dismissed H-1B Case: Market Research

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-B- LLC 
Non- Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 29,2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a radio broadcasting firm with three employees, seeks to employ the Beneficiary as a 
full-time "Market Research Analyst" under the H-1B nonimmigrant classification. See Immigration 
and Nationality Act (the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, 
California Service Center, denied the petition. The matter is now before us on appeal. The appeal 
will be dismissed. 
I. ISSUE 
The issue before us is whether the proffered positiOn qualifies as a specialty occupation m 
accordance with the applicable statutory and regulatory provisions. 1 
II. SPECIALTY OCCUPATION 
A. 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.P.R.§ 214.2(h)(4)(ii) states, in pertinent part, the following: 
1 We conduct appellate review on a de novo basis. Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 20 15); see 
also 5 U.S.C. § 557(b) ("On appeal from or review of the initial decision, the agency has all the powers which it would 
have in making the initial decision except as it may limit the issues on notice or by rule."); Dar v. INS, 891 F.2d 997, 
1002 n.9 (2d Cir. 1989). 
Matter of A-B- LLC 
Specialty occupation means an occupation which [ ( 1)] 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 [(2)] 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, a proposed 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 
(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. 
As a threshold issue, it is noted that 8 C.F.R. § 214.2(h)(4)(iii)(A) must logically be read together 
with section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). In other words, this regulatory 
language must be construed in harmony with the thrust of the related provisions and with the statute 
as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (holding that construction 
of language which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Fed. Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter ofW-F-, 
21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(iii)(A) should 
logically be read as being necessary but not necessarily sufficient to meet the statutory and 
regulatory definition of specialty occupation. To otherwise interpret this section as stating the 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
particular positions meeting a condition under 8 C.F.R. § 214.2(h)(4)(iii)(A) but not the statutory or 
regulatory definition. See Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). To avoid this 
result, 8 C.F.R. § 214.2(h)(4)(iii)(A) must therefore be read as providing supplemental criteria that 
must be met in accordance with, and not as alternatives to, the statutory and regulatory definitions of 
specialty occupation. 
As such and consonant with section 214(i)(1) of the Act and the regulation at 8 C.F.R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets the 
term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or 
2 
Matter of A-B- LLC 
higher degree, but one in a specific specialty that is directly related to the proffered 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"). Applying this standard, USCIS regularly approves H -1 B petitions for qualified 
individuals who are to be employed as engineers, computer scientists, certified public accountants, 
college professors, and other such occupations. These professions, for which petitioners have 
regularly been able to establish a minimum entry requirement in the United States of a baccalaureate 
or higher degree in a specific specialty, or its equivalent, directly related to the duties and 
responsibilities of the particular position, fairly represent the types of specialty occupations that 
Congress contemplated when it created the H -1 B visa category. 
To determine whether a particular job qualifies as a specialty occupation, USCIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of 
the petitioning entity's business operations, are factors to be considered. USCIS must examine the 
ultimate employment of the individual, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor v. Meissner, 201 F. 3d 384. The critical element is not the title 
of the position or an employer's self-imposed standards, but whether the position actually requires 
the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into 
the occupation, as required by the Act. 
B. The Proffered Position 
The Petitioner claims in the labor condition application (LCA) submitted to support the visa petition 
that the proffered position is a market research analyst position and corresponds to Standard 
Occupational Classification (SOC) code and title 13-1161, Market Research Analysts and Marketing 
Specialists, from the Occupational Information Network (O*NET). 
In a letter dated April 20, 2015, the Petitioner provided the following duties for the proffered 
position (verbatim): 2 
2 In that same letter, the Petitioner provided a list of services the Petitioner will provide to its clients. In a letter dated 
January 7, 2015, the Petitioner provided a duty description. However, the introduction to that description makes clear 
that it is a description of market research analysts in general. Further, that same duty description appears on the O*NET 
OnLine website. We note that simply copying a job description from O*NET (or another source) is not sufficient for 
establishing H-1 B eligibility. While this type of generalized description may be appropriate when defining the range of 
duties 'that may be performed within an occupational category, it generally cannot be relied upon by a petitioner when 
discussing the duties attached to specific employment for H-1 B approval. That is, the description for an occupational 
category fails to adequately convey the substantive work that a beneficiary will perform within a petitioner's business 
operations and, thus, generally cannot be relied upon by a petitioner when discussing the duties attached to specific 
employment. More specifically, in establishing a position as a specialty occupation, a petitioner must describe the 
specific duties and responsibilities to be performed by a beneficiary in the context of its business operations, as well as 
demonstrate a legitimate need for such an employee exists, and substantiate that it has H-lB caliber work for the 
beneficiary for the period of employment requested in the petition. 
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Matter of A-B- LLC 
1) Develop[] detailed marketing strategies for the clients, and stay abreast of the 
latest trends in various industries; Research market conditions in local, 
demographic and regional and national areas to determine potential increase in 
business. 
2) Establish research methodologies and design formats for data gathering such as 
surveys, opinion polls, or questionnaires; 
3) Examine and analyze research data to forecast future trends in the industry; 
4) Collect, compile, classify and analyze data on customer preferences; 
5) Analyze the design, promotion, price and distribution of the clients products in 
order to ensure increased sales and profitability; 
6) Identify and define market opportunities in order to focus, create and implement 
appropriate strategies and responses; 
7) Generate, refine and evaluate marketing actions and strategies; 
8) Monitor the marketing performance and study marketing strategies to determine 
their effectiveness, research the benefits of media advertising, measure response 
from various media in on-going campaigns; 
9) Provide the clients management with information and advice to make decisions 
on the promotion, distribution, design and pricing of the clients product and 
services; Interface with executive and other managerial staff to determine 
feasibility and appropriateness of marketing strategies; 
1 0) Determine the advisability of focusing on new material and stories. Perform 
feasibility studies to improve marketing plans and to increase market share; 
11) Gather data on clients competitors and analyze prices, sales and methods of 
marketing and distribution to determine the demand for products and services 
by the company as well as competitors to identify potential customers (business 
firms, retailers, government and general public; and 
12) Collect data on customer preferences, study various factors such as region, 
reader cultural and economic profile accordingly in that area. 
13) Monitoring the market performance and studying marketing strategies, and 
conducting profitability studies to support development and investment 
opportunities with a view towards modifying and improving tactics to increase 
sales and overall market share of the clients services or products. 
The Petitioner stated that the minimum educational requirement in its industry for a position like that 
proffered in the instant case is a bachelor's degree in economics or marketing. 
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Matter of A-B- LLC 
C. Analysis 
A baccalaureate or higher degree in a specific specialty, or its equivalent, is 
normally the minimum requirement for entry into the particular position 
We will first discuss the record of proceedings in relation to the criterion at 8 C.P.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. 
As was noted above, the Petitioner claims in the LCA that the proffered position corresponds to SOC 
code and title 13-1161, Market Research Analysts and Marketing Specialists, from the Occupational 
Information Network (O*NET). 
We recognize the U.S. Department of Labor's Occupational Outlook Handbook (Handbook), cited 
by the Petitioner, as an authoritative source on the duties and educational requirements of the wide 
variety of occupations that it addresses.3 The Handbook states, in pertinent part, the following about 
the educational requirements of market research analyst positions: 
Most market research analysts need at least a bachelor's degree. Top research 
positions may reqmre a master's degree. Strong math and analytical skills are 
essential. 
Education 
Market 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. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics or consumer 
behavior, are also important. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion and 
3 The Handbook, which is available in printed form, may also be accessed on the Internet, at http://www.bls.gov/oco/. 
Our references to the Handbook are to the 2016-2017 edition available online. 
Matter of A-B- LLC 
marketing research. Individuals must complete 20 hours of industry-related 
continuing education courses every 2 years to renew their certification. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
"Market Research Analysts," http://www. bls.gov/oohlbusiness-and- financial/market -research­
analysts.htm#tab-4 (last visited Jan. 27, 20 16). 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. That is, while the Handbook states that employees typically need a bachelor's 
degree in market research or a related field, it continues by specifying that many market research 
analysts have degrees in fields such as statistics, math, or computer science. According to the 
Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
It further elucidates that courses in communications and social sciences (such as economics or 
consumer behavior) are also important. Therefore, although the Handbook indicates that market 
research analysts typically need an advanced degree, it also indicates that degrees and backgrounds 
in various fields are acceptable for jobs in this occupation - including computer science and the 
social sciences, as well as statistics and communications. 
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)(l )(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 disparate fields, such as 
philosophy and engineering, 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.4 Section 
214(i)(l)(B) ofthe Act (emphasis added). 
The Handbook also states that "others have a background in business administration." Although a 
general-purpose bachelor's degree, such as a degree in business administration, may be a legitimate 
prerequisite for a particular position, requiring such a degree, without more, will not justify a finding 
4 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. 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 A-B- LLC 
that a particular position qualifies for classification as a specialty occupation. See Royal Siam Corp. 
v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007).5 
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 administration, without further 
specification, does not establish the position as a specialty occupation. Cf Matter of Michael Hertz 
Associates, 19 I&N Dec. 558 (Comm'r 1988). Therefore, the Handbook's recognition that a general, 
non-specialty "background" in business administration is sufficient for entry into the occupation 
strongly suggests that a bachelor's degree in a specific specialty 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. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
credential is granted by the Marketing Research Association to those who pass an exam and have at 
least three years of experience working in opinion and market research. 6 
We reviewed the Marketing Research Association's website, which confirms the Handbook's 
statement regarding the requirements for professional certification (i.e., passage of an exam and 
three years of relevant industry experience), and further specifies that the "Education" necessary to 
apply for professional certification is "12 industry-related education hours within the two preceding 
years." The Marketing Research Association website provides the following information about the 
Professional Researcher Certification program: 
The Professional Researcher Certification program (PRC) is designed to recognize 
5 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
!d. 
[t]he courts and the agency consistently have stated that, although a general-purpose bachelor's degree, 
such as a business administration degree, may be a legitimate prerequisite for a particular position, 
requiring such a degree, without more, will not justify the granting of a petition for an H-1 8 specialty 
occupation visa. See, e.g., Tapis lnt'l v. INS, 94 F.Supp.2d 172, 175-76 (D.Mass.2000); Shanti, 36 F. 
Supp.2d at 1164-66; cf Matter of Michael Hertz Assocs., 19 I & N Dec. 558, 560 ([Comm'r] 1988) 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
6 The Marketing Research Association website states that the association was founded in 1957 and is the 
leading and largest association of opinion and marketing research professions. For additional information, see 
http://www.marketingresearch.org/information (last visited Jan. 27, 20 16). 
Matter of A-B- LLC 
the qualifications and expertise of marketing and opinion research professionals. The 
goal of PRC is to encourage high standards within the survey profession to raise 
competency, establish an objective measure of an individual's knowledge and 
proficiency and to encourage professional development. Achieving and maintaining 
PRC validates the knowledge of the market research industry and puts researchers in 
a select group of like-minded professionals. 
* * * 
Because PRC indicates to the public your ability to conduct marketing research, the 
PRC Board requires [a candidate] to have experience in the survey and opinion 
process. Three years of relevant experience is required. . . . A total of 12 industry­
related education hours within the two preceding years are required at time of 
application. Conferences, seminars, webinars, etc., must be added to [the candidate's] 
record. 
* * * 
The benefits of a Certification program are both industry-wide and individual. For the 
individual, it is a means of differentiating oneself, a "badge" of competence in the 
given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
Marketing Research Ass'n, http://marketingresearch.org/prc-faq (last visited Jan. 27, 2016). 
The Marketing Research Association emphasizes that the credentialing program recognizes the 
qualifications and expertise of marketing and opinion research professionals, encourages high 
standards within the profession, and establishes an objective measure of an individual's knowledge 
and proficiency. According to the association's website, the credential indicates to the public an 
individual's ability to conduct market research. The narrative continues by stating that the credential 
provides a vehicle for developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. The website does not indicate that the market 
research analyst positions have any particular academic requirements for entry, nor does it indicate 
that these positions require any particular level of education to be identified as qualified and 
possessing a level of expertise/competence. Instead, the Marketing Research Association highlights 
the importance of professional experience and industry-related professional courses (through 
conferences, seminars, and webinars). 
Thus, the Handbook and the Marketing Research Association website do not support the claim that 
the occupational category "Market Research Analysts" is one for which normally the minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty, or its 
equivalent. Even if it did, to satisfy the first criterion, the Petitioner must provide evidence to 
0 
Matter of A-B- LLC 
support a finding that the particular position proffered would normally have such a mm1mum, 
specialty degree requirement or its equivalent. 
On appeal, the Petitioner asserts, "There is no requirement in the regulations that the specialized 
study need to be in a single academic discipline." The Petitioner's assertion is correct. To satisfy 
the specialty occupation requirements, both the Act and the regulations require a bachelor's degree 
in a specific specialty, or its equivalent, and this language indicates that the degree does not have to 
be a degree in a single specific specialty. 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)(l )(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 disparate fields, such as philosophy and engineering, would not 
meet the statutory requirement that the degree be "in the specific specialty (or its equivalent)," unless 
it is established that 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) (emphasis added). 
In addition to citing to the Handbook, the Petitioner observed that the DOL's Dictionary of 
Occupational Titles (DOT) includes market research analyst positions in Specific Vocational 
Preparation (SVP) Level 7. 
The DOT does not support the assertion that assignment of an SVP rating of 7 is indicative of a 
specialty occupation. This conclusion is apparent upon reading Section II of the DOT's Appendix 
C, Components of the Definition Trailer, which addresses the SVP rating system.7 The section 
reads: 
II. SPECIFIC VOCATIONAL PREPARATION (SVP) 
Specific Vocational Preparation is defined as the amount of lapsed time required by a 
typical worker to learn the techniques, acquire the information, and develop the 
facility needed for average performance in a specific job-worker situation. 
This training may be acquired in a school, work, military, institutional, or vocational 
environment. It does not include the orientation time required of a fully qualified 
worker to become accustomed to the special conditions of any new job. Specific 
vocational training includes: vocational education, apprenticeship training, in-plant 
training, on-the-job training, and essential experience in other jobs. 
7 The Appendix can be found at the following Internet site: http://www.oalj.dol.gov/PUBLIC/DOT/ 
REFERENCES/DOTAPPC.HTM. 
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Matter of A-B- LLC 
Specific vocational training includes training given m any of the following 
circumstances: 
a. Vocational education (high school; commercial or shop training; technical school; 
art school; and that part of college training which is organized around a specific 
vocational objective); 
b. Apprenticeship training (for apprenticeable jobs only); 
c. In-plant training (organized classroom study provided by an employer); 
d. On-the-job training (serving as learner or trainee on the job under the instruction of 
a qualified worker); 
e. Essential experience in other jobs (serving in less responsible jobs which lead to 
the higher grade job or serving in other jobs which qualify). 
The following is an explanation of the various levels of specific vocational 
preparation: 
Level 
1 
2 
3 
4 
5 
6 
7 
8 
9 
Time 
Short demonstration only 
Anything beyond short demonstration up to and including 1 month 
Over 1 month up to and including 3 months 
Over 3 months up to and including 6 months 
Over 6 months up to and including 1 year 
Over 1 year up to and including 2 years 
Over 2 years up to and including 4 years 
Over 4 years up to and including 10 years 
Over 1 0 years 
Note: The levels of this scale are mutually exclusive and do not overlap. 
Thus, an SVP rating of 7 does not indicate that at least a four-year bachelor's degree is required, or 
more importantly, that such a degree must be in a specific specialty closely related to the occupation 
to which this rating is assigned. Therefore, the DOT information is not probative of the proffered 
position qualifying as a specialty occupation. 
In the appeal, the Petitioner also cites to a district court case, Raj and Company v. USCIS, 85 F. 
Supp. 3d 1241 (W.D. Wash. 2015), and claims that it is relevant here. 8 In the district court case, the 
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. See Matter 
10 
Matter of A-B- LLC 
employer designated the position as a "Marketing Analyst & Specialist" position.9 We reviewed the 
decision; however, there is insufficient indication that aspects of the work such as the duties and 
responsibilities, level of judgment, complexity of the job duties, supervisory duties, independent 
judgment required or the amount of supervision received are analogous to the proffered position 
here. 10 Accordingly, aside from the claimed occupational category, there is no 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 USC IS'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 specialized, 
as opposed to merely educated, workers." The court stated that the regulatory provisions do not 
restrict qualifying occupations to those for which there exists a single, specifically tailored and titled 
degree program; but rather, the statute and regulations contain an equivalency provision. 11 
In Raj, the court concluded that the employer met the first criterion. We must note, however, that 
the court stated that "[t]he first regulatory criterion requires the agency to examine the generic 
position requirements of a market research analyst in order to determine whether a specific 
bachelor's degree or its equivalent is a minimum requirement for entry into the profession." Thus, 
the decision misstates the regulatory requirement. That is, the first criterion requires the Petitioner to 
establish that a baccalaureate or higher degree (in a specific specialty) or its equivalent is normally 
the minimum requirement for entry into the particular position. 
Consequently, if the court meant to suggest that any position classified under the occupational 
category "Market Research Analysts" would, as it stated, "come within the first qualifying criteria" -
we must disagree.12 The occupational category designated by a petitioner is considered as an aspect 
in establishing the general tasks and responsibilities of a proffered position, and USCIS regularly 
reviews the Handbook on the duties and educational requirements of the wide variety of occupations 
of K-S-, 20 I&N Dec. 715 (BIA 1993). Although the reasoning underlying a district judge's decision will be given due 
consideration when it is properly before us, the analysis does not have to be followed as a matter oflaw. !d. at 719. 
9 It is important to note and distinguish within the court's decision that "Marketing Analyst & Specialist" refers to the 
employer's particular position, whereas "Market Research Analysts" refers to a general occupational category. 
10 
We note that the service center director's decision was not appealed to our office. Based on the district court's 
findings and description of the record, ifthat matter had first been appealed through the available administrative process, 
we may very well have remanded the matter to the service center for a new decision in our de novo review of the matter. 
11 We agree with the court that a specialty occupation is one that requires the attainment of a bachelor's or higher degree 
in a specific specialty or its equivalent. We further note that a petitioner must also demonstrate that the position requires 
the theoretical and practical application of a body of highly specialized knowledge in accordance with section 
214(i)(l)(B) of the Act and 8 C.F.R. § 214.2(h)(4)(ii), and satisfy one of the four criterion at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A). 
12 In Raj, the court quoted a brief excerpt from the Handbook; however, the quotation is from the 2012-2013 edition 
rather than the current 2016-2017 edition (which contains several revisions). Further, we observe that the court did not 
address the section of the Handbook indicating that there are no specific degree requirements to obtain the Professional 
Researcher Certification credential and to work as a market research analyst. 
11 
Matter of A-B- LLC 
that it addresses. However, to satisfy the first criterion, 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. That is, to determine whether a 
particular job qualifies as a specialty occupation, USCIS does not simply rely on a position's title or 
designated occupational category. The specific duties of the proffered position, combined with the 
nature of the petitioning entity's business operations, are factors to be considered. USCIS must 
examine the ultimate employment of the beneficiary, and determine whether the position qualifies as 
a specialty occupation. See generally Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000). 
Nevertheless, it is important to note that the court in Raj determined that the evidence in the record 
demonstrated that the particular position proffered required a bachelor's degree in market research or 
its equivalent as a minimum for entry. Further, the court noted that "[t]he patently specialized nature 
of the position sets it apart from those that merely require a generic degree." The position in Raj 
can, therefore, be distinguished from the instant position. 13 Here, 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)(J). 
The requirement of a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is common to the industry in parallel 
positions among similar organizations 
Next, we will review the record regarding the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). This prong alternatively calls for a petitioner to establish that a requirement 
of a bachelor's or higher degree in a specific specialty, or its equivalent, is common for positions 
that are: (1) in the petitioner's industry, (2) parallel to the proffered position, and also (3) located in 
organizations that are similar to the petitioner. 
13 The Petitioner also cited other court cases for the proposition that that a position may qualify for treatment as a 
specialty occupation position even though "a specifically tailored baccalaureate program is not typically available for a 
given field." Although those decisions have no precedential value in the instant matter, we do not dispute that finding. 
However, the critical element is not the title of the position, but whether performance of the position has been shown to 
actually require the theoretical and practical application of a body of highly specialized knowledge and the attainment of 
a baccalaureate or higher degree in a specific specialty as the minimum for entry into the occupation as required by the 
Act. 
The Petitioner also cited one of our decisions issued in 2010. In that matter, the Petitioner petitioned for a market 
research analyst. While 8 C.F.R. § 103.3(c) provides that our precedent decisions are binding on all USCIS employees 
in the administration of the Act, unpublished decisions are not similarly binding. Although the case cited appears to 
pertain to a position in the same occupational category, market research analysts, it does not stand for the proposition 
that all market research analyst positions qualify as specialty occupation positions. This is especially true given that the 
unpublished decision cited pertains to a petition under section 203(b)(2) of the Act for a member of the professions 
holding an advanced degree or its equivalent. lt does not include a finding that the position in that case, or any other 
position, qualifies as a specialty occupation position. 
12 
Matter of A-B- LLC 
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. Sava, 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. 
The Petitioner did submit letters from other media companies. However, the letters do not 
adequately demonstrate that any of the companies are similar organizations to the Petitioner. The 
record of proceedings lacks sufficient information to conduct any meaningfully substantive 
comparisons of the business operations of those companies to the Petitioner. The Petitioner has not 
provided any supplemental information to establish that the organizations are similar to the 
Petitioner. Thus, from the onset, this prong of the regulations has not been established. 
More specifically, for the Petitioner to establish that an organization is similar, it must demonstrate 
that the Petitioner and the organization share the same general characteristics. Without such 
evidence, documentation submitted by a petitioner is generally outside the scope of consideration for 
this criterion, which encompasses only organizations that are similar. When determining whether 
the Petitioner and an organization share the same general characteristics, such factors may include 
information regarding the nature or type of organization, and, when pertinent, the particular scope of 
operations, as well as the level of revenue and staffing (to list just a few elements that may be 
considered). It is not sufficient for the Petitioner to claim that an organization is similar and in the 
same industry without providing a legitimate basis for such an assertion. "[G]oing on record without 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings." In re So.ffici, 22 I&N Dec. 158, 165 (Comm'r 1998) (citing Matter o.fTreasure 
Craft of Cal., 14 I&N Dec. 190 (Reg'l Comm'r 1972)). 
Further, with respect to the first letter, the president of a company in the "media business" stated that 
his company is similar in size to the Petitioner and that he has observed that "it is becoming essential 
for such industries in California to employ marketing analysts with a bachelor's Degree in marketing 
or its equivalent." 14 That letter does not state that the industry currently requires a bachelor's degree, 
only that a bachelor's degree is "becoming essential." Further, the writer did not reveal how he 
reached his conclusion about the industry in general. He did not even reveal whether his company 
14 The Petitioner is located in California. 
13 
Matter of A-B- LLC 
employs a market research analyst, or has ever employed anyone in such a position or, if it has, what 
their educational qualifications were. It provides no indication that the writer's company routinely 
employs and recruits only degreed individuals for their market research analyst positions. 
The second letter from the chairman and CEO of a "media and broadcasting company" says that it 
has employed "Marketing Analysts" in the past, but only that those employees have had "bachelor's 
degree[ s ]" without further specifying that the degrees were in any specific specialty. The third letter 
from the president and CEO of a company that is described as a "multicultural firm" that "provides 
consulting services such as marketing, public relations etc." states that a position such as the 
proffered position "does indeed require that the person holding that position have at least a 
bachelor's degree." Later in the same letter, the letter writer states that "I have seldom come across 
anyone who has been charged with the responsibilities of a Marketing Analyst, who does not have at 
least a bachelor's degree in Marketing." Similar to the first letter, the writer did not reveal how she 
reached her conclusion about the industry in general. She did not reveal whether her company 
employs a market research analyst, or has ever employed anyone in such a position or, if it has, what 
their educational qualifications were. This letter provides no indication that the writer's company 
routinely employs and recruits only degreed individuals for market research analyst positions. 
The Petitioner also submitted Internet vacancy announcements placed by other companies. The 
titles of the positions announced include marketing analyst, analyst-marketing, and similar titles. 
The announcements, however, do not establish that the degree requirement is common to the 
industry in parallel positions among similar organizations. First, we note that the Petitioner did not 
provide any independent evidence of how representative these job advertisements are of the 
particular advertising employers' recruiting history for the type of jobs advertised. Further, as they 
are only solicitations for hire, they are not evidence of the employers' actual hiring practices. 
Second, upon review of the advertisements, they do not provide sufficient information about the 
advertising organizations to establish that they are similar to the Petitioner. Without such evidence, 
these advertisements are generally outside the scope of consideration for this criterion, which 
encompasses only organizations that are similar to the Petitioner. Moreover, the descriptions of 
responsibilities in the advertisements are generally perfunctory and do not provide sufficient 
information to determine the role the successful applicant will play in the advertising organization or 
the level of responsibility that will be required of the successful applicant. 
Additionally, at least one of the vacancy announcements provided states that the position requires a 
bachelor's degree, but not that it requires a degree in any specific specialty. Another announcement 
states that a bachelor's degree in marketing, economics, or mathematics is preferred for the position, 
but not that it is required. Clearly, a preference is not minimum requirement. Those vacancy 
announcements do not indicate that a market research analyst positions requires a minimum of a 
bachelor's degree in a specific specialty or its equivalent. 
Finally, even if all of the vacancy announcements were for parallel positions with organizations 
similar to the Petitioner and in the Petitioner's industry and required a minimum of a bachelor's 
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Matter of A-B- LLC 
degree in a specific specialty or its equivalent, the Petitioner has not demonstrated what statistically 
valid inferences, if any, can be drawn from the announcements provided with regard to the common 
educational requirements for entry into parallel positions in similar organizations. 15 
Thus, the evidence of record does not establish 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. The Petitioner has not, therefore, 
satisfied the criterion ofthe first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
The particular position is so complex or unique that it can be performed only by 
an individual with a baccalaureate or higher degree in a 
specific specialty, or its equivalent 
The evidence of record also does not satisfy the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2), which provides that "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." A review of the 
record of proceedings indicates that the Petitioner has not credibly demonstrated that the duties the 
Beneficiary will be responsible for or perform on a day-to-day basis constitute a position so complex 
or unique that it can only be performed by a person with at least a bachelor's degree in a specific 
specialty, or its equivalent. Even when considering the Petitioner's general descriptions of the 
proffered position's duties, the evidence of record does not establish why a few related courses or 
industry experience alone is insufficient preparation for the proffered position. While a few related 
courses may be beneficial, or even required, 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. The description of the duties does not specifically identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. The 
record lacks sufficiently detailed information to distinguish the proffered position as more complex 
or unique from other positions that can be performed by persons without at least a bachelor's degree 
in a specific specialty, or its equivalent. 
Therefore, the evidence of record does not establish that this position is significantly different from 
other positions in the occupation such that it refutes the Handbook's information to the effect that 
there is a spectrum of degrees acceptable for such positions, including degrees not in a specific 
specialty. In other words, the record lacks sufficiently detailed information to distinguish the 
15 USCIS "must examine each piece of evidence for relevance, probative value, and credibility, both individually and 
within the context of the totality of the evidence, to determine whether the fact to be proven is probably true." Matter of 
Chawathe, 25 I&N Dec. 369, 376 (AAO 201 0). As discussed, the Petitioner has not established the relevance of the job 
advertisements submitted to the position proffered in this case. Even if their relevance had been established, the 
Petitioner still would not have demonstrated what inferences, if any, can be drawn from these few job postings with 
regard to determining the common educational requirements for entry into parallel positions in similar organizations in 
the same industry. See generally Earl Babbie, The Practice of Social Research 186-228 (1995). 
15 
Matter of A-B- LLC 
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. As the Petitioner did not 
demonstrate how the proffered position is so complex or unique relative to other positions within the 
same occupational category 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). 
The employer normally requires a baccalaureate or higher degree in a 
specific specialty, or its equivalent, for the position 
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. To 
this end, we usually review a petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position. 
The Petitioner has not expressly asserted eligibility nor submitted evidence under this criterion and 
provided insufficient evidence that it has ever previously employed a market research analyst or, if it 
has, what that person's qualifications were. While a first-time hiring for a position is certainly not a 
basis for precluding a position from recognition as a specialty occupation, it is unclear how an 
employer that has never recruited and hired for the position would be able to satisfy the criterion at 8 
C.F.R. § 214.2(h)(4)(iii)(A)(3), which requires a demonstration that it normally requires at least a 
bachelor's degree in a specific specialty or its equivalent for the position. We cannot conclude that 
the Petitioner has satisfied the third criterion of 8 C.F.R. § 214.2(h)( 4)(iii)(A). 16 
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 in a spec~fic specialty, or its equivalent 
Finally, we will address the alternative criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4), which is 
satisfied if the evidence of record establishes that the nature of the specific duties is so specialized 
and complex that knowledge required to perform them is usually associated with the attainment of a 
baccalaureate or higher degree in a specific specialty or its equivalent. In the instant case, relative 
specialization and complexity have not been sufficiently developed by the Petitioner as an aspect of 
16 While a petitioner may believe or otherwise assert that a proffered position requires a degree in a specific specialty, 
that opinion alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing a petitioner's claimed self-imposed requirements, then any individual with a bachelor's 
degree could be brought to the United States to perform any occupation as long as the employer artificially created a 
token degree requirement, whereby all individuals employed in a particular position possessed a baccalaureate or higher 
degree in the specific specialty, or its equivalent. See Defensor v. Meissner, 201 F. 3d at 387. In other words, if a 
petitioner's degree requirement is only symbolic and the proffered position does not in fact require such a specialty 
degree, or its equivalent, to perform its duties, the occupation would not meet the statutory or regulatory definition of a 
specialty occupation. See section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)( 4)(ii) (defining the term "specialty 
occupation"). 
16 
Matter of A-B- LLC 
the proffered position. Upon review of the totality of the record, the Petitioner has not established 
that the nature of the specific duties is so specialized and complex that the knowledge required to 
perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a 
specific specialty, or its equivalent. 
For the reasons discussed above, the evidence of record does not satisfy the fourth criterion at 
8 C.P.R.§ 214.2(h)(4)(iii)(A). 
The Petitioner has not satisfied any of the criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A) and, therefore, it 
cannot be found that the proffered position qualifies as a specialty occupation. The appeal will be 
dismissed and the petition denied for this reason. 
III. CONCLUSION 
As set forth above, we find that the evidence of record does not sufficiently establish that the 
proffered position qualifies as a specialty occupation. Accordingly, the appeal will be dismissed and 
the petition denied. 
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; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013) (citing Matter of Brantigan, 11 I&N Dec. 493, 495 (BIA 1966)). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-B- LLC, ID# 14989 (AAO Jan. 29, 2016) 
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