dismissed H-1B Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-&P INC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 22,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a decorative hardware importer, seeks to temporarily employ the Beneficiary as a 
"marketing manager" 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 ofhighly 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 that the 
Petitioner had not established the proffered position 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 erroneously concluded that it had not established that the proffered position 
is a specialty occupation. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
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 E-&P Inc 
(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 amorig 
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 it is a three-employee company and that the 
Beneficiary will serve as its full-time "marketing manager." The Petitioner provided the following 
description of the duties of.the proffered position: 
• Direct and coordinate activities of businesses or departments concerned with the 
pricing, sales and services. - I 0% of the time; 
• Review financial statements, activity reports, and other performance data to 
measure productivity and goal achievement. - 10% of the time; 
• Establish and implement departmental policies, goals, objectives, and procedures, 
conferring with board members, organization officials, and staff members as 
necessary. - 10% ofthe time; 
• Formulate, direct and coordinate marketing activities and policies to promote 
products and ser-vices, working with advertising and promotion managers. - 15% 
of the time; 
• Develop a marketing plan custom-designed for specific target in order to be 
effective within the targeted markets. - 15% of the time; 
• Identify, develop, or evaluate marketing strategy, based on· knowledge of 
establishment objectives, market characteristics, and cost and markup factors. -
10% of the time; 
• Direct the hiring, training, or performance· evaluations of marketing or sales staff 
and oversee their daily activities. - 10% of the time; 
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Matter of E-&P Inc 
• Evaluate the financial aspects of product development, such· as budgets, 
expenditures, research and development appropriations, or retum-on-investment 
and profit-loss projections. - '10% of the time; [and] 
• Develop pricing strategies, balancing firm objectives and customer satisfaction. 
10% ofthe time[.] 
The Petitioner referenced the Beneficiary's experience but did not identify its specific academic 
requirement to perform the duties of the proffered position. 
- 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. 
Specifically, the record (1) does not describe the position's duties with sufficient detail; and (2) does 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a specialty occupation. 1 
On the labor condition application (LCA) submitted in support of the H-1 B petition, the Petitioner 
designated the proffered position under the occupational category "Marketing Managers" 
corresponding to the Standard Occupational Classification code 11-2021.2 Upon review of the 
general description of duties, the Petitioner has not provided sufficient evidence of what the 
Beneficiary will actually do in the proposed position so that we may analyze and ascertain the 
educational requirements required to perform those duties. For example, a portion of the Petitioner's 
description is taken from the broadly stated duties outlined in the Occupational Information Network 
(O*NET) Online Summary Report for marketing managers, verbatim. See 
http://www.onetonline.org/link/summary/11-2021.00 (last visited Nov. 16, 20 16). However, the 
Petitioner does not describe the aCtual duties that will engage the Beneficiary while working within 
its organization. For example, the Petitioner stated that the Beneficiary will "[i]dentify, develop, or 
evaluate marketing strategy, based on knowledge of establishment objectives, market characteristics, 
and cost and markup factors," "[f]ormulate, direct and coordinate marketing activities and policies to 
1 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. , 
2 The Petitioner classified the proffered position at ai Level 1 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 basid 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 he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he 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 _ Guidanye _Revised _II_ 2009.pdf A prevailing wage determination statis 
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 of E-&P Inc 
promote products and services, working with advertising and promotion managers," "[ e ]valuate the 
financial aspects of product development, such as budgets, expenditures, research and development 
appropriations, or return-on-investment and profit-loss projections," and "(d) eve lop pricing 
strategies, balancing firm objectives and customer satisfaction." This overview of the occupation 
does not place the Beneficiary's actual duties within the context of the Petitioner's three-person 
organization. Nor does this overview convey an understanding of the Beneficiary's actual duties for 
the Petitioner. · 
Additionally, although the Petitioner stated that it is a three-person organization the record does not 
include an organizational chart or evidence of its employees. It is not possible to ascertain who the 
Beneficiary will direct in departments concerned with pricing, sales, and services or whether the 
Petitioner even employs individuals in these departments. Again, the Petitioner does not provide the 
context for the Beneficiary's employment. The record is insufficiently detailed to analyze the 
Beneficiary's actual duties as the duties relate to the petitioning organization. Upon review of the 
Petitioner's general description of the proflered position it is not possible to ascertain what duties 
will actually engage the Beneficiary on a day-to-day basis in his involvement, if any, in the 
management of the Petitioner's marketing efforts. 
The Petitioner's vague description of the duties of the proflered pos1t10n therefore precludes a 
finding that the proffered position satisfies any criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A), because it 
is the substantive nature of that work that determines (I) the normal minimum educational 
requirement for entry into the particular position, which is the focus of criterion 1; (2) industry 
positions which are parallel to the proffered position and thus appropriate for review for a common 
degree requirement, under the first alternate prong of criterion 2; (3) the level o(complexity or 
uniqueness of the proffered position, which is the focus of the second alternate prong of criterion 2; 
( 4) the factual justification for a petitioner normally requiring a degree or its equivalent, when that is 
· an issue under criterion 3; and (5) the degree of specialization and complexity of the specific duties, 
which is the focus of criterion 4. 
Accordingly, as the Petitioner has not established that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)( 4 )(iii)(A), it cannot be found that the proffered position qualifies for classification as a 
specialty occupation and the appeal must be dismissed on this basis alone. 
Nevertheless, for the sake of argument and assuming that the Beneficiary will perform the duties of a 
marketing manager as designated on the LCA, we will analyze the position and the evidence of 
record to determine whether the proffered position as described would qualify for classification as a 
specialty occupation. To that end and1 to make our determination as to whether the employment 
described above qualifies . as a specialty occupation, we turn to 'the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 3 
3 
Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
4 
Matter of E-&P Inc 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.4 
The subchapter of the Handbook entitled "How to Become an Advertising, Promotions or Marketing 
Manager" states, in relevant part, the following: 
Education 
A bachelor's degree is required for most advertising, promotions, and marketing 
management positions. . .. 
Most marketing managers need a bachelor's degree. Courses in business law, 
management, economics, finance, computer science, mathematics, and statistics are 
advantageous. For example, courses in computer science are helpful in developing an 
approach to maximize online traffic, by utilizing online search results, because 
maximizing such traffic is critical for digital advertisements and promotions. In 
addition, completing an internship while in school can be useful. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook. 2016-17 ed., 
"Advertising, Promotions, and Marketing Managers," 
http://www.bls.gov/ooh/management/advertising-promotions-and-marketing-managers.htm#tab-4 
(last visited Nov. 16, 2016). 
The Handbook does not report that a bachelor's degree in a specific specialty is required to perform 
the duties of a marketing manager. Rather, the Handbook notes that a variety of courses may be 
advantageous but does not specify that a marketing manager 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. There must be a 
close correlation between the required specialized studies and the position; thus, the mere 
requirement of a degree, without further specification, does not establish the position as a specialty 
occupation. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988) ("The mere 
requirement of a college degree for the sake of general education, or to obtain what an employer 
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 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. · 
5 
Matter of E-&P Inc 
perceives to be a higher caliber employee, also does not establish eligibility."). · Thus, while a 
general-purpose bachelor's degree 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 Corp. v. Cherto.ft; 484 F.3d at 147. 
Here, the Handbook does not support the assertion that a baccalaureate degree in a specific discipline 
. is normally the minimum requirement for entry into a marketing manager position. When the 
Handbook does not support the proposition that a proffered position is one that meets the statutory 
and regulatory provisions of a specialty occupation, it is incumbent upon the Petitioner to provide 
persuasive evidence that the proffered position more likely than not satisfies;this or one of the other 
three criteria, notwithstanding the absence of the Handbook ·s support on the issue. In such case, it is 
the Petitioner's responsibility to provide probative evidence (e.g., documentation from other 
objective, authoritative sources) that supports a finding that the particular position in question 
qualifies as a specialty occupation. Whenever more than one · authoritative source exists, an 
adjudicator will consider and weigh all of the evidence presented to determine whether the particular 
position qualities as a specialty occupation. 
In that regard, we note that the O*NET Online Summary Reports, referenced by the Petitioner, are 
insufficient to establish that the proffered position qualifies as a specialty occupation normally 
requiring at least a bachelor's degree in a specific specialty, or its equivalent. That is, O*NET 
OnLine does not state a requirement for a bachelor's degree for this occupation but assigns a Job 
Zone "Four" rating to this occupation, which groups it among occupations for which "most ... 
require a four-year bachelor's degree, but some do not." O*NET OnLine Summary Report for 
"11-2021.00 - Marketing Managers" http://www.onetonline.org/link/summary/ll-2021.00 (last 
visited Nov. 16, 2016); O*NET OnLine Help Job Zones, 
http://www.onetonline.org/help/online/zones (last visited Nov. 16, 2016). Further, O*NET OnLine 
does not indicate that four-year bachelor's degrees required by Job Zone Four occupations must be 
in a specific specialty directly related to the occupation. Therefore, the O*NET OnLine information 
is not probative of the proffered position being a specialty occupation. Here, the Petitioner has not 
submitted other authoritative sources in support of this criterion. 
Thus, the Petitioner has not satisfied the criterion at8 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 
inaividual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
concentrates upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
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Matter of E-&P Inc 
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. 
When 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 de greed 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 sources) 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. 
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 
from companies in a variety of industries, including a supermarket chain, a medical clinic, dental and 
nursing associations, a petroleum products company, power and medical equipment companies, and 
a kitchen and. bath plumbing company. However, for the advertisements to be relevant in this 
determination, the advertisements must be for parallel positions for companies similar to the 
Petitioner. The advertisements submitted do not appear to be for organizations that are similar to the 
Petitioner in scope, size, and nature of business. Additionally, although the majority of 
advertisements require a bachelor's degree as a minimum requirement, the degrees referenced 
include a general bachelor's degree, degrees in marketing or business, and degrees in advertising or 
mass communications, or a general science or general business degree. 5 As the advertisements list a 
range of degrees as acceptable to perform the positions advertised, the advertisements do not 
establish that a bachelor's degree, or its equivalent, in a specific discipline is required. 
We also note that all the positions advertised require the successful candidate to have from two to 
seven years of experience in addition to the bachelor's degree. We emphasize that the 
5 A general degree in business or business administration alone is insufficient to qualify a beneficiary to perform the 
services of a specialty occupation, unless the academic courses pursued and knowledge gained is a realistic prerequisite 
to a particular occupation in the field. See Matter ol Ling, 13 I&N Dec. 35 (Reg'l Comm'r 1968) (finding that 
"'Business administration' is a broad field, a field which contains various occupations and/or professions, all of which 
are related to the world of business but each requiring a different academic preparation and experience peculiar to its 
needs"). Thus, the advertisers' acceptance of a degree in business, without more, is an acknowledgement that the 
position is not a specialty occupation. 
Matter of E-&P Inc 
advertisements do not establish that the advertised duties overall are parallel to the general duties the 
Petitioner expects the Beneficiary to perform. The advertised positions also are not parallel to the 
Petitioner's proffered position as further demonstrated by the requirements of significant amounts of 
experience. As the Petitioner has designated the proffered position at a Level I wage on the LCA, a 
wage suitable for those individuals with only a basic understanding of the occupation, the 
advertisements do not appear to be for positions that are parallel to the proffered position in level of 
responsibility. 
·Upon review of all the advertisements submitted, the advertisements are insufficient to demonstrate 
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 Petitioner's industry in parallel positions among 
similar organizations. There is insufficient information within the advertisements to establish this 
prong of the criterion. 
Thus, the Petitioner has not satisfied the first alternative prong of8 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. 
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, the Petitioner 
does not demonstrate how the marketing manager'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, the 
Petitioner did not submit information relevant to a detailed course of study leading to a specialty 
degree and did not establish how such a curriculum is necessary to perform the duties it claims are so 
complex and unique. 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. 6 
6 The Petitioner's designation of this position as a Level I, entry-level marketing manager further undermines its claim 
that the position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, a Level I wage-designation does not preclude a proffered position from classification as a 
specialty occupation, just as a Level IV wage-designation does not definitively establish such a classification. In certain 
occupations (e.g., doctors or lawyers), a Level I, entry-level position would still require a minimum of a bachelor's 
degree in a specific specialty, or its equivalent, for entry. Similarly, however, a Level IV wage-designation would not 
reflect that an occupation qualifies as a specialty occupation if that higher-level position does not have an entry 
requirement of at least a bachelor's degree in a specific specialty, or its equivalent. That is, a position's wage level 
designation may be a relevant factor but is not itself conclusive evidence that a proffered position meets the requirements 
8 
Matter of E-&P Inc 
Therefore, the evidence of record does not establish that this position is significantly different from 
other marketing manager positions such that it refutes the Handbook's information to the effect that 
a few courses are advantageous to obtaining a marketing manager position, but not specifying that 
the degree must be in a specific specialty. In other words, the record lacks sufficiently detailed 
information to distinguish the proffered position as unique from or more complex than marketing 
managers, or other closely related positions, that can be performed by persons without at least a 
bachelor's degree in a specific specialty, or its equivalent. Although the Petitioner claims that the 
Beneficiary is well-qualified for the position, and references his qualifications; 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. 
Here the Petitioner does not demonstrate how the proffered position of marketing manager is so 
complex or unique relative to other marketing manager 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. Accordingly, it cannot be concluded that the Petitioner has satisfied the second 
alternative prong of8 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 asserts on appeal that it normally requires a degree or its equivalent for the proffered 
position. In support of this assertion, the Petitioner provides an affidavit signed by its president 
wherein the president affirms that it requires a bachelor's degree in business administration or the 
equivalent for the position of its marketing manager because of the specific duties of the position. 
The Petitioner's president indicates that this requirement was in place when it hired its previous 
marketing manager and that the previous marketing manager possessed a bachelor's degree in 
business administration. The Petitioner also submits the diploma of its previous marketing manager 
which shows a general bachelor's of science degree was awarded to him. The accompanying 
unofficial transcripts show that his course curriculum major was in business with a concentration in 
marketing. 
We first point out that while a petitioner may assert that a profiered position requires a degree in a 
specific specialty, that statement 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 
of section 214(i)(l) ofthe Act. 
9 
Matter of E-&P Inc 
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) ofthe Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
Here, the Petitioner has not established that the proposed duties of its marketing manager require a 
bachelor's degree in a specific specialty. As noted above, the record must establish that the 
performance of the duties of the proffered position requires both 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, or its equivalent, as the minimum for entry into the 
occupation. See id. The Petitioner's claimed employment of one individual who holds a general 
bachelor's of science degree is insufficient. Previously hiring only one employee with a bachelor's 
degree in business with a concentration in marketing does not establish a pattern that the Petitioner 
normally requires, as opposed to simply prefers to hire, someone with at least a bachelor's degree in 
a specific specialty, or the equivalent, for the proffered position. Moreover, as discussed above, the 
record does not include sufficient evidence demonstrating that the general duties described require a 
bachelor's degree in a specific specialty. 
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 at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner again refers to the Beneficiary's experience and the two evaluation letters submitted 
which claim that the Beneficiary's professional experience is equivalent to a bachelor of science 
degree in business administration. However, as noted above, the Bendiciary's qualifications do not 
establish a position as a specialty occupation. We again reference the Petitioner's designation of the 
position in the LCA as a Level I position (the lowest of four assignable wage-levels) relative to 
others within the same occupational category. As footnoted above, a Level I position requires 
limited, if any, exercise of judgment and is indicative of someone who will be closely supervised and 
who will have his work closely monitored and reviewed for accuracy. Thus, while the Petitioner is 
claiming that the proffered position requires the performance of specialized and complex duties, it 
has identified the wage requirement for the position to be the lowest wage level available for a 
marketing manager. The Petitioner's designation of this position as a Level I, entry-level marketing 
manager undermines its claim that the position is particularly complex, specialized, or umque 
compared to other positions within the same occupation. 
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Matter of E-&P Inc 
Upon review of the totality of the record, relative specialization and complexity have not been 
sufficiently developed by the Petitioner as an aspect of the proffered position. In other words, the 
proposed duties have not been described with sufficient specificity and consistency within the record 
to show that they are more specialized and complex than a marketing manager position that is not 
usually associated with at least a bachelor's degree in a specific specialty, or its equivalent. 
The Petitioner has not demonstrated in the record that its proffered position is one with duties 
sufficiently specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
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. 
IV. CONCLUSION 
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.fE-&P Inc, ID# 73648 (AAO Nov. 22, 2016) 
II