dismissed H-1B Case: Operations Research

U.S. Citizenship 
and Immigration 
Services 
In Re : 8771380 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 29, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as a 'junior principal , challenge design and 
development" under the H-lB nonirmnigrant classification for specialty occupations . See Immigration 
and Nationality Act (the Act) section 10l(a)(l5)(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 Vermont Service Center Director denied the petition, concluding that the Petitioner had not 
established that the proffered position is a specialty occupation. 
The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence .1 
The Administrative Appeals Office (AAO) reviews the questions in this matter de nova. 2 Upon de 
nova review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 10l(a)(l5)(H)(i)(b) of the Act defines an H-lB nonimmigrant as a foreign national "who is 
coming temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) . .. "(emphasis added) . Section 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l), defines 
the term "specialty occupation" as an occupation that requires "theoretical and practical application of 
a body of highly specialized knowledge, and 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 section 214(i)(l) of the Act but adds a 
non -exhaustive list of fields of endeavor. In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the 
1 Section 291 of the Act; Matter ofCha wathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc ., 26 l&N Dec. 537, 537 n.2 (AAO 2015) . 
proffered position must also meet one of the following criteria to qualify as a specialty occupation 
position: 
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). As this regulation must be read with the statutory and regulatory 
definitions of a specialty occupation under section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii), 
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. Chertojf, 484 F.3d 
13 9, 14 7 (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. ANALYSIS 
Upon review of the totality of the record, the Petitioner has not demonstrated that the proffered position 
qualifies as a specialty occupation. Specifically, the record does not establish that the job duties require 
an educational background, or its equivalent, commensurate with a specialty occupation. 
A. First Criterion 
The criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(]) 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 consider the information contained in the U.S. Department of 
Labor's (DOL) Occupational Outlook Handbook (Handbook) regarding the duties and educational 
requirements of the wide variety of occupations it addresses. 3 
3 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. Nevertheless, 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. 
2 
On the labor condition application (LCA) 4 submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Operations Research Analysts" 
corresponding to the Standard Occupational Classification code 15-2031, at a Level I wage. The 
subchapter of the Handbook titled "What Operations Research Analysts Do" summarizes this 
occupation by stating that "[ o ]perations research analysts use advanced mathematical and analytical 
methods to help organizations solve problems and make better decisions." 5 The Handbook continues 
by indicating that individuals in this occupation "[ u] se statistical analysis, simulations, predictive 
modeling, or other methods to analyze information and develop practical solutions to business 
problems." 6 
The subchapter of the Handbook titled "How to Become an Operations Research Analyst" states, that 
while "some schools offer bachelor's and advanced degree programs in operations research, some 
analysts have degrees in other technical or quantitative fields, such as engineering, computer science, 
analytics, or mathematics." 7 The Handbook indicates farther that courses in various fields such as 
engineering, mathematics, computer science, economics, and political science are useful because 
"operations research is a multidisciplinary field with a wide variety of applications." 8 Because the 
Handbook recognizes this occupation as multidisciplinary and can be performed by persons with 
degrees in a number of disciplines, it does not support a conclusion that these positions comprise an 
occupational group for which normally the minimum requirement for entry is at least a bachelor's 
degree in a specific specialty, or its equivalent. In addition, we note that the Occupational Information 
Network (O*NET) Summary Report, for this occupation also does not indicate that any degree 
relevant to the occupation must be in a specific specialty directly related to the occupation. Thus, the 
O*NET is also insufficient to establish that this occupation qualifies as a specialty occupation. 
On appeal, the Petitioner acknowledges that "neither [the] Handbook [n]or O*NET is conclusive 
evidence concerning the job duties or educational requirements." The Petitioner asserts, however, that 
the Director's decision misinterprets these sources and that the Handbook and O*NET report that an 
"Operations Research Analysts" occupation requires at least a bachelor's degree, or its equivalent. 
However, the issue here is not whether these sources identify a required degree level (bachelor's or 
higher degree) but whether these sources support a conclusion that the minimum degree required is in 
a specific discipline, or its equivalent. As referred to above, the degree requirement set by the statutory 
and regulatory framework of the H-lB program is not just a bachelor's or higher degree, but a 
bachelor's or higher degree in a specific specialty that is directly related to the duties of the 
pos1t10n. See section 214(i)(l)(b) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). Although a 
general-purpose bachelor's degree may be a legitimate prerequisite for a particular position, requiring 
such a degree, without more, will not justify a conclusion that a particular position qualifies for 
classification as a specialty occupation. Royal Siam, 484 F.3d at 147. 
4 The Petitioner is required to submit a certified LCA 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 experience and qualifications who are performing the same services. Section 212(n)(l) 
ofthe Act; 20 C.F.R. § 655.73l(a). 
5 See Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Operations Research Analyst, 
https://www.bls.gov/ooh/math/operations-research-analysts.htm (last visited May 22, 2020). 
6 Id. 
7 Id. 
s Id. 
3 
When as here, support from the Handbook, or O*NET, is insufficient to establish that the proffered 
position is categorically a specialty occupation, the Petitioner may provide evidence from other 
sources to satisfy this criterion. Here the Petitioner has not sufficiently demonstrated that its particular 
position is one for which a bachelor's degree in a specific discipline, or its equivalent, would normally 
be required. The evidence does not satisfy the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. First Prong of the Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may show 
that its particular position is so complex or unique that it can be performed only by an individual with 
a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong concentrates upon 
the common industry practice, while the alternative prong narrows its focus to the Petitioner's specific 
position. 9 
To establish the first prong of this criterion, the Petitioner submitted several job postings in response 
to the Director's request for evidence (RFE). On appeal, the Petitioner did not challenge the Director's 
analysis and decision regarding the initially submitted job postings but instead submits three additional 
position advertisements it claims are for positions that are "not only highly specialized but are also 
parallel positions to [the proffered position]." The job postings submitted on appeal include duties 
and responsibilities that are generally like the duties described for the proposed position. Two of the 
three advertisements indicate that the academic requirement to perform the advertised position is a 
general bachelor's degree. That is, these two advertisements do not indicate that a bachelor's degree 
in a specific specialty, or its equivalent, is required. The third advertisement also indicates that a 
bachelor's degree is required but notes a preference that the degree be in a quantitative field such as 
statistics, computer science, mathematics, operations research, econometrics, or engineering. 
However, preference is not synonymous with a requirement. Additionally, even if the preferred 
degrees were required, the broad range of preferred degrees the advertiser accepts, without more, is 
insufficient to establish that the advertised position requires the bachelor's degree to be in a specific 
specialty. 
The Petitioner also refers to the position evaluation prepared by c===J, 
Chair and Professor, School of Industrial and Systems Engineering,L_J Institute of Technology. 
We reviewed the evaluation and the professor's conclusion that "a bachelor's degree in engineering, 
statistics, or a closely related quantitative field is a minimum requirement for recruitment" for 
positions parallel to the position proffered here. 10 The professor's conclusion, however, appears to be 
based on anecdotal information. While the professor may have anecdotal information regarding 
recruitment by employers for students who study engineering or statistics, there is no indication the 
professor has published, conducted research, ran surveys, or engaged in any enterprise or employment 
9 We will discuss the second prong of the second criterion with our discussion of the fourth criterion in section D below. 
10 The professor does not indicate if they considered the Petitioner's initially stated minimum requirements to perform the 
proffered position in their evaluation. The Petitioner initially states that its minimum requirement for the position is a 
master's degree in business analytics, operations research, business administration, or a related field. The professor does 
not address the apparent conflict between their analysis of the recruitment requirements for the occupation and the 
Petitioner's own minimum requirement for its particular position. 
4 
regarding the minimum education requirements for positions such as the position proffered here. There 
is no discussion of relevant research, studies, or authoritative publications utilized as part of the position 
review and foundation for the evaluation that a position like the proposed position requires a bachelor's 
degree in a specific specialty, or its equivalent, to perform the described duties. 
We further observe that the Petitioner when discussing the common degree requirements for this 
occupation acknowledges that a general bachelor's degree, not a bachelor's degree in a specific 
specialty, or its equivalent, is common in the industry for a parallel position. Such an acknowledgment 
suggests that the Petitioner recognizes that the occupation is not a specialty occupation. Moreover, 
the record here does not establish that similar organizations in the Petitioner's industry have a common 
degree requirement of a bachelor's or higher degree, or its equivalent, in a specific specialty, for a 
parallel position but rather confirms that a general bachelor's degree is sufficient. The Petitioner has 
not provided evidence to establish that a degree requirement in a specific specialty, or its equivalent, 
is common to the industry in parallel positions among similar organizations and has not satisfied the 
first prong of the regulation at 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it normally 
requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
In support of this criterion, the Petitioner submitted a statement prepared byl I a 
Senior Principal on the Petitioner's Challenge Design and Development team. I I refers to 
the Beneficiary's education and experience and explains that for the Petitioner's data projects a 
quantitative, statistical, and programming background is a necessity in order to design a successful 
project, and that an extensive understanding and solid foundation of mathematics, statistics, and 
programming skills are required for application to the data projects.I I emphasizes that "all 
of the Principals at [the Petitioner] have advanced degrees and a majority of the Principals have Ph.D. 
degrees from distinguished universities such as MIT, Cornell University, and Harvard University." 
I !concludes by stating that "a bachelor's degree is the minimum necessary and [a] graduate 
degree is an added bonus." 11 
First, the Beneficiary's academic background and experience do not establish that a proposed position 
is a specialty occupation. The test to establish a position as a specialty occupation is not the skill set 
or education of a proposed beneficiary, but whether the position itself qualifies as 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. A beneficiary's credentials to perform a particular job are relevant only when 
the job is first found to be a specialty occupation. 
11 1 !conclusion creates ambiguity in the record, as the Petitioner initially states that its minimum requirements 
for its particular position "are a Master's degree in Business Analytics, Operations Research, Business Administration or 
a related field." The Petitioner must resolve this ambiguity in the record with independent, objective evidence pointing to 
where the truth lies. Matter of Ho, 19 l&N Dec. 582, 591-592 (BIA 1988). 
5 
Second, the Petitioner has not included probative documentation regarding the Petitioner's past 
recruitment and hiring practices for the proffered position or information regarding employees who 
previously held or now hold the position. That is, although! I refers to individuals on the 
Design and Development team, the record does not include evidence of their employment, their 
degrees, their level of responsibility when hired, and that their positions are similar to the proffered 
position in terms of duties, level ofresponsibility, and exercise of judgment. Accordingly, we cannot 
compare the positions to ascertain whether they are truly similar to the proffered position. Thus, the 
record does not have sufficient evidence to establish this criterion. 
D. Second Prong of the Second Criterion and the Fourth Criterion 
As noted above, the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), is satisfied if the 
Petitioner shows that its particular position is so complex or unique that it can be performed only by 
an individual with at least a bachelor's degree in a specific specialty, or its equivalent. The fourth 
criterion at 8 C.F.R. § 214.2(h)( 4)(iii)(A) requires a petitioner to establish that the nature of the specific 
duties is so specialized and complex that the knowledge required to perform them is usually associated 
with the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. 
The Petitioner provides the network, methodology, platform, and support to connect its clients through 
the power of crowd sourcing to solve problems and provide solutions. The Petitioner provides several 
versions of the proposed duties with different categorizations, phases, and allocation of time. 12 We 
reviewed the different versions of the listed duties in full and will not repeat them here. Of specific 
concern in this matter is that the Petitioner has not provided a consistent version of the nature of the 
proposed duties and the necessary requirements in order to perform them. 
We understand that the Beneficiary will work with clients to gather information, will review and 
analyze client datasets and algorithms, will guide clients through the technical aspects of data-based 
Challenges, and will review success rates of the Challenges for marketing purposes. The Petitioner, 
however, does not explain how these duties are so specialized and complex, or unique that they require 
a bachelor's degree, or higher, in a specific specialty, or its equivalent. The Petitioner also indicates 
that the position requires use of Python, MySQL, or similar programming languages and analytical 
software. The Petitioner, however, does not explain why knowledge of third-party developed 
analytical and programming languages must be gained in a specific bachelor's degree program. It is 
not readily apparent why knowledge of the third-party programs could not be obtained, for instance, 
through certifications in these readily available third-party technologies. Stated another way, it is not 
clear why these responsibilities are so specialized and complex or unique that the knowledge required 
12 The Petitioner initially provided a list of the Beneficiary's proposed duties involved in formulating Challenges to be 
issued through crowd sourcing and then connecting clients to the various solutions submitted. In response to the Director's 
RFE, the Petitioner submitted a revised list of duties organized into categories with the Beneficiary's time allocated to 
various tasks. On appeal, the Petitioner re-organized the categories into particular phases and listed the duties to be 
accomplished in each of the phases. On appeal, the Petitioner also added the Beneficiary's bachelor-level and master-level 
courses that would prepare her to perform the various duties described. 
6 
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 does not discuss the quantitative and analytical courses or other bachelor's-level 
courses the duties of the position actually require. Instead I I for example, claims that 
duties such as cleaning, analyzing, manipulating, and reporting on analysis require advanced education 
degrees and that creating project strategies regarding preparing datasets quantity and overfitting 
problems require advanced statistical knowledge. I I does not offer an analysis, however, 
of why these duties require more than technical and programming skills, and a few analytical or 
statistical courses. The specialization and complexity, or uniqueness aspect of the proposed position 
is not sufficiently developed in the record. It appears that many of the skills listed in the Petitioner's 
description could reasonably be gained through a general bachelor's degree and certifications in a few 
software programs. A broad educational background which includes some quantitative and analytical 
knowledge does not establish the position as a specialty occupation. The Petitioner must establish that 
the position requires the theoretical and practical application of a body of specialized knowledge 
attained through a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum 
for entry into the occupation as required by the statutory and regulatory definitions. The Petitioner 
has not done so here. 
Instead the Petitioner lists some of the Beneficiary's master's degree level courses along with a 
familiarity with third party technology as the knowledge required to perform the duties of this position. 
The Petitioner's reliance on the Beneficiary's master's degree to establish that the proffered position 
is complex is misplaced. Again, the test to establish a position as a specialty occupation is not the 
skill set or education of a proposed beneficiary, but whether the position itself qualifies as a specialty 
occupation. Put simply, showing that a person with a particular degree could perform the duties of 
the proffered position is not the same as stating that such a degree is required to perform those duties. 
The Petitioner has not adequately explained why certifications in third party software and technology, 
along with a few core quantitative and analytical concepts taught in any number of disparate fields 
would not suffice to perform the duties of the position. While a few related courses may be beneficial 
in performing certain duties of the position, the Petitioner has not established that a curriculum of 
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. 
We have also reviewed the work product submitted to establish that the duties are specialized and 
complex, or unique. We note that the work product consists of lines of computer code to analyze raw 
data, labeled methodologies used to evaluate outcomes, and routine data analysis and queries. This 
information is without context or explanation. The Beneficiary's role and tasks associated with the 
work product is not clearly connected to specific duties. The work product does not assist in 
establishing that the described duties are specialized and complex, or unique. Although we understand 
the importance of the junior data analyst position in the Petitioner's business operations, the Petitioner 
does not provide any comparative discussion that indicates how the duties of the proffered position 
would be more specialized and complex, or unique than other operations research analysts position 
that are not usually associated with at least a bachelor's degree in a specific specialty. The Petitioner 
7 
has not provided the necessary information to demonstrate what precise and specific course of study 13 
culminating in a bachelor's degree in a specific discipline the duties of the position require. The 
Petitioner has not established that its particular position satisfies the second prong of the second 
criterion or the fourth criterion. 
E. Minimum Requirements 
The Petitioner includes several versions of what it requires, as a minimum, to perform the duties of 
the proffered position. Initially, the Petitioner states that the minimum requirements for the proposed 
position are a master's degree in business analytics, operations research, business administration 14 or 
a related field. In response to the Director's RFE, the Petitioner claims that the position requires "at 
least a Master's degree in scientific or business analytics, or other closely related majors," as well as 
mathematical skills, analytical and critical thinking skills, and decision-making ability. The Petitioner 
also adds that it prefers the successful candidate have bilingual English and Mandarin skills. On 
appeal, the Petitioner asserts intermittently that: (1) the duties and responsibilities of the position "are 
so complex and unique that it can only be performed by an individual with a bachelor's degree and 
sufficient previous experience in handling the duties and tasks of [the Beneficiary];" (2) the minimum 
recruitment requirement is a bachelor's degree and a master's degree in science is preferred, according 
to its employeeJ I and, (3) the knowledge required "is associated with the attainment of a 
bachelor's degree in biomedicine/pharmaceutical at the minimum, and a master's degree in 
quantitative/data science and working experiences within the pharmaceutical industry." The Petitioner 
also appears to revise its bilingual requirement as required, not just preferred. 
Thus, it is unclear whether the Petitioner requires a master's degree in business analytics, operations 
research, business administration or a related field, or a general bachelor's degree and some undefined 
amount of experience, or a general bachelor's degree with no experience requirement, or a bachelor's 
degree in biomedicine/pharmaceutical at the minimum. The lack of clarity regarding the Petitioner's 
own minimum requirements undermines any claim that the proffered position meets the regulatory 
and statutory definitions of a specialty occupation. 
We also note that if the Petitioner requires fluency in two languages, English and Mandarin as noted, 
the Petitioner has not provided an LCA 15 that supports the petition. According to DOL's guidance, 
13 We emphasize that degrees that appear related only through basic quantitative and analytical principles are insufficient 
to qualify as a specialty occupation under the statutory definition of specialty occupation, which requires a bachelor's 
degree in "the specific specialty." Section 214(i)(l) of the Act ( emphasis added). That is, any number of disparate degrees 
could include quantitative and analytical principles. 
14 A claimed requirement of a degree in "Business Administration" for the proffered position, without further 
specialization, is inadequate to establish that the proposed position qualifies as a specialty occupation. A petitioner must 
demonstrate that the proffered position requires a precise and specific course of study that relates directly and closely to 
the position in question. Since there must be a close correlation between the required specialized studies and the position, 
the requirement of a degree with a generalized title, such as business administration, without further specification, does 
not establish the position as a specialty occupation. Cf Matter of Michael Hertz Assocs., 19 l&N Dec. 558, 560 (Comm'r 
1988). 
15 The LCA serves as the critical mechanism for enforcing section 212(n)(l) of the Act, 8 U.S.C. § l 182(n)(l). While 
DOL is the agency that certifies LCA applications before they are submitted to U.S. Citizenship and Immigration Services 
(USCTS), DOL regulations note that the Department of Homeland Security (DHS) (i.e., its immigration benefits branch, 
8 
which provides a five step process for determining the appropriate wage level, a foreign language 
requirement generally requires an increase in the wage level unless the foreign language requirement 
is a normal requirement for the occupation. 16 A bilingual language requirement is atypical for the 
occupation of an "Operations Research Analysts" position, thus the wage level should be increased by 
one step to accommodate any bilingual requirement. 
Upon review of the totality of the record, the Petitioner has not established that more likely than not, 
the proffered position is a specialty occupation under any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). Moreover, the record does not establish that the Petitioner satisfied the statutory 
and regulatory definitions of specialty occupation. 
ORDER: The appeal is dismissed. 
USCTS) is the department responsible for determining whether the content of an LCA filed for a particular Form T-129 
actually supports that petition. See 20 C.F.R. § 655.705(b). This regulation requires that USCTS ensure that the petition 
is supported by an LCA which corresponds to the H-IB petition filed on behalf of the Beneficiary. 
16 U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009). 
9