dismissed H-1B Case: Marketing Research

U.S. Citizenship 
and Immigration 
Services 
In Re : 5630153 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 23, 2020 
The Petitioner , an educational consulting agency , seeks to temporarily employ the Beneficiary as a 
"marketing research analyst" under the H-lB nonimmigrant classification for specialty 
occupations . See Immigration and Nationality Act (the Act) section 10l(a)(l5)(H)(i)(b), 8 U.S .C. 
§ l 10l(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 of the Vermont Service Center denied the petition , concluding that the Petitioner did not 
establish that the proffered position qualifies as a specialty occupation . 
On appeal , the Petitioner submits a brief and additional evidence, and asserts that the Director erred 
in denying the petition . 
Upon de nova review , we will dismiss the appeal. 1 
I. LEGAL FRAMEWORK 
Section 2 l 4(i)(l) of the Act, 8 U.S.C. § 1 l 84(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: 
1 We follow the preponderanc e of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010) . 
( I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). 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 particular 
position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. THE PROFFERED POSITION 
The Petitioner stated that the Beneficiary will be employed as a marketing research analyst. In 
response to the Director's request for evidence (RFE), the Petitioner described the proffered position 
(verbatim) as follows: 
Duty Percentage of Time 
Data Gathering and Management for Marketing Research Projects on 23% 
Marketing Campaign, Marketing Strategies, Internet Marketing, Customer 
Preferences, Market Trends, Competitor Analysis, etc. 
• analytically utilize surveys, focus groups and interviews to gather 
data 
• contribute to team research project and respond to ad hoc research 
requests 
Marketing Data Modeling and Analysis 17% 
• interpret the collected data and organize this information into 
statistical tables and reports and analyze and present data in verbal 
and visual forms 
Formulating Reports and Presentations on Marketing Data Analysis Results 17% 
and Findings 
• draft analyses, research reports, and presentations of various lengths 
Presenting to and Communicating with Colleagues, Supervisors, and 23% 
Outside Consultants on Research Findings and Recommendations via 
2 
Meetings, Email, Phone, and Video Calls with Written Reports, Charts, 
Slides, etc. 
• presenting findings through charts, graphs, and other visual means 
to executives and clients in order to help them make better informed 
decisions about product introductions, modifications, and marketing 
campaigns. 
Track, Follow and Summarize Industry and Company News 10% 
Enhance and maintain company's Chinese website and CRM database, 5% 
supporting new technical integrations 
Attend Industry Conferences and Speak to Industry Contacts 5% 
The Petitioner also provided a list of projects that the Beneficiary would work on and to which she 
would apply the above-stated duties. The Petitioner stated that the position requires an individual with 
at least a bachelor's degree or a master's degree in statistics, data analytics, or a related field. It also 
indicated that a successful candidate would need to be able to speak both the English and Chinese 
languages. 2 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons discussed below, we have determined that 
the Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 3 
Specifically, we conclude that the record does not establish that the job duties require an educational 
background, or its equivalent, commensurate with a specialty occupation. 4 
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. We recognize the U.S. Department of Labor's (DOL) Occupational 
Outlook Handbook (Handbook) as a source on the duties and educational requirements of the wide 
variety of occupations that it addresses. 5 
2 The record does not clarify whether a bachelor's or master's degree is the actual minimum requirement. If a master's 
degree is in fact required, it would have necessitated, at minimum, a one-level increase to the LCA's wage level. At 
minimum, the foreign language requirement necessitated an additional one-level increase. We therefore question whether 
the certified LCA submitted with this petition actually corresponds to and supports the H-IB petition, as required. As the 
proffered position is not a specialty occupation, we will not address this issue further, other than to advise the Petitioner 
that it should be prepared to address the matter in any future H-IB filings. 
3 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
4 The Petitioner submitted documentation in support of 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. 
5 We do not maintain that the Handbook is the exclusive source of relevant information. That is, the occupational category 
designated by the Petitioner is considered as an aspect in establishing the general tasks and responsibilities of a proffered 
position, and we regularly review the Handbook on the duties and educational requirements of the wide variety of 
occupations that it addresses. To satisfy the first criterion, however, the burden ofproofremains 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. 
3 
On the labor condition application (LCA) 6 submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification (SOC) code 
13-1161. Thus, we reviewed the Handbook's subchapter entitled "How to Become a Market Research 
Analyst," which states, in pertinent part, that market research analysts typically need a bachelor's 
degree in market research or a related field. 7 According to the Handbook, some individuals have 
degrees in fields such as statistics, math, computer science, business administration, the social 
sciences, or communications. It continues by stating that some jobs require a master's degree and that 
many analysts complete degrees in fields such as statistics and marketing or earn a master's degree in 
business administration (MBA). 8 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. The Handbook farther identifies various courses as essential to this occupation, 
including statistics, research methods, and marketing and farther elucidates that courses in 
communications and social sciences (such as economics, psychology, and sociology) are also 
important. Therefore, although the Handbook indicates that market research analysts may need an 
advanced degree, particularly for "leadership positions or positions that perform more technical 
research," it also indicates that degrees and backgrounds in various fields are acceptable for jobs in 
this occupation - including computer science and the social sciences, as well as statistics and 
communications. 9 
In addition to recognizing degrees in disparate fields, i.e., social science and computer science as 
acceptable for entry into this field, the Handbook also states that "[ o ]thers have backgrounds in 
business administration." Although a general-purpose bachelor's degree, such as a degree in business 
administration, may be a legitimate prerequisite for a particular position, requiring such a degree, 
without more, will not justify a finding that a particular position qualifies for classification as a 
specialty occupation. Royal Siam Corp., 484 F .3d at 14 7. Therefore, the Handbook's recognition that 
6 A petitioner submits the LCA to DOL to demonstrate that it will pay an H-1 B worker the higher of either the prevailing 
wage for the occupational classification in the area of employment or the actual wage paid by the employer to other 
employees with similar duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
7 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Market Research Analysts, 
https://www.bls.gov/ooh/business-and-financial/market-research-analysts.htm (last visited Oct. 22, 2020). 
8 Id. 
9 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. Since there must be a close conelation between the required "body of highly specialized 
knowledge" and the position, however, a minimum entry requirement of a degree in two 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. Section 214(i)( I )(B) of the Act ( emphasis added). 
Whether read with the statutory "the" or the regulatory "a," both readings denote a singular "specialty." Section 
214(i)(l)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). Still, we do not so narrowly interpret these provisions to exclude 
positions from qualifying as specialty occupations if they permit, as a minimum entry requirement, degrees in more than 
one closely related specialty. This also includes even seemingly disparate specialties provided the evidence of record 
establishes how each acceptable, specific field of study is directly related to the duties and responsibilities of the particular 
position. 
4 
a general, non-specialty "background" in business administration, or one of a number of other fields, 
is sufficient for entry into the occupation strongly suggests that a bachelor's degree in a specific 
specialty is not a standard, minimum entry requirement for this occupation. The Handbook, therefore, 
does not support the assertion that at least a bachelor's degree in a specific specialty, or its equivalent, 
is normally the minimum requirement for these positions. 
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 PRC 
is granted by the Marketing Research Association, now known as the Insights Association, 10 to those 
who pass an exam, and have at least three years of experience working in opinion and market 
research. 11 
We reviewed the Insights Association's website, 12 which confirms the Handbook's statement 
regarding the requirements for the PRC (i.e., passage of an exam and three years of relevant industry 
experience), and further specifies that the "education" necessary to apply for PRC is "12 
industry-related education hours within the two preceding years." The website includes information 
regarding "How to Enter the Industry" which lists a variety of possible degrees, such as business 
administration, liberal arts, computer science, social science, and communications, and a variety of 
"helpful skills," including "attention to detail," "presentation skills," and "basic computer skills." 13 It 
does not indicate that a market research analyst position has any specific minimum academic 
requirement for entry, nor does it state that it requires any particular level of education to be identified 
as qualified and possessing a level of expertise or competence. Instead, the Insights Association's 
website highlights the importance of professional experience and industry-related professional courses 
(through conferences, seminars, and webinars). Consequently, neither the Handbook nor the Insights 
Association website support the claim that positions located within the "Market Research Analysts" 
occupational category normally require at least a bachelor's degree in a specific specialty, or the 
equivalent. 
In the absence of support from the Handbook, the Petitioner references information from DOL's 
Occupational Information Network (O*NET) summary report for "Market Research Analysts and 
Marketing Specialists" listed as SOC code 13-1161.00, an evaluation of the position, and case law. We 
find none of this documentation persuasive. Though relevant, the information from O*NET does not 
establish the Petitioner's eligibility under the first criterion, as it does not establish that a bachelor's 
degree in a spec[fic specialty, or the equivalent, is normally required. The summary report provides 
general information regarding the occupation; however, it does not support the Petitioner's assertion 
10 The Marketing Research Association merged with the Council of American Survey Research Organizations in 2017 to 
become the Insights Association. See http://www.insightsassociation.org/about (last visited Oct. 22, 2020). The Insights 
Association is therefore the successor to the Marketing Research Association. 
11 The Insights Association website states that it "strives to effectively represent, advance, and grow the research profession 
and industry." For additional infonnation, see http://www.insightsassociation.org/about (last visited Oct. 22, 2020). 
12 The Petitioner submits excerpts from this website for consideration on appeal. The Petitioner's reliance on this website 
and its specific assertions on appeal will be discussed in fmther detail under our review of the second criterion of 8 C.F .R. 
§ 214.2(h)(4)(iii)(A)(l). 
13 See https://www.insightsassociation.org/career-guide (last visited Oct. 22, 2020). 
5 
regarding the educational requirements for these positions. For example, the Specific Vocational 
Preparation (SVP) rating, which is defined as "the amount of lapsed time required by a typical worker 
to learn the techniques, acquire the information, and develop the facility needed for average 
performance in a specific job-worker situation," cited within O*NET's Job Zone designates this 
position as having an SVP 7 < 8. This indicates that the occupation requires "over 2 years up to and 
including 4 years" of training. 14 While the SVP rating provides 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. 15 The O*NET summary report for this 
occupation also does not specify that a degree is required, but instead states, "most of these occupations 
require a four-year bachelor's degree, but some do not." Similar to the SVP rating, the Job Zone Four 
designation does not indicate that any academic credentials for Job Zone Four occupations must be 
directly related to the duties performed. 
Further, we note that the summary report provides the educational requirements of 96% of 
"respondents," but does not account for 100% of the "respondents." The respondents' positions within 
the occupation also are not distinguished by career level (e.g., entry-level, mid-level, senior-level). 
Additionally, the graph in the summary report does not indicate that the "education level" for the 
respondents must be in a specific specialty. 
O*NET, therefore, also does not support the assertion that at least a bachelor's degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for these positions. 
Nor do we find persuasive the position evaluation prepared by~-------~ofi.__ ____ ~ 
University. In his letter, I k 1) describes the credentials that he asserts qualify him to opine 
upon the nature of the proffered position; (2) briefly lists some of the duties proposed for the 
Beneficiary; and (3) states that these duties require a bachelor's degree in statistics, data analytics or 
a related field. We carefully evaluated I I assertions in support of the instant petition but find 
them insufficient. 16 
.__ __ ___,!states that his assessment is based upon the Handbook and O*NET descriptions of Market 
Research Analyst positions, the Petitioner's support letter and organizational chart, and the 
Beneficiary's academic records. While I I provides a brief: general description of the 
Petitioner's business activities, he does not demonstrate in-depth knowledge of its operations or how 
the duties of the position would actually be performed in the context of its business enterprise. 
14 This training may be acquired in a school, work, military, institutional, or vocational environment. Specific vocational 
training includes: vocational education, apprenticeship training, in-plant training, on-the-job training, and essential 
experience in other jobs. 
15 For additional information, see the O*NET Online Help webpage available at http://www.onetonline.org/help/ 
online/svp. 
16 We hereby incorporate our discussion o+i~--~l letter into our discussion of the other 8 C.F.R. § 214.2(h)(4)(iii)(A) 
criteria. 
6 
As we have already discussed previously, the information contained in the Handbook and O*NET 
does not support a conclusion that Market Research Analyst positions are specialty occupations. 17 As 
such, it is necessary to examine the proffered position specifically and not in the aggregate of the 
occupational category generally. I~ I does not deem it necessary to carefully and individually 
consider the specifics of the proffered position and its duties, his opinion that the position is a specialty 
occupation has little credibility. 
The Petitioner cites to Residential Finance Corp. v. USCIS, 839 F. Supp. 2d 985 (S.D. Ohio 2012), 
for the proposition that "[t]he knowledge and not the title of the degree is what is important. Diplomas 
rarely come bearing occupation-specific majors. What is required is an occupation that requires highly 
specialized knowledge and a prospective employee who has attained the credentialing indicating 
possession of that knowledge." 
We agree with the aforementioned proposition that "[t]he knowledge and not the title of the degree is 
what is important." 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. Again, since there must be a close correlation between the required "body of highly 
specialized knowledge" and the position, however, a minimum entry requirement of a degree in two 
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. Section 214(i)(l )(B) 
of the Act ( emphasis added). For the aforementioned reasons, however, the Petitioner has not met its 
burden to establish that the particular position offered in this matter requires a bachelor's or higher 
degree in a specific specialty, or its equivalent, directly related to its duties in order to perform those 
tasks. Furthermore, 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 Finance. See Health Carousel, LLC 
v. USCIS, No. 1:13-CV-23, 2014 WL 29591 (S.D. Ohio 2014). 
The Petitioner also cites to Raj and Co. v. USCIS, 85 F. Supp. 3d 1241 (W.D. Wash. 2015) in asserting 
that qualifying occupations are not restricted to those which have a single, specifically tailored and 
titled degree program. 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 USCIS's reasonable interpretation of the regulatory 
framework. In the decision, the court noted that "permitting an occupation to qualify simply by 
requiring a generalized bachelor's 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 
prov1s10n. 
171 I does not address the fact that O*NET places jobs located within this occupational categ01y into Job Zone 
Three: "[m]ost occupations in this zone require training in vocational schools, related on-the-job experience, or an 
associate' s degree." 
7 
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. The occupational category designated by a 
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. 
However, to satisfy the first criterion, the burden of proofremains on the Petitioner to submit sufficient 
evidence to support a finding that its particular position would normally have a minimum, specialty 
degree requirement or its equivalent for entry. That is, to determine whether a particular job qualifies 
as a specialty occupation, USCIS does not simply rely on a position's title or designated occupational 
category. The specific duties of the proffered position, combined with the nature of the petitioning 
entity's business operations, are factors to be considered. USCIS must examine the ultimate 
employment of the beneficiary, and determine whether the position qualifies as a specialty occupation. 
See generally Defensor, 201 F.3d 384. 
The record lacks sufficient evidence to support a finding that the proffered position is one for which a 
baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum 
requirement for entry. For the aforementioned reasons, the Petitioner has not met its burden to 
establish that the particular position offered in this matter requires a bachelor's or higher degree in a 
specific specialty, or its equivalent, directly related to its duties in order to perform those tasks. Thus, 
the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]). 
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 on 
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. We generally 
consider the following sources of evidence to determine if there is such a common degree requirement: 
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 establish 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) (considering these "factors" to 
inform the commonality of a degree requirement)). 
As previously discussed, the Handbook does not establish that a bachelor's degree in a specific 
specialty is a common requirement within the industry for parallel positions among similar 
8 
organizations. In addition, the Petitioner did not submit any letters or affidavits from similar firms or 
individuals in the Petitioner's industry attesting that such firms "routinely employ and recruit only 
degreed individuals," or other probative evidence to establish that 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. Nor does the record contain any other evidence for our consideration 
under this prong. 
The Petitioner has not satisfied the first alternative prong of the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We 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 support of its assertion that the proffered position qualifies as a specialty occupation, the Petitioner 
stated that the Beneficiary will be engaged in "Data Gathering and Management for Marketing Research 
Projects on Marketing Campaign, Marketing Strategies, Internet Marketing, Customer Preferences, 
Market Trends, Competitor Analysis" and "Presenting to and Communicating with Colleagues, 
Supervisors, and Outside Consultants on Research Findings and Recommendations via Meetings, 
Email, Phone, and Video Calls with Written Reports, Charts, Slides." Furthermore, the Petitioner 
submitted a statement from the Beneficiary where she describes her typical workday in the proffered 
position as well as several examples of the Beneficiary's work products such as marketing research 
reports, market research presentations and associated raw data used to formulate the reports and 
presentations. 
Upon review of the submitted evidence in its totality, we determine that the Petitioner has not 
demonstrated sufficient complexity associated with the stated duties of the proffered position to establish 
that the position constitutes a specialty occupation. 
The record must establish that a petitioner's stated degree requirement is not a matter of preference 
for high-caliber candidates but is necessitated instead by performance requirements of the position. 
See Defensor, 201 F.3d at 387-88. Were we limited solely to reviewing a petitioner's claimed self­
imposed requirements, an organization could bring any individual with a bachelor's degree to the 
United States to perform any occupation as long as the petitioning entity created a token degree 
requirement. Id. 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. 
The Petitioner claims that the Beneficiary is well qualified for the pos1t10n, and references her 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position. Accordingly, the Petitioner has 
not satisfied the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
9 
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 record must establish that a petitioner's stated degree requirement is not a matter of preference 
for high-caliber candidates but is necessitated instead by performance requirements of the position. 
See Defensor, 201 F.3d at 387. Were we limited solely to reviewing a petitioner's claimed 
self-imposed requirements, an organization could bring any individual with a bachelor's degree to the 
United States to perform any occupation as long as the petitioning entity created a token degree 
requirement. Id. 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. 
The Petitioner submits a copy of its job advertisement for the proffered position, which requires at 
least a bachelor's degree or a master's degree in statistics, data analytics, or a related field. The 
Petitioner also submitted an organizational chart which shows the name and titles of its employees, as 
well as a master's degree diploma and transript for 
1
ne employee indicating that the employee has a 
master's degree in quantitative finance from University. While noted, the Petitioner does not 
submit sufficient evidence demonstrating that it routinely employs individuals with these degrees in 
the proffered position. For example, the Petitioner has not submitted enough information to establish 
the job duties and day-to-day responsibilities for these other employees. 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. Accordingly, it is unclear 
whether the duties and responsibilities of these individuals are the same or similar to the proffered 
position. The Petitioner's generalized claims about its hiring practices are insufficient to meet its 
burden to demonstrate it normally requires a bachelor's degree in a specific specialty, or its equivalent, 
for the position. 
The Petitioner has not provided sufficient evidence to establish that it normally requires at least a 
bachelor's degree in a specific specialty, or its equivalent, for the proffered position. Therefore, it has 
not satisfied the third criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
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. 
Here, the Petitioner claims that the position's nature and the specific duties are 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. However, as we have noted 
the record does not sufficiently demonstrate that the duties of the proffered position are more 
specialized and complex than other positions in the occupational category. While we understand that 
10 
the Beneficiary must have some skills and knowledge in order to perform the duties of the proffered 
position, the Petitioner has not sufficiently explained how these tasks require the attainment of a 
bachelor's or higher degree in the specific specialty or its equivalent as a minimum for entry into the 
occupation. 
Upon review of the totality of the record, the Petitioner has not established that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its 
equivalent. For the reasons discussed above, the evidence of record does not satisfy the fourth criterion 
at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
IV. CONCLUSION 
The appeal will be dismissed for the above stated reasons, with each considered an independent and 
alternative basis for the decision. In visa petition proceedings, it is the petitioner's burden to establish 
eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner 
has not met that burden. 
ORDER: The appeal is dismissed. 
11