher degree of knowledge and skill than that normally expected of market 
research analysts who routinely undertake a range of demanding and complex business activities. 
Therefore, the duties do not appear so specialized and complex as to require the highly specialized 
knowledge associated with a baccalaureate or higher degree, or its equivalent, in a specific specialty. 
There is no information in the record to support a finding that the proposed position is more specialized and 
complex than the market research analyst positions for which the Handbook indicates no requirement for the 
highly specialized knowledge associated with at least a bachelor's degree in a specific specialty. The duties 
as described by the petitioner do not reflect a higher degree of knowledge and skill than would normally 
be required of market research analysts who routinely work in highly complex environments. Therefore, 
the evidence does not establish that the proposed position is a specialty occupation under 8 C.F.R. 
5 2 1 4.2(h)(4)(iii)(A)(4). 
The petitioner has failed to establish that the position qualifies for classification as a specialty occupation 
under any of the criteria set forth at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I), (2), (3), and (4). As the proposed 
position is not a specialty occupation, the beneficiary's qualifications to perform its duties are immaterial. 
Accordingly, the AAO will not disturb the director's denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 1361. The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.