dismissed H-1B Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 4811619 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 20, 2020 
The Petitioner seeks to temporaril y employ the Beneficiary as a " bilingual marketing specialist 
(Eng/Mandarin)" under the H-1B 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 Vermont Service Center Director denied the petition, concluding that the record did not establish 
that the proffered position qualifies as a specialty occupation. 
The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence.1 
The Administrative Appeals Office (AAO) reviews the questions in this matter de novo.2 Upon de 
nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(I) of the Act, 8 U.S.C. § 1184(i)(I), 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 specifi c 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: 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
1 Section 291 of the Act; Matter of Chawathe , 25 l&N Dec. 369, 375 (AAO 2010) . 
2 See Matter of Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
(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 construe the term "degree" 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 paiiicular 
position"). 
11. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, 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. 
The Petitioner designated the position on the labor condition application (LCA)3 as a Standard 
Occupation Classification (SOC) code 13-1161, "Market Research Analysts and Marketing 
Specialists" occupation, at a Level II wage. The Petitioner requires "at a minimum, a Bachelor's 
degree with a major [in] public or business administration or marketing"4 as well as fluency in English 
and Mandarin.5 
3 A petitioner is required to submit an LCA to the Department of Labor {DOL) to demonstrate that it will pay an H-1B 
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 duties, experience, and qualifications. Section 212{n){1) of 
the Act; 20 C.F.R. § 655.731(a). 
4 The Petitioner's academic requirement is in the disjunctive indicating that a degree in business administration will suffice 
to perform the duties of the position described. 
5 According to DOL's guidance, which provides a five step process for determining the appropriate wage level, a foreign 
language requirement generally requires an increase in the wage level unless the foreign language requirement is a normal 
requirement for the occupation. U.S. Dep't of Labor, Emp't & Training Ad min., Prevailing Wage Determination Policy 
Guidance, Nonagric. Immigration Programs (rev. Nov. 2009). We have considered the Petitioner's claim that its foreign 
language requirement is inherent in the job description. However, a review of the duties listed for a "Market Research 
Analyst" as discussed in the DOL's Occupational Outlook Handbook and a "Market Research Analysts and Marketing 
Specialists" occupation as discussed in the Occupational Information Network's summary report do not list a foreign 
language as an inherent element of the occupation. Rather, this is an atypical requirement and must be reflected in at least 
a one-level increase in the wage on the certified LCA in order to accommodate the special requirement. Thus, the 
Petitioner's requirement of fluency in English and Mandarin requires a Level II wage before moving to an analysis of the 
duties and assessing whether the duties require other special skills that are atypical of a generic entry-level market research 
specialist position. 
2 
Preliminarily, we conclude that the Petitioner's acceptance of a degree in business administration, 
without further specialization, is inadequate to establish the proffered position qualifies as a specialty 
occupation. 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. 6 Cf. Matter of Michael Hertz Assocs., 19 l&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)(1) 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 
conclusion that a particular position qualifies for classification as a specialty occupation. Royal Siam 
Corp., 484 F.3d at 147. 
The Petitioner's acceptance of a business administration as sufficient to perform the duties it describes 
for the proffered position leads us to conclude that the proffered position is not a specialty occupation. 
Nevertheless, for the Petitioner's information, we will address the assertions on appeal regarding the 
criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
A. First Criterion 
The criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1), 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 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. 7 
The Handbook's subchapter entitled "How to Become a Market Research Analyst,"8 does not indicate 
that a bachelor's degree in a specific specialty, or the equivalent, is normally required for entry into 
market research analysts' positions. In the initial summary of this subchapter the Handbook 
recognizes that "[ m Jost market research analysts need at least a bachelor's degree" while also reporting 
6 A general degree requirement does not necessarily preclude a proffered position from qualifying as a specialty occupation. 
For example, an entry requirement of a bachelor's or higher degree in business administration with a concentration in a 
specific field, or a bachelor's or higher degree in business administration combined with relevant education, training, 
and/or experience may, in certain instances, qualify the proffered position as a specialty occupation. In either case, it must 
be demonstrated that the entry requirement is equivalent to a bachelor's or higher degree in a specific specialty that is 
directly related to the proffered position. See Royal Siam Corp., 484 F.3d at 147. 
7 The Handbook may be accessed at https://www.bls.gov/ooh. We do not maintain that the Handbook is the exclusive 
source of relevant information. 
8 The Handbook does not identify this occupational category as "Market Research Analysts and Marketing Specialists," 
as labeled in the O*NET Online Summary Reports. 
3 
that "[ s Jome research positions may require a master's degree" and that "[ s ]trong math and analytical 
skills are essential." 9 Thus, generally these positions may require a bachelor's degree and some skills, 
but not a bachelor's degree in a specific specialty, or its equivalent. Although the Handbook also 
reports that "[m]arket research analysts typically need a bachelor's degree in market research or a 
related field," it then adds that "[m]any have degrees in fields such as statistics, math, and computer 
science. Others have backgrounds in business administration, the social sciences, or 
communications. "10 
The Handbook's observation that disparate fields of study, including statistics, computer science, and 
the social sciences, may qualify a worker to enter positions in the "Market Research Analysts" 
occupational category indicates that a bachelor's or higher degree in a specific specialty, or its 
equivalent, is not normally the minimum requirement for entry. That is, the Handbook does not 
describe the normal minimum educational requirement for the occupation in a categorical manner, 
other than recognizing that these occupations generally require a general bachelor's degree. Here, the 
Handbook does not establish that a bachelor's degree in a specific specialty, or its equivalent, is 
normally the minimum requirement for entry into the particular position. 11 
The Petitioner asserts on appeal that all the degrees listed in the Handbook as suitable for this 
occupation encompass a narrow set of academic competencies or knowledge areas and that all contain 
a background and specialized knowledge and ski I ls in statistical and data analysis and advanced market 
research methodologies. We disagree that a math degree and a social science degree, or a math and 
business administration degree, for example, necessarily encompass a narrow set of academic 
competencies or knowledge areas culminating in a bachelor's level degree in a specific discipline. We 
understand that core concepts developed in foundational courses are the prerequisites in bachelor's 
degree programs; but find that a specific bachelor's discipline then requires higher-level courses in an 
increasingly narrower body of knowledge to produce the specialized body of knowledge associated 
with a specific discipline. 
The Petitioner also refers to the DOL's Occupational Information Network (O*NET) summary report 
for "Market Research Analysts and Marketing Specialists" as establishing that such a position requires 
a bachelor's degree. Contrary to the assertions of the Petitioner, O*NET does not state a requirement 
for a bachelor's degree for this occupation. Rather, it assigns this occupation a Job Zone "Four" rating, 
which groups it among occupations for which "most ... require a four-year bachelor's degree, but 
some do not." The summary report also provides general information regarding this occupation and 
does not support a claim that the bachelor's degree in a specific discipline is required for these 
positions. The Specialized Vocational Preparation (SVP) rating cited within O*NET's Job Zone 
designates this occupation as 7 < 8. An SVP rating of 7 to less than ("<") 8 indicates that the 
9 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Market Research 
Analysts, at https://www.bls.gov/ooh/business-and-financial/market-research-analysts.htm (last visited Feb. 14, 2020). 
10 Id. 
11 We observe, however, that even if authoritative independent sources do not indicate that an occupation normally requires 
a bachelor's degree in a specific discipline, or its equivalent, at a minimum, a petitioner may still establish its particular 
position satisfies one or more of the other criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). However, as discussed above, the 
Petitioner's acceptance of a business administration degree without specialization is inconsistent with a claim that a 
bachelor's degree in a specific specialty is required to perform the duties of its particular position. 
4 
occupation requires "over 2 years up to and including 4 years" of training. While the SVP rating 
indicates the total number of years of vocational preparation required for a particular position, it is 
important to note that it does not describe how those years are to be divided among training, formal 
education, and experience - and it does not specify the particular type of degree, if any, that a position 
would require.12 The O*NET is not helpful in establishing that this occupation is a specialty 
occupation requiring a bachelor's degree in a specific specialty, or its equivalent. 
We have also considered the Petitioner's citation to Residential Finance Corp. v. USCIS, 839 F. Supp. 
2d 985 (S.D. Ohio 2012). Although we agree that "[t]he knowledge and not the title of the degree is 
what is important," there still must be a close correlation between the required "body of highly 
specialized knowledge" and the position. In general, provided the specialties are closely related, e.g., 
chemistry and biochemistry, a minimum of a bachelor's or higher degree in more than one specialty 
is recognized as satisfying the "degree in the specific specialty ( or its equivalent)" requirement of 
section 214(i){l){B) of the Act. In such a case, the required "body of highly specialized knowledge" 
would essentially be the same. However, a minimum entry requirement of a degree in disparate fields, 
such as computer science and one of the many degrees in the social sciences, 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. Section 214(i)(1)(B) of the Act (emphasis added). The Petitioner has not done so 
here. 
On appeal, the Petitioner also cites to a district court case, Raj and Co. v. USCIS, 85 F. Supp. 3d 1241 
(W.D. Wash. 2015). We reviewed the decision; however, the Petitioner has not established that the 
duties and responsibilities, level of judgment, complexity, supervisory duties, independent judgment, 
or amount of supervision in that case are analogous to the position proffered here.13 There is little 
indication that the positions are similar.14 Additionally as will be discussed in section D below, we 
note that the Petitioner's designation of its position as requiring only a Level II wage conflicts with its 
claim that said position requires more than a general degree.15 
12 For additional information, see the O*NET Online Help webpage available at 
http://www.onetonline.org/help/online/svp. 
13 We note that the 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 nova review of the matter. 
14 In Raj, the court noted that "[t]he patently specialized nature of the position sets it apart from those that merely require 
a generic degree." As discussed above, the Petitioner accepts a general business administration degree as sufficient to 
perform the duties of its particular position demonstrating that the duties of the position are not patently specialized. We 
also 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. 
15 We also are not persuaded by the Petitioner's comments on Uni cal Aviation Inc. v. INS, 248 F. Supp. 2d 931 (D.C. Cal. 
2002). The material facts of the present proceeding are also distinguishable from those in Unical. Specifically, Unical 
involves: a position for which there was a companion position held by a person ~ith a Master's degree and in the court's 
words "sufficient evidence to demonstrate that there is a requirement of specialized study for [ the beneficiary's] position." 
Again, the Petitioner here accepts a general business administration degree as sufficient to perform the position. Further, 
in Unical, the Court partly relied upon Augat, Inc. v. Tabor, 719 F. Supp. 1158 (D. Mass. 1989), for the proposition that 
Immigration and Naturalization Service (INS, now USCIS) had not used an absolute degree requirement in applying the 
"profession" standard at 8 U.S.C. § 1101(a)(32) for determining the merits of an 8 U.S.C. § 1153(a)(3) third-preference 
5 
We also note that, 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 l&N Dec. 715, 719-20 (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. Id. 
The Petitioner has not met its burden to establish that the particular position offered in this matter 
normally requires a bachelor's or higher degree in a specific specialty, or its equivalent, directly related 
to its duties in order to perform the tasks of the position. 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 concentrates upon 
the common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position.16 To satisfy the 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. 
On appeal, the Petitioner asserts that the degree requirement is common to the industry in parallel 
positions among similar organizations, but does not offer evidence or argument in support of this 
assertion.17 We briefly reviewed the job postings previously submitted and reviewed by the Director 
and note that the majority of the job postings confirm that a general business degree, not a bachelor's 
degree in a specific specialty, or its equivalent, is sufficient to perform the duties of the advertised 
positions. Additionally, many of the advertisements require more than three years of experience to 
perform the position advertised. Here, the Petitioner did not indicate that its particular position 
requires experience. The Petitioner also designated the proffered position as requiring only a Level 11 
wage, such a wage level conflicts with Job Zone Four positions that require more than three years of 
experience, even without considering the Petitioner's additional requirement of fluency in English and 
Mandarin. Accordingly, it appears that the advertised positions are not parallel to the position 
proffered here. 
visa petition. That proposition is not relevant here because the H-1B specialty occupation statutes and regulations, not in 
existence when INS denied the Augat, Inc. third-preference petition, mandate not just a baccalaureate or higher degree but 
a degree "in the specific specialty," or its equivalent. Section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). 
16 We will discuss the second pron of the second criterion in section D below 
17 We reviewed the opinion of · sident of I I an underwriting company, offered for 
the first time on appeal. We note that.__ ___ _.agrees that the Petitioner's proffered position may be performed 
with a bachelor's degree in business administration, public administration, or marketing. Thus, this opinion does not assist 
in establishing that there is a common industry requirement of a bachelor's degree in a specific specialty among similar 
organizations in parallel positions or that such a specific degree is normally the minimum requirement to enter into the 
occupation. 
6 
The record does not establish that a bachelor's degree in a specific specialty, or its equivalent is a common 
industry requirement by similar companies for parallel positions. The record does not satisfy the first 
prong of the second criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
C. Third Criterion 
The third criterion at 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. Evidence provided 
in support of this criterion may include, but is not limited to, documentation regarding the Petitioner's 
past recruitment and hiring practices, as well as information regarding employees who previously held 
the position. 
On appeal, the Petitioner lists the five members of its marketing team and their qualifications. The 
Petitioner does not provide the duties for these individuals, thus we cannot determine their day-to-day 
responsibilities within the company. The Petitioner also does not indicate whether it requires these 
individuals to be bilingual as required for the proffered position. The Petitioner also did not submit any 
information regarding the complexity of the job duties, supervisory duties (if any), independent judgment 
required, or the amount of supervision received. Thus, it is not possible to ascertain whether these 
individuals held or hold positions that are similar to the proffered position. 
Additionally, the record does not include information regarding their salaries so we may gain some 
understanding of the roles and level of responsibilities of the marketing team within the company. We 
also note that the record does not include these individuals' academic credentials but rather their 
resumes.18 The lack of information substantiating these individuals' positions and that the positions are 
the same or substantially similar to the proffered position is insufficient to establish the Petitioner's hiring 
or employment practices for the proffered position. Further, to satisfy this criterion, the record must 
establish that the specific performance requirements of the position generated the recruiting and hiring 
history. In this pursuit, the critical element is not the title of the position, or the fact that an employer has 
routinely insisted on certain educational standards, but whether petformance of the position actually 
requires the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty, or its equivalent, as the minimum 
for entry into the occupation as required by section 214(i)(1) of the Act. Here, the Petitioner has not 
established this essential requirement. 
D. Second Prong of the Second Criterion and the Fourth Criterion 
The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) 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. 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. 
18 Although a resume may provide some information regarding an individual, it is not sufficient to corroborate academic 
credentials. 
7 
We have reviewed the Petitioner's description of the proposed position and observe that this 
description appears to include some duties that correspond more closely to a content or technical 
writer.19 For example, the Beneficiary will spend 35 percent of her time on content creation, more 
specifically writing and communicating insurance and technical concepts about the Petitioner's 
insurance product in Mandarin and in English to different audiences and will research, write, and edit 
copy for print and online articles, newsletters, videos, webinars, etc.20 These duties appear to extend 
beyond the duties of a market research analyst who will research and gather data and offer analysis on 
that data, as generally described in the Handbook and O*NET. Although the occupations of a technical 
or content writer and a market research analyst appear related, the Petitioner is required to designate 
the higher-paying occupation on the certified LCA.21 Thus, the content creation duties strongly 
suggest that the LCA is not certified for the position described within the petition. 
Similarly, the Petitioner emphasizes that the proffered position requires knowledge of insurance 
products as well as immigration regulations because it markets various insurance products to the 
Chinese student community. First, basic knowledge of a company's products and its customers is 
inherent in a market research specialist's position. If the Petitioner contends that its particular position 
requires more than the basic knowledge required to market its products, and that this particular 
knowledge is specialized and complex or unique, the Petitioner has not submitted a certified LCA with 
the appropriate wage level for the position. 
That is, given that the LCA submitted in support of the petition is for a Level 11 wage, which 
incorporates the atypical foreign language requirement, the Petitioner has not accounted for the 
complexity, specialization, or uniqueness of the claimed duties, in its designation of the certified 
wage. In other words, the petition may not be approved based on the record of proceedings as currently 
constituted because the Petitioner has not provided an LCA that corresponds to the Level 111 or IV 
complex and specialized position it claims it is offering to the Beneficiary. Alternatively, if the 
Petitioner claims that the LCA was certified for the proper wage level, it demonstrates that the 
proffered position is not particularly specialized and complex and confirms that the Director's initial 
conclusion that the proffered position is not a specialty occupation was correct. 
19 Notably, the relevant prevai I ing wage for a Level 11 "Technical Writers" position ($65,728 per year) and the relevant 
prevailing wage for a Level II "Writers and Authors" position ($65,166 per year) are higher than the relevant prevailing 
wage for a Level II "Market Research Analysts and Marketing Specialists" position ($63,336 per year). See FLC Data 
Center Online Wage Library for "Technical Writers" at https://flcdatacenter.com/OesQuickResults.aspx?code=27-
3042&area~year=18&source=1; and for "Writers and Authors" at 
https://flcdatacenter. com/OesQu ickR esu lts.aspx?code=27 -3043&area:::e=k year=18&sou rce= 1. Such a wage 
disparity highlights the difference between these occupational categories generally, and more specific to this case, the 
significance of the Petitioner's choice of the lower paying occupational category. 
20 These duties appear more closely related to conducting research to get factual information and writing advertising copy 
for newspapers, magazines, broadcasts, and the Internet, duties that appear in the Handbook's subchapter on "Writers and 
Authors;" and the duties of writing supporting content for products and standardizing the content across platforms and 
media as found in the Handbook's report on "Technical Writers." See Bureau of Labor Statistics, U.S. Dep't of Labor, 
Occupational Outlook Handbook, Writers and Authors at https://www.bls.gov/ooh/media-and-communication/technical­
writers.htm and Technical Writers at https://www.bls.gov/ooh/media-and-communication/technical-writers.htm, 
respectively. 
21 See generally 8 C.F.R. § 214.2(h); U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination 
Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC_Guidance_Revised_11_2009.pdf. 
8 
The Petitioner also notes that the Beneficiary's accumulated valuable and relevant professional 
experience since 2009 help demonstrate the proffered position is a specialty occupation. However, 
the test to establish a position as a specialty occupation is not the skill set or education of a proposed 
beneficia,[' but whether the position itself qualifies as a specialty occupation. 22 We also again 
reviewed ts opinion and his claim that insurance products are inherently complicated 
and the intersecting regulatory framework for insurance and immigration in the proffered position are 
key factors in raising the degree of complexity of the proffered position beyond a typical market 
research analyst position. Again, however, there is no probative evidence that performing the duties 
the Petitioner describes requires more than a general business administration degree along with the 
basic knowledge of the Petitioner's products and market audience. Here, although the Petitioner 
asserts that the duties require highly complex and advanced skills, the Petitioner does not sufficiently 
develop the specialization, complexity, or uniqueness aspect of the proffered position and has not 
designated the proffered position as requiring more than an entry-level wage with the added 
requirement of fluency in two (English/Mandarin) languages. The Petitioner has not established that 
the proffered position is more specialized and complex or unique than a market research specialist 
position that requires only a general bachelor's degree, such as a bachelor's degree in business 
administration. 
Upon review of the totality of the evidence submitted, the Petitioner has not established that more 
likely than not, the proffered position is a specialty occupation under any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). Moreover, the record does not establish that the Petitioner satisfied the statutory 
and regulatory definitions of specialty occupation. 
ORDER: The appeal is dismissed. 
22 The Petitioner cites to Tapis Int'! v. Immigration and Naturalization Service, 94 F. Supp. 2d 172 (D. Mass. 2000) on 
appeal. We agree that, if the requirements to perform the duties and job responsibilities of a proffered position are a 
combination of a general bachelor's degree and experience such that the standards at both section 214(i)(l )(A) and (B) of 
the Act have been satisfied, then the proffered position may qualify as a specialty occupation. We do not conclude, 
however, that the U.S. district court in Tapis is stating that any position can qualify as a specialty occupation based solely 
on the claimed requirements of a petitioner. We also note here, the Petitioner although referencing the Beneficiary's 
experience does not assert that the proffered position requires a bachelor's degree in a specific specialty and experience. 
A requirement of experience, depending on the number of years required, would also necessarily require an increase in a 
wage level. 
9