dismissed H-1B Case: Marketing

MATTER OF R-M-E-, LLC 
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 fiber optic cable engineering company, seeks to temporarily employ the 
Beneficiary as a marketing specialist under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8 U.S.C. 
§ 110l(a)(l5)(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. 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 R-M-E-, 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). 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 13 9, 14 7 (I st 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-1B petition, the Petitioner stated that the Beneficiary will serve as a "marketing specialist." 
In response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the position: 
Responsible for designing, creating and delivering marketing programs to support the 
growth and expansion of RME services. 25% of time spent on task. 
a. Research the market to understand the type of marketing programs needed for the 
different markets including statistics and preparation reports. 
b. Design an internet presence using online media. 
c. Create printing and online advertising. 
d. Deliver marketing programs through personal, online and printed media, and 
presentations at conferences to the cable industry. 
Develop sales presentations and provide reports based on information collected such 
as marketing trends, competition, new services and strategies, and pricing. 25% of 
time spent on task. 
a. Preparation of supportive materials. 
b. Drafting sales presentations. 
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Matter of R-M-E-. LLC 
c. Preparation of reports. 
d. Writing internal and external communication documents. 
Rely on experience and judgement to plan and accomplish goals. 15% spent on each 
task. 
a. Rely on previous marketing experience and knowledge of the industry to plan a 
successful marketing program. 
b. Use his judgement in preparing a successful marketing program. 
A wide degree of creativity and latitude is expected. 10% 
a. Think outside of the box to promote the company. 
b. Create innovative programs to promote the company to new markets. 
Reports to the General Manager. 15% 
a. Prepare reports on the new marketing strategies. 
b. Prepare reports on the accomplishments of the new marketing strategies. 
c. Participate in business development decisions. 
d. Internalize and represent the voice of the customer and seller through the 
prioritized category lifecycle. 
Works closely with Project Managers in order to plan new services and strategies 
according to specific projects. 10% oftime spent on task. 
a. Provide ideas on how to create new services according to specific projects and the 
data obtained in the marketing research. 
b. Relate information from potential clients of the services that they expect to obtain 
from our company. 
According to the Petitioner, the position requires a bachelor's degree in business with an emphasis in 
marketing. 
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- Matter of R-M-E-, LLC 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set. out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation. 2 
A. First Criterion 
We tum 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.3 
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 "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.4 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
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 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
4 The Petitioner 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 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 _Guidance_ Revised _II_ 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. Id 
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Matter of R-M-E-, LLC 
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 ~ocial sciences, such as economics or consumer 
behavior, are also important. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a master's degree in 
business administration (MBA). A master's degree is often required for leadership 
positions or positions that perform more technical research. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion and 
marketing research. Individuals must complete 20 hours of industry-related 
continuing education courses every 2 years to renew their certification. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Market Research Analysts, http://www. bls. gov I ooh/business-and- financial/market- research­
analysts.htm#tab-4 (last visited Nov. 9, 2016). 
When reviewing the Handbook, we must 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 ~n a senior or leadership role or in a position that performs more 
technical research that requires a master's degree. 
In its appeal, the Petitioner asserts that the O*NET description of market research analysts and 
marketing specialists reflects that 96% of those who hold these positions have at least a bachelor's 
degree. However, we note that in order to establish a proffered position as specialty occupation the 
Petitioner must demonstrate that not only a bachelor's degree is required, but that this degree be in a 
specific specialty for minimum entry into the position. First, although the O*NET description of 
market research analysts and marketing specialists indicates that the vast majority of those employed 
in these positions have a bachelor's degrees, it does not indicate that these position require a degree 
in a specific specialty for entry. O*NET OnLine Summary Report for" 13-1161.00- Market Research 
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Matter of R-M-E-, LLC 
Analysts and Marketing Specialists," http://www.onetonline.org/link/summary/13-11614.00 (last 
visited Nov. 9, 2016). 
In fact, the Handbook reports that market research analysts have degrees and backgrounds in a wide­
variety of disparate fields. That is, while the Handbook states that employees typically need a 
bachelor's degree in market research or a related field, it continues by specifying that many market 
research analysts have degrees in fields such as statistics, math, or computer science. According to 
the Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
It further states that courses in communications and social sciences (such as economics, psychology, 
and sociology) are also important. Therefore, although the Handbook indicates that market research 
analysts typically need an advanced degree, it also indicates that degrees and backgrounds in various 
fields are acceptable for jobs in this occupation, including computer science, social sciences, 
statistics, and communications. 
As discussed, a minimum entry requirement of a degree in disparate fields, such as philosophy and 
engineering, would not meet the statutory requirement that the degree be "in the specific specialty 
(or its equivalent)," unless the petitioner establishes how each field is directly related to the duties 
and responsibilities of the particular position such that the required body of highly specialized 
knowledge is essentially an amalgamation of these different specialties. Section 214(i)(l )(B) of the 
Act (emphasis added). 
The Handbook also states that "others have a background in business administration." While a 
general-purpose bachelor's degree, such as a degree in business administration, may be a legitimate 
prerequisite for a particular position, requiring such a degree, without more, will not justify a finding 
that a particular position qualifies for classification as a specialty occupation. See Royal Siam Corp. 
v. Cherto,[f, 484 F.3d at 147. 
That is, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree 
in a specific specialty (or its equivalent) that is directly related to the proposed position. Since there 
must be a close correlation between the required specialized studies and the position, the 
requirement of a degree with a generalized title, such as business administration, without further 
specification, does not establish the position as a specialty occupation. C.f Matter o,fMichael Hertz 
Associates, 19 I&N Dec. 558, 560 (Comm'r 1988). Therefore, the Handbook's recognition that a 
general, non-specialty "background" in business administration is sufficient for entry into the 
occupation strongly suggests that a bachelor's degree in a specific 5pecialty is not normally the 
minimum entry requirement for this occupation. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
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Matter of R-M-E-, LLC 
credential is granted by the Marketing Research Association to those who pass an exam and have at 
least three years of experience working in opinion and market research. 5 
We reviewed the Marketing Research Association's website, which confirms the Handbook's 
statement regarding the requirements for professional certification (i.e., passage of an exam and 
three years of relevant industry experience), and further specifies that the "Education" necessary to 
apply for professional certification is "12 industry-related education hours within the two preceding 
years." The Marketing Research Association website provides the following information about the 
Professional Researcher Certification program: 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing, establish an objective measure of an 
individual's knowledge and proficiency and to encourage professional development. 
PRC is a powerful tool for individual researchers of all levels of work experience and 
education. Certification standards increate consumer understanding of research and 
foster premier professional standards in the profession. 
Marketing Research Association, http://www.marketingresearch.org/advance-career/prc (last visited 
Nov. 9, 2016). 
In the "frequently asked questions" section, the website further states: 
!d. 
The benefits of a Certification program are both industry-wide and individual. For the 
individual, it is a means of differentiating oneself, a "badge" of competence in the 
given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
The Marketing Research Association emphasizes that the credentialing program encourages the 
highest standards within the profession, establishes an objective measure of an individual's 
knowledge and proficiency, and encourages professional development. According to the 
association's website, the credential provides an individual "a badge" of competence in the given 
areas and that the individual is current in knowledge and experience. The narrative continues by 
stating that the credential provides a vehicle for developing a pool of well-trained, competent 
marketing researchers, thereby improving both perceived and substantive standards. The website 
does not indicate that the market research analyst positions have any particular academic 
5 The Marketing Research Association website states that the association was founded in 1957 and is the leading and 
largest association of opinion and marketing research professions. For additional information, see 
http://www.marketingresearch.org/about (last visited Nov. 9, 20 16). 
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Matter of R-M-E-, LLC 
requirements for entry, nor does it indicate that these positions require any particular level of 
education to be identified as qualified and possessing a level of expertise and competence. In fact, it 
states that PRC is "a powerful tool for individual researchers of all levels of work experience and 
education." 
Thus, the Handbook and the Marketing Research Association website do not support the claim that 
the occupational category "Market Research Analysts" is one for which normally the minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty, or its 
equivalent. Even if it did, to satisfy the first criterion, the Petitioner must provide evidence to 
support a finding that the particular position proffered would normally have such a minimum, 
specialty degree requirement or its equivalent. 
In the appeal, the Petitioner cites to a district court case, Raj and Company v. US. Citizenship and 
Immigration Services, 85 F. Supp. 3d 1241 (W.O. Wash. 2015) and asserts that this case establishes 
that the market research analyst occupational category requires a bachelor's degree in market 
research for minimum entry into the field.6 In the district court case, the employer designated the 
position as a "Marketing Analyst & Specialist" position.7 However, upon review of the decision, 
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.8 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 USC IS' 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.9 In fact, 
the Petitioner cites this very passage on appeal. 
6 In contras.t 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 (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. 
7 
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. 
8 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. 
9 
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 
8 
Matter of R-M-E-, LLC 
In Raj, the court concluded that the employer met the first criterion. However, the court stated that 
"[t]he first regulatory criterion requires the agency to examine the generic position requirements of a 
market research analyst in order to determine whether a specific bachelor's degree or its equivalent 
is a minimum requirement for entry into the profession." Thus, the decision misstates the regulatory 
requirement. That is, the first criterion requires a petitioner to establish that a baccalaureate or 
higher degree (in a specific specialty) or its equivalent is normally the minimum requirement for 
entry into the particular position. 
Consequently, if the court meant to suggest that any position classified under the occupational 
category "Market Research Analysts" would, as it stated, "come within the first qualifying criteria" -
we must disagree.10 The occupational category designated by a petitioner is considered as an aspect 
in establishing the general tasks and responsibilities of a proffered position, and users regularly 
reviews the Handbook on the duties and educational requirements of the wide variety of occupations 
that it addresses. However, to satisfy the first criterion, the burden of proof remains on a petitioner to 
submit sufficient evidence to support a finding that its particular position would normally have a 
minimum, specialty degree requirement or its equivalent for entry. That is, to determine whether a 
particular job qualifies as a specialty occupation, USCIS does not simply rely on a position's title or 
designated occupational category. The specific duties of the proffered position, combined with the 
nature of the petitioning entity's business operations, are factors to be considered. USCIS must 
\ examine the ultimate employment of the beneficiary, and determine whether the position qualifies as 
a specialty occupation. See generally Defensor v. Meissner, 201 F.3d at 384. 
In addition, it is important to note that the court in Raj determined that the evidence in the record 
demonstrated that the particular position proffered required a bachelor's degree in market research or 
its equivalent as a minimum for entry. Further, the court noted that "[t]he patently specialized nature 
of the position sets it apart from those that merely require a generic degree." The position in Raj 
can, therefore, be distinguished from the instant position. Here, the duties and requirements of the 
position as described in the record of proceeding do not indicate that this particular position 
proffered by the Petitioner is one for which a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is normally the minimum requirement for entry. 
The Petitioner also cites to Residential Fin. Corp. v. US. Citizenship & Immigration Services, 839 F. 
Supp. 2d 985 (S.D. Ohio 2012) as relevant here. As in Raj, the H-lB petition in Residential Fin. 
Corp. was never appealed to our office through th~ 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. 
214(i)(1)(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). ' 
10 
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. 
9 
Matter of R-M-E-, LLC 
Had we been afforded the opportunity to do so, based on that court's findings, we may very well 
have remanded the matter to the service center for a new decision for many of the same reasons 
articulated by the district court if these errors could not have been remedied by our de novo review 
of the matter. It is important to note that in a subsequent case that was reviewed in the same 
jurisdiction, the court agreed with our analysis of Residential Fin. Corp. See Health Carousel, LLC 
v. US. Citizenship & Immigration Services, No. 1:13-CV-23, 2014 WL 29591 (S.D. Ohio 2014). 
Further, the Petitioner does not articulate how this decision relates to the facts of the current matter. 
As noted, the Petitioner must establish that the particular position proffered is one for which a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry. It is not sufficient to vaguely compare the current matter to the 
aforementioned district court decision and suggest that this thereby demonstrates that all marketing 
research analyst positions require a bachelor's degree in a specific specialty. 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J). 
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 eomplex 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. 
Furthermore, the Petitioner did not submit any letters or affidavits from similar firms or individuals in 
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Matter of R-M-E-, LLC 
the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." 
In its appeal, the Petitioner submits several job vacancy announcements for marketing positions in the 
telecommunications industry and states that these establish that a bachelor's degree in marketing "is the 
norm among similar positions." However, these postings do not establish eligibility under this prong, as 
they do not reflect that a requirement of a bachelor's degree in a specific specialty, or the equivalent, is 
common to the industry in parallel positions among similar organizations. First, the Petitioner did not 
provide any independent evidence of how representative these job vacancy advertisements are of the 
particular advertising employers' recruiting history for the type of jobs advertised. Further, as they are 
only solicitations for hire, they are not evidence of the employers' actual hiring practices. The job 
vacancy announcements also appear to have been placed by cable companies that provide these services 
directly, such as cable television, while the Petitioner conducts business in a sub-category providing 
engineering services related to fiber optic cables. The Petitioner does not explain or provide evidence to 
demonstrate that these varying marketing positions are parallel to the Beneficiary's proffered position. 
Without such evidence, job vacancy announcements are generally outside the scope of consideration for 
this criterion, which encompasses only similar organizations within the Petitioner's industry. 
In addition, even if we are to accept that these positions are parallel, several of the provided 
announcements state, much like the Handbook description of the marketing research analyst 
occupational category, that a bachelor's degree in several different disciplines is sufficient for entry into 
these positions. For instance, the Petitioner provided job vacancy announcements from a cable 
company for a senior marketing specialist, a business analyst- marketing, a digital account planner, and 
a digital marketing business analyst, all which indicate that a bachelor's degree in varying fields of 
study would be sufficient, including degrees in marketing, advertising, or "a related field." Likewise, 
the Petitioner submitted six different marketing positions posted by a large cable provider, all of which 
indicate that a "bachelor's degree or equivalent" would be minimally sufficient for these positions. 
Moreover, another submitted marketing specialist job posting reflects that a bachelor's in "Marketing, 
Communication or equivalent experience [would be] considered," while another specifies that a 
bachelor's degree from a four year college is required and a master's in business administration is 
preferred. 
Finally, yet another marketing specialist position posting states that a bachelor's degree in "Marketing, 
Business Administration, Management or [a] similar field" would suffice for the position. None of 
these job postings reflect that a bachelor's degree in any specific specialty is required, including a 
degree in marketing. In fact, they reference several others, including business administration, 
communication, management, or another similar or related field. As such, the submitted job postings 
only reinforce a conclusion that a requirement of a bachelor's or higher degree in a specific specialty, 
or its equivalent) is not common to the industry in parallel positions among similar organizations. 
Further, a general degree, or a degree of general applicability, such as a degree in business 
administration, does not establish a position as a specialty occupation. USCIS has consistently 
stated that, 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, 
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Matter of R-M-E-, LLC 
without more, will not justify a finding that a particular position qualifies for classification as a 
specialty occupation. Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007). 
Finally, even if all of the job vacancy announcements advertised parallel positions at organizations 
similar to the Petitioner and in the Petitioner's industry and required a minimum of a bachelor's degree 
in a specific specialty or its equivalent, the Petitioner has not demonstrated what statistically valid 
inferences, if any, could be drawn from the announcements provided with regard to the common 
educational requirements for entry into parallel positions in similar organizations. 11 
Thus, the Petitioner has not satisfied the first alternative prong of 8 C.F .R. § 214.2(h)( 4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other market research analyst positions that can be performed by persons without 
at least a bachelor's degree in a specific specialty, or its equivalent. 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 
Research Analysts" occupational category, which, the Handbook indicates, do not necessarily 
require a person with at least a bachelor's degree in a specific specialty or its equivalent to enter 
those positions. 
J 
More specifically, the Petitioner has not demonstrated how the 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 of the 
proffered position. While related courses may be beneficial, or even essential, in performing certain 
11 
USCIS "must examine each piece of evidence for relevance, probative value, and credibility, both individually and 
within the context of the totality of the evidence, to determine whether the fact to be proven is probably true." Matter of 
Chawathe, 25 I&N Dec. 369, 376 (AAO 20 I 0). As just discussed, the Petitioner has not established the relevance of the 
job advertisements submitted to the position proffered in this case. Even if their relevance had been established, the 
Petitioner still would not have demonstrated what inferences, if any, could be drawn from these few job postings with 
regard to determining the common educational requirements for entry into parallel positions in similar organizations in 
the same industry. See generally Earl Babbie, The Practice of Social Research 186-228 ( 1995). 
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Matter of R-M-E-, LLC 
duties of the marketing specialist position, the Petitioner has not demonstrated how an established 
curriculum of such courses leading to a baccalaureate or higher degree in a specific specialty, or its 
equivalent, is required to perform the duties of the proffered position. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary would perform routine 
tasks requiring limited judgement under close supervision. Without further evidence, the evidence 
does not demonstrate that the proffered position is relatively 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 (ex~erienced) or Level IV (fully competent) position, requiring a significantly higher prevailing 
wage. 1 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 his 
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. 
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. 
In the current matter, the Petitioner states that a bachelor's degree in marketing is normally required 
for the position. However, the Petitioner provides no documentary evidence to support this 
assertion. A petitioner's unsupported statements are of very limited weight and normally will be 
12 
The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
,occupation. Nevertheless, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent, for entry. Similarly, 
however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty occupation if that 
higher-level position does not have an entry requirement of at least a bachelor's degree in a specific specialty or its 
equivalent. That is, a position's wage level designation may be a consideration but is not a substitute for a determination 
ofwhether a proffered position meets the requirements of section 214(i)(l) ofthe Act. 
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Matter of R-M-E-, LLC 
insufficient to carry its burden of proof, particularly when supporting documentary evidence would 
reasonably be available. See Matter of Sojjici, 22 I&N Dec. 158, 165 (Comm'r 1998) (citing Matter 
ofTreasure Craft ofCal., 14 I&N Dec. 190 (Reg'l Comm'r 1972)); see also Matter o.fChawathe, 25 
I&N Dec. 369, 376 (AAO 201 0). The Petitioner must support its assertions with relevant, probative, 
and credible evidence. See Matter ofChawathe, 25 I&N Dec. at 376. 
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 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. 
Relative specialization and complexity have not been sufficiently developed by the Petitioner as an 
aspect of the proffered position's duties. In other words, the proposed duties have not been 
described with sufficient specificity to show that their nature is more specialized and complex than 
market research analyst positions whose duties are not of a nature so specialized and complex that 
their performance requires knowledge usually associated with a degree in a specific specialty. In 
reviewing the record of proceeding under this criterion, we reiterate our earlier discussion regarding 
the Handbook's findings for positions located within the "Market Research Analysts" occupational 
category. Again, the Handbookdoes not indicate that a bachelor's degree in a specific specialty, or 
the equivalent, is a standard, minimum requirement to perform the duties of such positions (to the 
contrary, it indicates precisely the opposite), and the record indicates no factors that would elevate 
the duties proposed for the Beneficiary above those discussed for similar positions in the Handbook. 
With regard to the specific duties of the position proffered here, we find that the record of 
proceeding lacks sufficient, credible evidence establishing that they are so specialized and complex 
that the knowledge required to perform them is usually associated with the attainment of a 
bachelor's degree in a specific specialty, or the equivalent. 
We also incorporate our earlier discussion and analysis regarding the duties of the proffered position, 
and the 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. The Petitioner has not 
demonstrated in the record that its proffered position is one with duties sufficiently specialized and 
complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F .R. § 214.2(h)( 4 )(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. The burden is on the 
Petitioner to show eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 
1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. 
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Matter of R-M-E-, LLC 
ORDER: The appeal is dismissed. 
Cite as Matter of R-M-E-, LLC, ID# 186099 (AAO Nov. 22, 2016) 
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