dismissed H-1B Case: Marketing Research

MATTER OF R-F- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 14, 2016 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
' The Petitioner, a two employee company providing brokerage services in the food and beverage 
industry, seeks to temporarily employ the Beneficiary as a "marketing research analyst" 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 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 that the 
·proffered position is not a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred in denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the protTered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(b)(6)
) 
Matter of R-F- 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 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor; v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1B petition, t~e Petitioner stated that the Beneficiary will serve as a "marketing research 
analyst." In response to the Director's request for evidence (RFE), the Petitioner provided the 
following job duties for the position: 
Gather information of each country (Panama and USA for the first year) through 
secondary research, such as surveys about specific products in the food and beverage 
industry, interviews of industry leaders (for example, local chambers of commerce) 
and potential clients, quantitative analysis, and other methods specific to [the 
Petitioner's] research 
standards. We anticipate that she will dedicate approximately 
25% of her time to this task; 
Designing market research tools for the compaqy. This duty will entail establishing 
research methodology and designing format for data gathering, such as surveys, 
opinion polls, and/or questionnaires. We anticipate that she will dedicate 
approximately 15% of her time to this duty; 
Implementation of Digital Marketing tools for the company, such as for 
tracking e-mail marketing, and campaign focus on acquiring clients 
from new markets. Adapt a new system for imports documentation where customers 
will be able to see and track their orders while suppliers are able to track their 
2 
(b)(6)
Matter of R-F- LLC 
shipments (import status). The adoption of new technological tools will provide our 
company with information that assist in itnproving the manner in which we are 
analyzing market values and managing existing client accounts. We estimate that she 
will dedicate approximately 20% of her time to this task; 
Leading the digital platforms design for generating attractive content for potential 
new market clients and suppliers. This will require that she supervise the IT 
outsourced personnel, in charge of the maintenance and 
generation of content for our website . . . We estimate that she will dedicate 
approximately 15% of her time on this duty; I 
Collaborate with the General Manager in developing new business and managing and 
growing existing clients by researching potential clients and gathering data on 
suppliers, competitors, market conditions, analyzing prices, sales and methods of 
marketing and distribution. We anticipate her dedicating approximately 10% of her 
time to this duty; 
Analyzing statistical data ~·to predict sales. This duty requires the Market Research 
Analyst to gather monthly sales in order to predict the short and long term sales 
forecasts for our company which will be used by management to develop sound 
financial planning and management strategies for our company as it seeks to expand. 
We anticipate that she will dedicate approximately 5% of her time on this task; 
U I 
Converting complex payment methods into understandable tables, graphs and written 
reports to make them attractive for suppliers interested in investing in Venezuela 
which has a very difficult economy nowadays. This entails her keeping infqrmed and 
gathering information on market trends, including tipdates of trade agreements such 
as in order to keep suppliers 
and clients updated. We expect that she will dedicate approximately 5% of her time 
to this duty; and 
Collecting data on customer preferences and buying habits which will be used to 
prepare reports and graphic illustrations which she will use to present to suppliers and 
management, as a monthly report. We anticipate that she will dedicate approximately 
5% of her time to this task. 
The Petitioner states that the minimum entry requirement for the proffered position is a master's 
degree in international marketing. · 
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Matter of R-F- 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)cJ), 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-1B 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: 
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 
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 8 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 II wage. 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 Level II wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to 
have attained, either through education or experience, a good understanding of the occupation, but who will only perform 
moderately complex tasks that require limited judgment. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://tlcdatacenter.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. !d. 
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Matter of R-F- LLC 
science. Others have backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics or consumer 
behavior, are also important. 
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. 7, 2016). 
When reviewing the Handbook, we must note that the Petitioner designated the proffered position 
under this occupational category at a Level II on the LCA. Based upon the Petitioner's designation 
of the proffered position as a Level II position (relative to others with the occupation) it does not 
appear that the Beneficiary will serve in a senior or leadership role or in a position that performs 
more technical research that requires a master's degree. 
The Handbook reports that market research analysts have degrees and badkgrounds 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 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 typically need an advanced degree, it also indicates that degrees and 
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Matter of R-F- LLC 
backgrounds in various fields are acceptable for jobs in this occupation- including computer science 
and the social sciences; as well as 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)( 1 )(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. Chertoff, 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 zurther 
specification, does not establish the position as a specialty occupation. C.f Matter of Michael Hertz 
Assocs., 19 I&N Dec. 558 (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 specialty 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. Atcording to the Handbook, the 
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 Market Research Association website provides the following information about the 
Professional Researcher Certification program: 
5 The Marketing Research Association website states that the association was founded in 1957 and is the leading and 
largest U.S. associatiOn of marketing research professionals. For additional information, see 
http://www.marketingresearch.org/about (last visited Nov. 7, 20 16). 
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Matter of R-F- LLC 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing research profession: to raise competency, 
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 , 
increase consumer understanding of research and foster premiere professional 
standards in the profession. 
Market Research Association, http://www.marketingresearch.org/advance-career/prc (last visited 
Nov. 7, 2016). 
In the "frequently asked questions" section, the website further states: 
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. 
!d. at http://www.marketingresearch.org/advance-career/prc/faqs (last visited Nov. 7, 2016). 
The Market 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 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/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 Market 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 (which it does not), 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. 
Matter of R-F- LLC 
On appeal, the Petitioner cites to a recent district court case, Raj and Company v. US. Citizenship 
and Immigration Services, 85 F. Supp. 3d 1241 (W.D. Wash. 2015), and claims that it is relevant 
here. 6 In the district court case, the employer designated the position as a "Marketing Analyst & 
Specialist" position.7 We reviewed the decision; however, there is no indication that aspects of the 
work such as the duties and responsibilities, level of judgment, complexity of the job duties, 
supervisory duties, independent judgment required, or the amount of supervision received, are 
analogous to the proffered position here.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 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 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 Raj, the court concluded that the employer met the first criterion. We must note, however, that 
the court stated that "[t]he first regulatory criterion requires the agency to examine the generic 
position requirements of a market research analyst in order to determine whether a specific 
bachelor's degree or its equivalent is a minimum requirement for entry into the profession." Thus, 
the decision misstates the regulatory requirement. That is, the first criterion requires a petitioner to 
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" -
6 In contrast to the broad precedential authority of the case law of a United States circuit court, we are not bound to 
follow the published decision of a United States district court in matters arising even within the same district. See Matter 
ofK-S-, 20 I&N Dec. 715 (BIA 1993). Although the reasoning underlying a district judge's decision will be given due 
consideration when it is properly before us, the analysis does not have to be followed as a matter oflaw. !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 
214(i)(I)(B) of the Act and 8 C.F.R. § 214.2(h)(4)(ii), and satisfy one of the four criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
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Matter of R-F- LLC 
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 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 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. 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. 
Nevertheless, it is important to note that the court in Raj determined that the evidence in the record 
demonstrated that the particular position proffered required a bachelor's degree in market research or 
its equivalent as a minimum for entry. Further, the court noted that "[t]he patently specialized nature 
of the position sets it apart from those that merely require a generic degree." The position in Raj 
can, therefore, be distinguished from the instant position. Here, the duties and requirements of the 
position as described in the record of proceeding do not indicate that this particular position 
proffered by the Petitioner is one for which a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is normally the minimum requirement for entry. 
The Petitioner also cites to Residential Fin. Corp. v. US. Citizenship & Immigration Services, 839 F. 
Supp. 2d 985 (S.D. Ohio 2012) as relevant here. As in Raj, the H-1B petition in Residential Fin. 
Corp. was never appealed to our office through the available administrative process. Nevertheless 
we note that the district judge's decision in Residential Fin. Corp. appears to have been based 
largely on the many factual errors made by the service center in its decision denying the petition. 
Had we been afforded the opportunity to do so, based on that court's findings, we may very well 
have remanded the matter to the service center for a new decision for many of the same reasons 
articulated by the district court if these errors could not have been remedied by our de novo review 
of the matter. It is important to note that in a subsequent case that was reviewed in the same 
jurisdiction, the court agreed with our analysis of Residential Fin. Corp. See Health Carousel, LLC 
v. US. Citizenship & Immigration Services, No. 1:13-CV-23, 2014 WL 29591 (S.D. Ohio 2014). 
Thus, the Petitioner has not satisfied the criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A)(l). 
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-F- LLC 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. ' 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999)(quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) reports an industry-wide requirement 
for at least a bachelor's degree in a specific specialty or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. In addition, there are no submissions from the 
industry's professional association indicating that it has made a degree a minimum entry requirement. 
Furthermore, 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 de greed 
individuals." Thus, the evidence of record does not establish that a requirement of a bachelor's or 
higher degree in a specific specialty, or its equivalent, is common to parallel positions with 
organizations that are in the Petitioner's1 industry and otherwise similar to the Petitioner. The 
Petitioner has not, therefore, satisfied the criterion of the first alternative prong of 8 C.F.R .. 
§ 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows· that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
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Matter of R-F- LLC 
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. 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position, as described, necessitates the theoretical and 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather, 
we find, that, as reflected in this decision's earlier quotation of duty descriptions from the record of 
proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the "Market 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. 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. That is, while the 
Petitioner claims that the position involves focusing on "multiple international markets, multiple 
categories of products, and multiple marketing methods depending on each international market," 
the Petitioner does not demonstrate how the market research analyst's duties described require the 
theoretical and practical application of a body of highly specialized knowledge such that a bachelor's 
or higher degree in a specific specialty, or its equivalent, is required to perform them. 
For instance, here, the Petitioner stated that the proffered position requires a master's degree in 
international marketing. On appeal, the Petitioner identified specific coursework in nine subjects, 
including Research Methods, Marketing Analytics, Statistics, Economics, Digital Media, Corporate 
Communications, Consumer Behavior, Project Management, and International Sales as providing 
the Beneficiary with the "theoretical knowledge" to carry out her duties as its marketing research 
analyst. While these courses may be beneficial, or even essential, in performing certain duties of a 
marketing research analyst 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 only. 
moderately complex tasks that require only limited judgment. Without further evidence, the 
evidence does not demonstrate that the proffered position is complex or unique as such a position 
falling under this occupational category would likely be classified at a higher-level, such as a Level 
III (experienced) or Level IV (fully competent) position, requiring a significantly higher prevailing 
wage.11 For example, a Level IV (fully competent) position is designated by DOL for employees 
11 The issue here is that the Petitioner's designation of this position as a Level II position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
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Matter of R-F- LLC 
who "use advanced skills and diversified knowledge to solve unusual and complex problems." The 
evidence of record does not establish that this position is significantly different from other positions 
in the occupational category such that it refutes the Handbook's information that a bachelor's degree 
in a specific specialty, or its equivalent, is not required for the proffered position. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references her 
qualifications. However, the test to establish a position as a spec;ialty 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.P.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.P.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
The Petitioner has not expressly asserted eligibility, nor submitted evidence under this criterion and 
provided insufficient evidence that it has ever previously employed a market research analyst or, if it 
has, what that person's qualifications were: While a first-time hiring for a position is certainly not a 
basis for precluding a position from recognition as a specialty occupation, it is unclear how an 
employer that has never recruited and hired for the position would be able to satisfy the criterion at 8 
C.P.R. § 214.2(h)(4)(iii)(A)(3), which requires a demonstration that it normally requires at least a 
bachelor's degree in a specific specialty or its equivalent for the position. We cannot conclude that 
the Petitioner has satisfied the third criterion of 8 C.P.R. § 214.2(h)( 4)(iii)(A). 12 
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 
of whether a proffered position meets the requirements of section 214(i)(1) of the Act. _ 
12 While a petitioner may believe or otherwise assert that a proffered position requires a degree in a specific specialty, 
. that opinion alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing a petitioner's claimed self-imposed requirements, then any individual with a bachelor's 
degree could be brought to the United States to perform any occupation as long as the employer artificially created a 
token degree requirement, whereby all individuals employed in a particular position possessed a baccalaureate or higher 
degree in the specific specialty, or its equivalent. See Defensor v. Meissner, 201 F. 3d at 387. In other words, if a 
petitioner's degree requirement is only symbolic and the proffered position does not in fact require such a specialty 
degree, or its equivalent, to perform its duties, the occupation would not meet the statutory or regulatory definition of a 
specialty occupation. See section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty 
occupation"). 
12 
Matter of R-F- LLC 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner asserts that the job duties of the proffered position are specialized and complex. We refer 
to our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level II wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties for the 
proffered position, including the Petitioner's expanded version of the description submitted in response 
to the Director's RFE and again on appeal. While we understand that the Beneficiary must have 
technical knowledge in order to perform these duties, the Petitioner has not sufficiently explained how 
these duties require the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a 
minimum for entry into the occupation in the United States. Upon review of the totality of the record, 
the record does not include probative evidence that the duties require more than technical proficiency in 
the marketing research field. The Petitioner has not demonstrated in the record that its proffered 
position is one with duties sufficiently specialized and complex to satisfY 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)( 4). 
IV. CONCLUSION 
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 of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofR-F- LLC, ID# 186827 (AAO Nov. 14, 2016) 
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