dismissed H-1B Case: Marketing

MATTER OF L-L-NA, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 28,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a franchise development and manag~ment company, seeks to temporarily employ the 
Beneficiary as a marketing analyst under the H -1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The H-lB 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, Vermont 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 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
Matter of L-L-NA, LLC 
(1) 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). We have 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-lB petition, the Petitioner stated that the Beneficiary will serve as a "marketing analyst." In 
response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the position: 
• Re,search and gather data on market trends, customer demographics, consumer 
behavior, pricing, lJrand perception, and competition, by researching informational 
and statistical databases, and creating and distributing consumer rating surveys; and 
stay abreast of new market developments and changes in market trends; 15% 
• Carefully and accurately analyze and interpret complex data sets from all collected 
and researched data using statistical methods, such as data mining, data quality and 
reliability assessment, data manipulation, and data analysis; 20% 
• Summarize and translate large quantities of complex data into accurate and 
comprehensive reports, presentations, graphs, and charts for management and parent 
company review, and recommend solutions; 15% 
• Develop and present insightful monthly updates of business results and market 
activity along with implications and recommend actions for the Company; 10% 
• Examine and interpret supply and demand, price change, economic growth, I/0, CPI, 
etc. in order to identify new markets, target audiences and areas, potential franchisees, 
and factors affecting demand, and recommend solutions; 10% 
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Matter of L-L-NA. LLC 
• Research, develop, implement, monitor, modify, and measure the effectiveness of 
marketing, advertising, public relations and community relations plans and projects; 
15% 
• Assist in new restaurant openings, promotions, and other events by preparing mailers, 
brochures, signs, and menus and other advertisements and/or media; 5% 
• Publish pricing schedules by verifying freight rates, charges, and allowances; 5% 
• Support sales presentations by assembling quotations, proposals, videos, slide shows, 
demonstrations, and product capability booklets. 5% 
In its initial letter of support, the Petitioner stated that the position requires technical expertise and 
in-depth knowledge of entrepreneurship, marketing, mathematics, business administration, or related 
fields, attained by a bachelor's degree. In response to the RFE, the Petitioner first stated that the 
position requires, at minimum, a bachelor's degree in business administration, mathematics, 
economics, or a related field. The Petitioner then stated that the position requires, at minimum, a 
bachelor of science degree in a quantitative field, such as mathematics, statistics, economics,· or a 
related research-based field, such as the sciences. 
III. ANALYSIS 
For the reasons set out below, we have determined that the Petitioner has not demonstrated that the 
proffered position qualifies as a specialty occupation.' Specifically, the record does not establish 
that the job duties require an educational background, or its equivalent, commensurate with a 
specialty occupation? 
As a preliminary matter, the Petitioner's claim that a bachelor's degree in business administration is 
a sufficient minimum requirement for entry into the proffered position is inadequate to establish that 
the proposed position qualifies as a specialty occupation. Initially, the Petitioner stated that the 
proffered position requires a bachelor's degree in business administration, entrepreneurship, 
marketing, mathematics, or a related field. Then, in response to the RFE, the Petitioner's letter first 
stated that the proffered position requires a bachelor's degree in business administration, 
mathematics, economics, or a related field. Later, in the same response to the RFE, the Petitioner 
stated that the proffered position requires a bachelor's degree in mathematics, statistics, economics, 
or a related field, such as the sciences. The Petitioner also listed several areas of study that it claims 
are requisites for the proffered position and can be attained through a bachelor's degree m 
quantitative sciences. 
Aside from the fact that the Petitioner has been inconsistent about· its mm1mum education 
requirements for the proffered position, briefly referencing coursework in a particular subject is not 
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. 
3 
Matter of L-L-NA, LLC 
sufficient to establish that the proffered position requires a bachelor's degree in a specific specialty. 
A petitioner must demonstrate that the proffered position requires a precise and specific course of 
study that relates directly and closely to the position in question. 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 of Michael Hertz Assocs., 19 I&N Dec. 
558, 560 (Comm'r 1988). 
To prove that a job requires the theoretical and practical application of a body of highly specialized 
knowledge as required by section 214(i)(l) of the Act, a petitioner must establish that the position 
requires the attainment of a bachelor's or higher degree in a specialized field of study or its 
equivalent. As discussed supra, we interpret the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) 
to require a degree in a specific specialty that is directly related to the proposed position. 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 
that a particular position qualifies for classification as a specialty occupation. Royal Siam, 484 F.3d 
at 147.3 Again, the Petitioner in this matter claims that the duties of the proffered position can be 
performed by an individual with only a general-purpose bachelor's degree, i.e., a bachelor's degree 
in business administration. Without more, this assertion alone confirms that the proffered position is 
not in fact a specialty occupation. The Director's decision must therefore be affirmed and the appeal 
dismissed on this basis alone. 
Nevertheless, we will continue our analysis of whether the proffered position qualifies as a specialty 
occupation for the purpose of performing a comprehensive analysis. We will next discuss the record 
of proceedings in relation to the four criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for. 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
3 Specifically, the judge explained in Royal Siam, 484 F.3d at 14 7, that: 
The 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 B specialty 
occupation visa. See, e.g., Tapis lnt'lv. 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. 
4 
Matter of L-L-NA, LLC 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.4 
On the labor condition application (LCA)5 submitted in support 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.
6 
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 d~gree. 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. 
4 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and we regularly review the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
5 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1 B worker the higher of either 
the prevailing wage for the occupational classification in the "area of employment" or the actual wage paid by the 
employer to other employees with similar experience and qualifications who are performing the same services. See 
Matter ofSimeio Solutions, LLC, 26 l&N Dec. 542, 545-546 (AAO 20 15). 
6 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 Levell 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 perform 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 _I I_ 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. 
5 
Matter of L-L-NA, LLC 
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 
I 
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 Feb. 15, 20 17). 
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 fields. 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. 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)(1 )(B) of the 
Act (emphasis added). 
The Handbook also states that "others have a background in business adininistration." Again, 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, 484 F.3d at 147. 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 
6 
Matter of L-L-NA, LLC 
occupation. Cf Michael Hertz, 19 I&N Dec. at 560. 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. 
On appeal, the Petitioner 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.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 U.S. Citizenship and ·Immigration Services' (USCIS) 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 
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 
ofK-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)(I)(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). 
7 
Matter of L-L-NA, LLC 
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 
in establishing the general tasks and responsibilities of a proffered position, and we regularly review 
the Handbook on the duties and educational requirements of the wide variety of occupations that it 
addresses. 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. We do 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. 
We must examine the ultimate employment of the beneficiary, and determine whether the position 
qualifies as a specialty occupation. See generally Defensor, 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. USCIS, 839 F. Supp. 2d 985 (S.D. Ohio 2012) 
as relevant here. As in Raj, the H-1 B 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. USCJS, No. 1:13-CV-23, 2014 WL 
29591 (S.D. Ohio 2014). 
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 L-L-NA, LLC 
In the instant case, 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)(l). 
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 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. In addition, there are no submissions from the 
industry's professional association indicating that it has made a degree a minimum 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 copies of advertisements for 
several positions entitled marketing analyst and one marketing specialist. The marketing specialist 
position requires a bachelor's degree and 3 years of experience; although it does not specify the 
degree, it notes that a concentration in marketing, communications, or public relations are a plus. 
One of the marketing analyst positions requires a bachelor's degree in business, finance, or 
economics and 3 years of experience; another requires a bachelor's degree in marketing, business 
management, statistics, economics, computer science, or a related field, or equivalent work 
9 
Matter of L-L-NA, LLC 
experience, and 3 years of experience; another requires a bachelor's degree and 3 years of marketing 
experience; another requires a bachelor's degree and 2 years of marketing experience; and another 
requires a bachelor's degree with an analytical concentration and 2 years of experience. 
Although one of the advertisements requires a bachelor's degree in business, finance, or economics, 
it also requires 3 years of experience. Another advertisement requires a bachelor's degree in 
marketing, business management,
1 
statistics, economics, computer science, or a related field, and it 
appears that equivalent work experience may be accepted in place of a degree. That advertisement 
also states that 3 years of experience is required. The remaining advertisements require a bachelor's 
degree, without identifying any specific specialty. Further, with the exception of the advertisement 
submitted on appeal, the record does not demonstrate that the remaining advertising organizations 
are similar in type, scope, and size, to this Petitioner. 
While some of the advertisements generally state that a bachelor's degree in business, finance, 
marketing, economics, computer science, or a related field is required, they also require years of 
experience in addition to the bachelor's degree. As noted above, the Petitioner has designated the 
proffered position as a wage Level I on the LCA (the lowest of four assignable wage levels), a wage 
level for an entry-level position that only requires a basic understanding of the occupation, which is 
in contrast to some of the advertised positions that are for more senior positions. 
For these reasons, the Petitione~ 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 marketing 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 
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 Res.earch 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. 
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Matter of L-L-NA, LLC 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. That is, while the 
Petitioner claims that the position involves focusing on "quantitative data and analytical skills to 
forecast trends and make informed decisions on marketing and advertising campaigns," the 
Petitioner does not demonstrate how the Beneficiary's proposed duties 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, the Petitioner stated that the proffered position requires a bachelor's degree in 
entrepreneurship, marketing, mathematics, business administration, economics, statistics, or a related 
research-based field, such as the sciences. As previously discussed, a general-purpose bachelor's 
degree, such as a degree in business administration, without more, will not justify a finding that a 
particular position qualifies for classification as a specialty occupation. 
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 proffered 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." The 
evidence of record does not establish that this position is significantly different from other positions 
in the occupational category such that it refutes the Handbook's information that a bachelor's degree 
in a specific specialty, or its equivalent, is not required for the proffered position. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references her 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position, and it did not identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. 
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 qualities as a specialty occupation if that 
higher-level position does not have an entry requirement of at least a bachelor's degree in a specific specialty or its 
equivalent. That is, a position's wage level designation may be a consideration but is not a substitute for a detennination 
of whether a proffered position meets the requirements of section 214(i)( I) of the Act. 
II 
Matter of L-L-NA, LLC 
Accordingly, the Petitioner has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. The 
Petitioner did not submit any evidence of previous or current employees in the same position as the 
Beneficiary's proffered position. Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion 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. 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A). 
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. 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. 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 
As discussed above, the Petitioner 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. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of L-L-NA. LLC, ID# 232564 (AAO Feb. 28, 20 17) 
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