dismissed H-1B Case: Nonprofit Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-I-. INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 26. 2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129. PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner. a nonprofit organization. seeks to temporarily employ the Beneficiary as a ""director 
of operations" under the H-1 B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section IOI(a)(15)(H)(i)(b). 8 U.S.C. 
§ 1101(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 California Service Center denied the petition. concluding that the record did not 
establish that the proffered position qualifies as a specialty occupation. 
On 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 proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
.
Matter (?fS-1-, Inc. 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position: 
(2) The degree requirement is common to the industry in parallel positions 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 have consistently interpreted 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. C'hertofj; 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''): Delensor v. lvfeissner. 201 F.3d 384, 387 (5th Cir. 2000). 
II. THE PROFFERED POSITION 
In response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the proffered position: 
··-
Specific Duties %of Time 
Daily management of Academy community ( emails, phone calls, 20% 
meetings) including high-level academics 
and authors 
Develop second cohort of Academy Fellowship program 30% 
Daily co-working and communication with partners and clients 80% of work 
across the globe. will be 
i ntcrnati onal 
in nature .. _ 
Collate and synthesize writings (e.g. journal articles, blogs, emails, 30% 
reports) on sustainability, ecology & society for the Academy 
audiences (e.g. practitioners, fellows, general public) 
Marketing of Academy courses, workshops, publications and all 30% 
other offerings 
Leads communications function on behalf of the Academy with 25% 
maJor organizations, including and 
Identifying and developing relationships, and potential 10% 
partnerships, for the interactive research project 
2 
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Matter (~lS-I-. Inc. 
--
Writing five-year fundraising strategy, and accompanymg 20% during 
implementation plan. Communicating to all staff and wider development, 
Academy community and 5% with 
maintenance 
Manage income and fundraising efforts for the second cohort of 30% during 
Academy Next Generation Leaders program Year L 20% 
for Years 2 
and 3 
Create effective strategy for maximizing donations to the field of 5% 
awareness-based systems change, working with similar 
organizations in the field. e.g. 
·-
General fundraising research <5% 
Creating five-year communications strategy focusing on how to 20% during 
increase the field of awareness-based systemcs [sic] change, (and development, 
accompanying implementation plan) and 5% with 
maintenance 
Increasing awareness and understanding of systems thinking 80% 
(ongoing 
across all 
work) 
Lead courses (both online and in-person) on research impact 15% 
[O]utreach materials for international use, In order to build 15% 
Academy recognition and reputation with 
Ongoing donor relationship building across all maJor donors, 10-15% 
creating new and maintaining existing relationships 
Develop and implement Academy offering (two- 15% 
year plan and structure). This includes researching potential 
.. negotiating with contractors for each 
recruiting participants, coordinating during the online 
courses, and managing impact and evaluation of 
Co-lead 10% 
providing all technical support 
liaision [sic] between course instructor and [sic] 
As part of the Academy Managerial Team, this role with provide 12% 
input and work across all areas of strategic planning ---
.
Maller o.fS-1-. Inc. 
IlL ANALYSIS 
For the reasons set out below, we have determined that the proflered position does not qualify as a 
specialty occupation. Specifically, the record does not establish that the job duties reqmr e an 
educational background , or its equivalent, commensurate with a specialty occupation. 1 
A. Requirements for the Position 
Preliminarily, we note that the Petitioner has provided inconsistent requirements for the position 
which undermines the Petitioner's claims regarding the proffered position . 
In the letter filed in support of the petition. the Petitioner indicat ed that the profTered pos1t10n 
requires a bachelor's degree in nonprofit management, sustainability. or a related field, and 
knowledge and skills in social change issues and communications in sustainable social systems . 
However, in respons e to the RFE. the Petitioner indicated that the position requires a master' s degree 
in ecology, busin ess or social studies. and fluenc y in at least two Europea n languages. In the same 
document , the Petitioner listed additional spec ial skills that are required for the position including 
"fun draising experience for nonprofits." ''experience and skills teaching and facilitating 'research 
impact' courses /sess ion,'· '·experience of Academy offering," and statistical analysis. 
On appeal, the Petitioner asserts that the Beneficiary will be "the key operation director" and her 
"co mplex job duties will shape the strategic direction and progr am implementation of [its] 
organization ... 
Notabl y, on the labor condition application (LCA), 2 the Petitioner classified the protTered position at 
a Level I wage (the lowest of the four assignable wage levels) under the occupational category 
'·General and Operations Managers," corresponding to the Standard Occupational Classification 
(SOC) code 11-1021. 3 
The U.S. Department of Labor (DOL) guidanc e states a prevailing wage determination is made by 
selecting one of four wage levels for an occupation based on a comparison of the employer's job 
requirements to the occupational requirements. including tasks, knowledge, skills, and specific 
vocational prepar ation (education, trainin g and exper ience) generally required for acceptable 
1 
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. 
1 The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1 8 worker the higher of either 
the prevailing wage for the occupational classificati on in the "area of employment" or the actual wage paid by the 
employer to other employees with similar experience and qualifications who are performing the same services. See 
Matter o(Simeio Solutions. LLC, 26 l&N Dec. 542, 545-46 (AAO 20 15). 
3 A prev~iling 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. U.S. Dep't of Labor, Emp't & 
Training Admin .. Prevailing Wage Determination PoliCI' Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), 
available at http ://tlcdatace nt e r. co m / do wn load /NPW H C_ Gu id a nce _ Re vised ~ II _ 2009.pdf 
4 
Matter ofS-1-, Inc. 
performance in that occupation. Factors to be considered when determining the wage level for a 
position include the complexity of the job duties, as well as the levels of judgment supervision, and 
understanding required to perform the job duties. 
The Petitioner's assertion that the proffered position requires a master's degree. significant level of 
responsibility and expertise, and foreign language skills, does not appear to be reflected in the wage 
level on the LCA. 4 This conflict challenges the overall credibility of the petition in establishing the 
nature of the profTered position and in what capacity the Beneficiary will be employed. 5 Therefore, 
we are precluded from finding that the proffered position is a specialty occupation. Nevertheless. for 
the purpose of providing a comprehensive analysis, we will continue to assess the criteria under 
8 C.F.R. § 214.2(h)(4)(iii)(A).
6 
B. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), 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 an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses. 7 
The Handbook states, in pertinent part that the education and training requirements for this 
occupation vary widely by position and industry.s According to the Handbook, workers may be able 
to substitute experience for education, and workers without a college degree may be able to work 
their way up. The Handbook also states that ··[ m ]ost general and operations managers hired from 
outside an organization need lower level supervisory or management experience in a related 
field.'' Further, the Handbook reports that these positions generally impose no specific degree 
requirement on individuals seeking employment. The Handbook docs not support the Petitioner's 
4 For example. a language requirement other than English in a job offer generally is considered a special skill for all 
occupations (with the exception of Foreign Language Teachers and Instructors. Interpreters. and Caption Writers). 
Further. the Petitioner's education requirement of a master's degree is higher than the bachelor's degree I isted in O*N ET 
(general and operations managers fall under Job Zone Four. which groups it among occupations for which '"most ... 
require a four-year bachelor's degree. but some do not"). and therefore. also requires a one-level increase. Further. the 
Petitioner appears to require special skills that are beyond what is normally required in the occupational category. 
5 Further. we are not able to determine whether the LCA corresponds to and supports the petition under 20 C.F.R. 
§ 655.705(b). 
6 Although some aspects ofthe regulatory criteria may overlap. we will address each of the criteria individually. 
7 All of our references are to the 2016-2017 edition of the Handhook. which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not. however. maintain that the Handhook 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 Handhook 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 parti'"ular position 
would normally have a minimum. specialty degree requirement. or its equivalent. for entry. 
R Bureau of Labor Statistics. U.S. Dep 't of Labor. Occupational Outlook Handhook. Top Executives (20 16-17 ed.). 
Matter ofS-1-, Inc. 
assertion that a baccalaureate or higher in a specific specialty (or its equivalent) is necessary for 
entry into this occupation. Rather. the Handbook does not indicate that there are any specific degree 
requirements for these jobs, and instead emphasizes the impotiance of strong leadership abilities and 
experience for this occupation 
The Petitioner references DOL's Occupational Information Network (O*NET) summary report for 
·'General and Operations Managers'' - SOC code 11-1021.00. We reviewed the summary report and 
note that it provides general information regarding the occupation. It does not, however. support the 
Petitioner's assertion regarding the educational requirements for these positions. 
We will first focus on the Specialized Vocational Preparation (SVP) rating. DOL designates the 
occupation as having an SVP 7 < 8. This indicates that the occupation requires .. over 2 years up to 
and including 4 years'' of training. 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.
9 
Next we will address DOL's designation in the summary report of the occupation as a Job Zone 
Four, which groups it among occupations for which .. most ... require a four-year bachelor's degree, 
but some do not." Further. O*NET does not indicate that four-year bachelor's degrees required by 
Job Zone Four occupations must be in a specific specialty directly related to the occupation. 
Finally, we note that the summary report provides the educational requirements of ··respondents," 
but does not account for 100% of the "respondents."' The respondents· positions within the 
occupation 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. Further, while the graph indicates that 29% of 
respondents reported that a bachelor's degree is required, a higher percentage of respondents 
reported that some college (no degree) or a high school diploma (or equivalent) is sufficient. Thus. 
the summary report provides general information regarding the occupational category, but it does not 
corroborate the Petitioner's claim regarding that these positions require an educational background. 
or its equivalent, commensurate with a specialty occupation. 
In the instant matter. the record lacks sufficient evidence to suppmi a finding that the position. as 
described, is one for which a baccalaureate or higher degree in a specitic specialty. or its equivalent, 
is normally the minimum requirement for entry. Thus, the Petitioner has not satisfied the criterion at 
8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
9 
For additional information, see the O*NET Online Help wcbpagc available at http://www.onetonline.org/help/ 
online/svp. 
Matter ofS-1-. Inc. 
C. 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[.r 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. 
We generally consider the following sources of evidence to determine if there is such a common degree 
requirement: whether the Handhook 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 115 L 1165 (D. Minn. 1999) 
(quoting Hird/B!aker 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 already discussed, the Petitioner has not established that its proffered position is one for which the 
Hand hook (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. Also. there are no submissions from the industry's professional 
association indicating that it has made a degree a minimum entry requirement. 
In its letter of support. the Petitioner stated that a bachelor· s degree in nonprofit management, 
sustainability. or a related field. plus knowledge of social change issues and communications in 
sustainable social systems is required for the proffered position. The Petitioner then stated that 
'·these are also the usual requirements for such positions at !the Petitioner] and in the nonprofit 
industry." However. the Petitioner did not submit any letters or affidavits from similar firms or 
individuals in the Petitioner's industry to establish that such firms "routinely employ and recruit only 
de greed individuals ... 
On appeal, the Petitioner submits a summary of 16 individuals employed in parallel positions among 
other nonprofit organizations. including their job title. employer. and education. The Petitioner also 
submits their resumes and information from each employers· website. According to the summary 
provided, the individuals' degrees are in a wide variety of subjects, such as business administration. 
community and economic development. economics. international studies, finance, environmental 
Matter ofS-1-, Inc. 
studies, public health, international business, anthropology and sociology, marketing, organizational 
leadership. geology and geophysics. and global affairs, peaccbuilding. and human rights. 
While the Petitioner asserts that each employer will require its own specific area of study, as it 
pertains to the work of the organization, we note that the listed educational degrees are in disparate 
fields and thus not adequate to establish that the requirement of a degree in a specific specialty is 
common to the industry. 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. A minimum entry requirement of a degree in disparate fields (e.g., 
economics and anthropology and sociology), however. 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 pat1icular 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). 
Further, among the educational degrees, some of the individuals have a bachelor's or master's 
degree in business administration. A petitioner must demonstrate that the protTered position requires 
a precise and specific course of study that relates directly and closely to the position in question. 
Since there must be a close correlation between the required specialized studies and the position. the 
requirement of a degree with a generalized title, such as business administration, without further 
specification, does not establish the position as a specialty occupation. Cf Matter of"Michael Hertz 
Assocs., 19 I&N Dec. 558,560 (Comm'r 1988). 
On appeal, the Petitioner also submits copies of job announcements placed by other employers. 
However. upon review of the documents, we find that the Petitioner's reliance on the job 
announcements is misplaced. 
First, while all of the hiring employers are nonprofit organizations. we note that the Petitioner did 
not provide additional information about the nature and scope of their businesses to demonstrate that 
they are similar to the Petitioner. 10 When determining whether the Petitioner and the organization 
share the same general characteristics. such factors may include information regarding the nature or 
type of organization. and. when pertinent. the particular scope of operations. as well as the level of 
revenue and statling (to list just a few elements that may be considered). It is not sutlicient for the 
Petitioner to claim that an organization is similar and in the same industry without providing a basis 
for such an assertion. 
10 
It appears that the hiring employers are primarily organizations involved in public health. gender justice, education. 
health care. economics. disability services. and family services. 
.
Matter (~fS-1-. Inc. 
Second, the advertisements do not appear to be for parallel positiOns. For instance, many of the 
postings appear to be for more senior. experienced employment than the proffered position.
11 
Moreover, some of the postings do not include sutTicient information about the tasks and 
responsibilities for the advertised positions. Thus, the Petitioner has not sufficiently established that 
the primary duties of the advertised positions are parallel to the proffered position. 
Third. the advertisements do not indicate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. 12 Further, while most of the postings report that a 
bachelor's degree is required, some do not specify that any particular discipline is required. 
Therefore, it appears that a general degree is sut1icient for these positions. Overall, the job postings 
suggest, at best, that although a bachelor's degree is sometimes required for these positions, a 
bachelor's degree in a .specific .\pecialty (or its equivalent) is not. 13 
11 For instance: requires a bachelor's degree and seven years of relevant experience: 
requires 'a master's degree, I 0 years of experience in international development, eight years of experience in international 
gender equality, five years of management, and fluency in at least one world language other than English: 
requires a bachelor's degree and seven years of experience: 
requires a master's degree, eight years of experience, and fluency in English and Spanish: 
requires a bachelor's degree, three years of related management experience. and five years of clinical research-related 
experience; requires a master's degree; requires an unknown degree (one line specifically 
missing from the job advertisement), eight years of program management experience, and two years of senior NGO 
management experience; the requires a master's degree and seven years of specified 
experience, four of which must have been in a management-level position: requires a 
bachelor's degree, four years of related business/operations experience, and two years of demonstrated success managing 
small teams: requires a master's degree, five years of experience, and fluency in 
Spanish; requires a master's degree, a NYS Certification, five years of experience as a special 
education teacher, and five years of experience as a school administrator: requires a 
bachelor's degree and five years of experience: requires a bachelor's degree, three years of 
clinical/managerial experience with the emotionally disabled population: 
requires a bachelor's degree and five years of experience: requires a bachelor"s degree and 
five years of supervisory experience: requires a bachelor's degree and four years of progressive experience: and 
requires a master's degree and I 0 years of international public health work experience, 
including five years managing complex country programs. However. the Petitioner indicated that the proffered position 
is an entry-level (Levell) position on the LCA. 
12 
The degree requirement set by the statutory and regulatory framework of the H-1 B program is not just a bachelor's or 
higher degree, but a bachelor's degree in a specific specialty that is directly related to the duties of the position. See 
section 214(i)( I )(b) of the Act and 8 C.F.R. § 214.2(h)( 4)(ii). 
1
' Even if all of the job postings indicated that a requirement of a bachelor's degree in a specific specialty is common to 
the industry in parallel positions among similar organizations (which they do not). the Petitioner has not demonstrated 
what statistically valid inferences, if any, can be drawn from the advertisements with regard to determining the common 
educational requirements for entry into parallel positions in similar organizations. See generally Earl Babbie. The 
Practice of Social Research 186-228 ( 1995). Moreover, given that there is no indication that the advertisements were 
randomly selected, the validity of any such inferences could not be accurately determined even if the sampling unit were 
sufficiently large. See id. at 195-196 (explaining that ··r r ]and om selection is the key to [the] process [of probability 
sampling]" and that ''random selection offers access to the body of probability theory, which provides the basis for 
estimates of population parameters and estimates of error"). 
9 
Malter o/S-1-, Inc. 
As the documentation does not establish that the Petitioner has met this prong of the regulations. 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. 14 That is, not every deficit of every job posting has been addressed. 
The Petitioner has not provided sufficient evidence to establish that a bachelor's degree in a specific 
specialty, or its equivalent, is common to the industry in parallel positions among similar 
organizations. 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 support of the petition. the Petitioner provided information regarding the proffered position and its 
business operations. When discussing H-1 B employment. the Petitioner's description must be 
comprehensive to properly ascertain the minimum educational requirements necessary to perform 
those duties. 
In response to the RFE, the Petitioner claimed that the proffered position's duties are so complex and 
unique and outlined the minimum education. training, and experience needed for each listed duty, 
For example, the Petitioner stated that the position requires "'someone who can interact and answer 
questions on systems thinking:' ''awareness of European education systems." ''experience in 
building community.'' ·'extensive international experience and contacts." and "'large group 
experiential learning experiences." These statements, however, do not demonstrate that the 
necessary knowledge for the proffered position is attained through an established curriculum of 
particular courses leading to a baccalaureate or higher degree in a specific specialty. or its 
equivalent. While a few related skills and techniques may be beneficial in performing certain duties 
of the position, the Petitioner has not demonstrated how an established cuniculum 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. 
Further, the Petitioner has designated the proffered position as a Level I position on the LCA. 15 This 
designation. when read in combination with the Petitioner's statements, the evidence presented and 
14 
The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers· recruiting history for the type ofjob advertised. As the advertisements are only solicitations for 
hire, they are not evidence ofthe actual hiring practices of these employers. 
15 
The issue here is that the Petitioner's designation of this position as a Level I position undermines its claim that the 
position is patiicularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevetiheless. 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 
10 
Matter (?fS-1-. Inc. 
the Handbook's account of the requirements for this occupation, suggests that the particular position 
is not so complex or unique that the duties can only be performed by an individual with a bachelor's 
degree or higher in a specific specialty, or its equivalent. 
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 specialty occupation is not the 
credentials of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The record does not meet the second alternative 
prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
D. 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. 
Upon review of the record, we find that the Petitioner did not submit information regarding 
employees who currently or previously held the position. 16 The record does not establish that the 
Petitioner normally requires at least a bachelor's degree in a specific specialty, or its equivalent, 
directly related to the duties of the position. Therefore, the Petitioner has not satisfied the criterion 
at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J). 
E. 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 arc specialized and complex. 
However, the record does not sut1iciently demonstrate that they are more specialized and complex 
than other general and operations manager positions that are not usually associated with at least a 
bachelor's degree in a specific specialty, or its equivalent. We again refer to our earlier comments 
and findings with regard to the implication ofthe Petitioner's designation of the proffered position in 
the LCA as a Level I position (of the lowest of four assignable wage-levels) relative to others within 
the same occupational category. We have also reviewed the job descriptions for the proffered 
would still require a minimum of an advanced 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)( I) of the Act. 
16 
In support of this criterion, the Petitioner submits a list of employees that includes their job title and education. along 
with copies of their resumes. However, none of the employees listed hold the protTered position. Therefore. without 
more, this information does not appear to be relevant to the instant matter. 
Matter o(S-1-. Inc. 
position. While we understand that the Beneficiary must have some skills and industry knowledge 
in order to perform these duties, the Petitioner has not sufficiently explained how these tasks 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. 
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 Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter of'S-1-. Inc., 10# 881860 (AAO Dec. 26. 20 17) 
12