dismissed H-1B Case: Market Research

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-C-C-I-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 6, 2016 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a 2-employee Chinese cultural institute offering training, consulting, hospitality, and 
special events for corporations, seeks to temporarily employ the Beneficiary as a market research 
analyst under the H-IB 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)(15)(H)(i)(b). The H-IB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both (a) the theoretical and practical application of a body of highly specialized knowledge 
and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as 
a minimum prerequisite for entry into the position. 
The Director, California Service Center, denied the petition. The Director concluded the Petitioner 
did not establish that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner 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 
1 
(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. 
Jhe regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter ofC-C-C-1-, Inc. 
(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. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. 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"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneficiary will serve as a "market research 
analyst." On appeal, the Petitioner provided the following job duties for the position: 
• Perform market research 45%: 
• Research and analyze industry data to understand market conditions, customer 
behavior, and competitors in China and USA; 
• Consult with clients about their needs, plans, marketing goals, and existing marketing 
strategies to design a tailored research plan; 
• Perform data analysis, competition analysis, and predictive modeling; 
• Analyze and interpret data sets in order to form insights into consumer behavior and 
convert to marketing campaigns for our clients; Explore and evaluate various 
marketing methods tools in China and USA (social media, online community, email 
marketing, paid search, display ads, sales calls, site visits, and more); discover 
inefficiencies and methods to optimize them; 
• Work with Chinese marketing vendors to improve data collection, reports, and tools 
to better suit American clients' needs; [and] 
• Conduct cost benefit analysis on received quotes from marketing vendors. 
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Matter ofC-C-C-1-, Inc. 
• Formulate marketing strategies and analyze them 35%: 
• Formulate customized marketing strategies for new customers in different 
background (such as location, culture, language); Analyze the difference between 
existing and customized strategies in terms of target, cost, return, and evaluation 
methods; 
• Conduct hypothesis testing (such as null hypothesis testing, A/B testing) between a 
new targeted campaign and an existing non-targeted campaign to measure the 
effectiveness of target customer/market specialization; 
• Run analytics and reporting on performed marketing campaigns and calculate their 
ROI; Feedback to clients and marketing vendors for improvement; 
• Oversee marketing campaigns, measure effectiveness, and modify as needed; [and] 
• Represent our clients in a meeting with marketing vendors to determine their 
coverage, terms, and pricing. 
• Present marketing proposals and research to clients I 0%: 
• Prepare reports and give presentations to existing and prospective clients to 
communicate market research and propose customized strategies; [and] 
• Design and build reports to clients used for planning, monitoring, quality control, 
performance reporting, optimizing, and insights on a monthly basis. 
' • Develop customer base for our clients I 0%: 
• Develop and utilize media relations to reach Chinese consumers through 
commercials, print advertisements, social media and other product promotion. 
On appeal, the Petitioner states that the minimum entry requirement for the proffered position is at 
least a bachelor's degree in marketing, or a closely related field. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 2I4.2(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 tor 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
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Matter ofC-C-C-1-, Inc. 
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.3 
On the labor condition application (LCA)4 submitted in ~mpport of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.5 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
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. 
3 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 USCIS regularly reviews 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 The Petitioner is required to submit a certified LCA to USC IS to demonstrate that it will pay an H-I B worker the 
higher of either the prevailing wage for the occupational classification in the "area of employment" or the actual wage 
paid by the employer to other employees with similar experience and qualifications who are performing the same 
services. See Matter ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-546 (AAO 20 15). 
5 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will 
consider this selection in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that 
the Beneficiary will be expected to perfonn routine tasks that require limited, if any, exercise of judgment; (2) that she 
will be closely supervised and her work closely monitored and reviewed for accuracy; and (3) that she will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://flcdatacenter.com/download/NPWHC_Guidance_Revised_ll_2009.pdf A prevailing wage determination starts 
with an entry-level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. !d. 
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Matter ofC-C-C-1-, Inc. 
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. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a master's degree in 
business administration (MBA). A master's degree is often required for leadership 
positions or positions that perform more technical research. 
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 
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, available at http://www.bls.gov/ooh/business-and-financial/market­
research-analysts.htm#tab-4 (last visited Nov. 22, 20 16). 
When reviewing the Handbook, we note that the Petitioner designated the proffered position under 
this occupational category at a Level I on the LCA. Based upon the Petitioner's designation of the 
proffered position as a Level I position (relative to others with the occupation) it does not appear that 
the Beneficiary will serve in a senior or leadership role or in a position that performs more technical 
research that requires a master's degree. 
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, 
psychology, and sociology) 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. 
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Matter ofC-C-C-1-, Inc. 
As discussed, 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. Section 214(i)(l )(B) of the 
Act (emphasis added). 
The Handbook also states that "others have a background in business administration." While 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 
that a particular position qualifies for classification as a specialty occupation. See Royal Siam Corp. 
v. Chert a,[[, 484 F .3d at 14 7. 
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. C.f Matter o.f Michael Hertz 
Assocs., 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 spec(fic 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 d~monstrate 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 Market Research Association website provides the following information about the 
Professional Researcher Certification program: 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing research profession: to raise competency, 
6 The Marketing Research Association website states that the association was founded in 1957 and is the leading and 
largest U.S. associatiOn of marketing research professionals. For additional information, see 
http://www.marketingresearch.org/about (last visited Nov. 22, 20 16). 
6 
Matter ofC-C-C-1-, Inc. 
establish an objective measure of an individual's knowledge and proficiency and to 
encourage professional development. PRC is a powerful tool for individual 
researchers of all levels of work experience and education. Certification standards 
increase consumer understanding of research and foster premiere professional 
standards in the profession. 
Market Research Association, http://www.marketingresearch-.org/advance-career/prc (last visited 
Nov. 22, 2016). 
In the "frequently asked questions" section, the website further states: 
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. 
!d. at http://www.marketingresearch.org/advance-career/prc/faqs (last visited Nov. 22, 2016). 
The Market Research Association emphasizes that the credentialing program encourages the highest 
standards within the profession, establishes an objective measure of an individual's knowledge and 
proficiency, and encourages professional development. According to the association's website, the 
credential provides an individual "a badge" of competence in the given areas and that the individual 
is current in knowledge and experience. 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. In fact, it states that PRC is "a powerful tool for 
individual researchers of all levels of work experience and education." 
Thus, the Handbook and the Market 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 (which it does not), to satisfy the first criterion, the Petitioner must provide 
evidence to support a finding that the particular position proffered would normally have such a 
minimum, specialty degree requirement or its equivalent. 
On appeal, the Petitioner cites to a recent district court case, Raj and Company v. US Citizenship 
and Immigration Services, 85 F. Supp. 3d 1241 (W.D. Wash. 2015), and claims that it is relevant 
7 
Matter ofC-C-C-1-, Inc. 
here. 7 In the district court case, the employer designated the position as a "Marketing Analyst & 
Specialist" position. 8 We reviewed the decision; however, there is no 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.9 Accordingly, aside from the claimed job title and 
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 US CIS' 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. 10 
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 a 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. 11 The occupational category designated by a petitioner is considered as an aspect 
7 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 
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 of law. /d. at 719. 
8 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. 
9 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, if that 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. 
10 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). 
11 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 therefore to work as a market research analyst. 
8 
Matter of C-C-C-I-, Inc. 
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 
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 at 384. 
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. 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. 
The Petitioner also cites to Residential Fin. Corp. v. US. Citizenship & Immigration Services, 839 F. 
Supp. 2d 985 (S.D. Ohio 2012) as relevant here. As in Raj, the H-1B petition in Residential Fin. 
Corp. was never appealed to our office through the available administrative process. Nevertheless 
we note that the district judge's decision in Residential Fin. Corp. 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 Fin. Corp. See Health Carousel, LLC 
v. US. Citizenship & Immigration Services, No. 1 :13-CV-23, 2014 WL 29591 (S.D. Ohio 2014). 
In response to the RFE, the Petitioner referred to the Occupational Information Network (O*NET) 
OnLine Summary Report for the "Market Research Analysts and Marketing Specialists" 
occupational category. In this matter, O*NET does not establish that the proffered position qualifies 
as a specialty occupation. In general, O*NET is not particularly useful in determining whether a 
baccalaureate degree in a specific specialty, or its equivalent, is a standard entry requirement for a 
given position, as O*NET Job Zone designations make no mention of the specific field of study 
from which a degree must come. Furthermore, the Specialized Vocational Preparation (SVP) 
ratings, which are cited within O*NET's Job Zone designations, are meant to indicate only the total 
number of years of vocational preparation required for a particular position. The SVP ratings do not 
describe how those years are to be divided among training, formal education, and experience and it 
9 
(b)(6)
Matter ofC-C-C-1- , Inc. 
does not specify the particular type of degree , if any, that a position would require. Therefore , 
O*NET also does not establish that the proffered position qualifies as a specialty occupation. 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1). 
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. · 
1. First Prong 
To satisfy this first prong of the second criterion , the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industr y 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)(quotingHird!BlakerCorp. 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. In addition, there are no submissions from the 
industry's professional association indicating that it has made a degree a minimwn entry requirement. 
In support of its assertion that the degree requirement is common to the Petitioner ' s industry in 
parallel positions among similar organizations, the Petitioner submitted two letters - one from the 
executive director of the and one from a member of the 
board of directors of the The executive director of the 
states that it is a similar organization to the Petitioner 
with similar requirements for its market research analysts. However, it does not provide any 
information to demonstrate how the organizations are similar or how the market research analyst 
positions are similar between the two organizations. The member of the board of directors of the 
also states that it is a similar organization to the Petitioner as 
they both seek to promote Chinses culture, and have a similar mission and goals . However , it also 
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(b)(6)
Matter ofC-C-C-1-, Inc. 
does not provide any information to demonstrate how the organizations are similar or how the 
market research analyst positions are similar between the two organizations. Simple statements 
asserting 
similarity to the Petitioner's organization are not sufficient. A petitioner's unsupported 
statements are of very limited weight and normally will be insufficient to carry its burden of 
proof. See Matter ofSofjici, 22 I&N Dec. 158, 165 (Comm'r 1998) (citing Matter o,[Treasure Craft 
ofCal. , 14 I&N Dec. 190 (Reg'l Comm'r 1972)); see also Matter o[Chawathe , 25 I&N Dec. 369, 
3 76 (AAO 201 0). The Petitioner must support its assertions with relevant , probative, and credible 
evidence. See Matter o.f Chawathe , 25 I&N Dec. at 376. As such, neither of the organizations 
provides sufficient information to establish that they are similar to the Petitioner. That is, the record 
does not demonstrate that they are similar in type, scope, and size to this Petitioner. 
Further, the executive director of the states that it 
"employs Market Research Analysts who possess a bachelor's degree or even master's degree in 
marketing or a related field," and the member of the board of directors of the 
states that it "regularly recruit[ s] and hire[ s] individuals with degrees in specific 
fields[;] specifically [it] has recruited , hired, and employed Marketing Specialists who hold at least 
[a] bachelor's degree or higher in marketing or a related field." 
While the letters state that they generally require a bachelor's degree in marketing or a related field, 
they do not differentiate between entry-level positions and more senior or leadership positions within 
their organizations. The Petitioner here has designated the proffered position as a wage Level I on 
the LCA, a wage level that only requires limited experience. Here, it remains unknown whether the 
letters reference entry-level market research analyst positions or more senior positions. As such, we 
cannot conclude that a requirement of a bachelor's or higher degree in a specific specialty , or its 
equivalent , is common to parallel positions with organizations that are in the Petitioner ' s industry 
and otherwise similar to the Petitioner. 
For these reasons, the Petitioner has not satisfied the criterion of the first alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C .F.R. § 214.2(h)(4)(iii)(A)(2) , which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other market research analyst positions that can be performed by persons without 
at least a bachelor's degree in a specific specialty , or its equivalent. · 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position, as described, necessitates the theoretical and 
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Matter ofC-C-C-1-, Inc. 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather, 
we find, that, as reflected in this decision's earlier quotation of duty descriptions from the record of 
proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the "Market Research Analysts" occupational category, which, the Handbook 
indicates, do not necessarily require a person with at least a bachelor's degree in a specific specialty 
or its equivalent to enter those positions. 
To begin with, while the Petitioner claims that the position involves focusing on "consulting with 
clients about Chinese marketing campaigns, preparing integrated marketing proposals, and 
formulating marketing strategies," the Petitioner does not demonstrate how the market research 
analyst's duties described require the theoretical and practical application of a body of highly 
specialized knowledge such that a bachelor's or higher degree in a specific specialty, or its 
equivalent, is required to perform them. 
For instance, here, the Petitioner stated that the proffered position requires a bachelor's degree in 
marketing or a related field. On appeal, the Petitioner identified specific coursework in various 
subjects, including research methods in marketing, multicultural marketing, international marketing, 
market research analysis, integrated marketing, marketing management, business ethics, scientific 
methods, mathematics, and statistics as providing the Beneficiary with the "theoretical knowledge" 
to carry out her duties as its market research analyst. While these courses may be beneficial, or even 
essential, in performing certain duties of a market research analyst 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. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary would perform only 
routine tasks that require limited, if any, exercise of judgment; close supervision of work, monitored 
and reviewed for accuracy; and the receipt of specific instructions on required tasks and expected 
results. Without further evidence, the evidence does not demonstrate that the proflered position is so 
complex or unique as such a position falling under this occupational category would likely be 
classified at a higher-level, such as a Level III (experienced) or Level IV (fully competent) 
position. 12 For example, a Level IV (fully competent) position is designated by DOL for employees 
who "use advanced skills and diversified knowledge to solve unusual and complex problems." 
12 The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent, for entry. Similarly, 
however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty occupation if that 
higher-level position does not have an entry requirement of at least a bachelor's degree in a specific specialty or its 
12 
(b)(6)
Matter ofC-C-C-1-, Inc. 
Furthermore, on appeal, the Petitioner submitted an expert opinion evaluation authored by 
Associate Dean and Professor of Marketing at the 
states that she reviewed documents from the Petitioner about the 
position , job duties, and requirements, as well as a list of its clients, a portion of a research report for 
its client, and a telephone interview of the Beneficiary, and offers her opinion of the academic 
requirements necessary to perform those duties. 
opined that "the specific duties of [the Beneficiary's] marketing research analyst 
position requires unique and rigorous training and education[;] only someone with a bachelor's 
degree, or preferably higher, in marketing or a closely related field would qualify to perform them." 
further stated that "the normal 
requirement industry-wide for the position of Market 
Research Analyst is a bachelor's degree in marketing or a closely related field." 
provided insight to some of the listed duties and the educational requirements, found within the 
bachelor's degree curriculum for marketing, as skills required in the theoretical and practical 
application of an advanced highly specialized body of knowledge. However, evaluation 
does not discuss the Petitioner's designation of this position as requiring only a Level I wage. 
Additionally, does not explain or distinguish the duties of the proffered position from the 
Handbook's report on market research analysts and marketing specialists. For these reasons, we do 
not find the opinion sufficient to support the Petitioner's assertion that the proffered position requires 
a b,achelor's degree in a specific specialty, or its equivalent , and thus qualifies as a specialty 
occupation. We may, in our discretion , use opinion statements submitted by the Petitioner as 
advisory. Matter ofCaron Int 'l, Inc., 19 I&N Dec. 791, 795 (Comm 'r 1988). However, where an 
opinion is not in accord with other information or is in any way questionable , we are not required to 
accept or may give less weight to that evidence. /d. 
Here, the record does not include sufficient information relevant to a detailed course of study leading 
to a specialty degree and the Petitioner has not established how such a curriculum is necessary to 
perform the duties it claims are so complex. While a few related courses may be beneficial in 
performing certain duties of the position, the Petitioner has not demonstrated how an established 
curriculum of such courses leading to a baccalaureate or higher degree in a specific specialty , or its 
equivalent, is required to perform the duties of the proffered position. 
Additionally, we again note that the Petitioner has designated the proffered position as requiring 
only a Level I wage, that requires only a basic understanding of the occupation. Given the 
Handbook 's indication that market research analysts and marketing specialist positions do not 
normally require at least a bachelor's degree in a specific specialty , or the equivalent, for entry, it is 
not credible that a position involving limited, if any, exercise of independent judgment , close 
supervision and monitoring, receipt of specific instructions on required tasks and expected results, 
and close review would contain such a requirement. Thus, the record lacks sufficiently detailed 
equivalent. That is, a position's wage level designation may be a consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of section 214(i)( I) of the Act. 
13 
(b)(6)
Matter ~fC-C-C-1-, Inc. 
information to distinguish the proffered position as unique from or more complex than positions that 
can be performed by persons without at least a bachelor's degree in a specific specialty or its 
equivalent. Consequently, as the Petitioner does not demonstrate how the proffered position is so 
complex or unique relative to other market research analyst positions that do not require at least a 
baccalaureate degree in a specific specialty or its equivalent for entry into the occupation in the 
United States, it cannot be concluded that the petitioner has satisfied the second alternative prong of 
8 C.P.R. § 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.P.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. 
In response to the RFE, the Petitioner stated that it previously hired two different contractors to 
perform the duties of the market research analyst. The first resume for states that this 
person was contracted as a "marketing associate" by the Petitioner for three months and has a 
master's degree in integrated marketing communication, and the second resume for 
states that this person was contracted in a "marketing and sales" position by the Petitioner for seven 
months, and has a bachelor's degree in PR/advertising and another in Chinese studies. 13 However, 
although the Petitioner also submitted evidence that it hired these two individuals in 2013, the duties 
listed in their resumes for their positions do not indicate that the positions were similar to the 
proffered position such that we can conclude that the Petitioner normally requires a bachelor 's 
· degree in a specific specialty, or its equivalent, for this position. 
Thus, the Petitioner has not satisfied the criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A)(3). 14 
D. Fourth Criterion 
The fourth criterion at 8 C.P.R.§ 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty , or 
its equivalent. 
13 We note that on appeal, the Petitioner submitted a copy of master degree certificate in integrated 
marketing communication. 
14 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 specialt y 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 Def ensor v. Meissner, 20 I 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"). 
14 
Matter ofC-C-C-1-, Inc. 
The Petitioner asserts that the job duties of the proffered position are specialized and complex. We refer 
to our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level I wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties for the 
proffered position, including the Petitioner's expanded version of the description submitted on appeal. 
While we understand that the Beneficiary must have technical knowledge in order to perform these 
duties, the Petitioner has not sufficiently explained how these duties require the theoretical and practical 
application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher 
degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the 
United States. Upon review of the to~ality of the record, the record does not include probative evidence 
that the duties require more than technical proficiency in the marketing research field. 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)(4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter o.fOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter o.fC-C-C-1-, Inc., ID# 183784 (AAO Dec. 6, 2016) 
15