dismissed H-1B Case: Public Relations

MATTER OF P-1- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 10,2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a five-employee digital web agency, seeks to temporarily employ the Beneficiary as a 
"public relations specialist" under the H -1 B nonimmigrant 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-1B 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 
Petitioner did not establish that the proffered position is 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 her findings. 
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 of P-1- Inc. 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.P.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted the term "degree" in the criteria at 8 
C.P.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. Cherto.ff, 
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, 387-88 (5th Cir. 2000). 
r 
II. PROFFERED POSITION 
The Petitioner initially stated that the Beneficiary will assist with the development of media outreach 
plans to help promote the company, and added a brief' description of her daily and core duties as 
follows (paraphrased and bullet points added for clarity): 
• Identify opportunities to create media coverage for the company; 
• Work with social media specialists to craft social plans for PR efforts; 
• Facilitate the development and editing of press releases and social content; 
• Maintain relationships with a community of influencers to advocate for the 
company; 
• Work with the marketing manager to develop and refine measurement strategies 
for PR campaigns; 
• Keep abreast of industry and competitive trends and regularly inform marketing 
of noteworthy news items and opportunities; 
• Assist the team in conducting research, preparing presentations and reports; and 
• Participate in creative brainstorm sessions. 
According to the Petitioner, the proffered employment requires a minimum of a bachelor's degree in 
public relations or a closely related field of study. 
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(b)(6)
Matter of P-1- Inc. 
In response to the Director's request for evidence (RFE), the Petitioner provided a narrative that 
included duties related to the Beneficiary's work for the company.
1 
The Petitioner claimed that the 
Beneficiary's duties involved developing media outreach plans, writing and editing press releases 
and social content for the chief marketing officer's (CMO) review and approval, ghostwriting 
articles for the CMO; identifying the best influencers to promote clients' campaigns, working with 
influencers to disseminate content for each campaign strategy ~n social media outlets, and 
maintaining the company ' s relationships with a community of influencers to advocate for the 
company and its clients; and identifying opportunities to create media coverage for the company. 
The Petitioner added that a bachelor's degree in public relatiops or a closely related field such as 
communications is required to provide the Beneficiary the theoretical and practical knowledge to 
perform the duties of the proffered position. 
On appeal, the Petitioner further explains the Beneficiary's duties in relation to the specific projects 
and submits documentary evidence of those projects. 
III. ANALYSIS 
The Petitioner has not demonstrated that the proffered posttlon 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. 2 
On the labor condition application (LCA)3 submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Public Relations Specialists" 
corresponding to the Standard Occupational Classification code 27-3031.
4 To make our 
1 
The Beneficiary began work with the Petitioner in March 2015 to obtain practical training following the completion of 
her U.S. bachelor's degree in public relations. The Petitioner noted that it currently employs the Beneficiary pursuant to 
curricular practical training authorization granted by where she is 
pursuing graduate studies in information systems engineering and management. 
2 The Petitioner submitted documentation in support of the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 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. See 
Matter ofSimeio Solutions. LLC, 26 I&N Dec. 542, 545-46 (AAO 20 15). 
4 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels) . We will 
consider this selection in our analysis of the position . The " Prevailing Wage Determination Policy Guidance" issued by 
the DOL provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which 
the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that 
the Beneficiary will be expected to perfonn routine tasks that require limited, if any, exercise of judgment; (2) that she 
will be closely supervised and her work closely monitored and reviewed for accuracy ; and (3) that she will receive 
specific instructions on required tasks and expected results . U.S. Dep't of Labor, Emp't & Training Admin ., Prevailing 
Wage Determination Policy Guidance, Nonagric . Immigration Programs (rev . Nov . 2009), available at 
http://flcdatacenter.com /download/NPWHC_Guidance_Revised_ll_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 
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Matter of P-1- Inc. 
determination as to whether the employment described above qualifies as a specialty occupation, we 
turn to the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 5 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the 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. 6 
The subchapter of the Handbook entitled "How to Become a Public Relations Specialist" states, in 
relevant part: "Public relations specialists typically need a bachelor's degree. Employers prefer 
candidates who have studied public relations, journalism, communications, English, or business." 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Public Relations Specialists, https://wwv·i.bls.gov/ooh/media-and-communication/public-relations­
specialists.htm#tab-4 (last visited Feb. 1, 2017). The Handbook also states: "Public relations 
specialists typically need a bachelor's degree m public relations, journalism, communications, 
English, or business." 
The Handbook does not support the assertion that a baccalaureate or higher degree in a specific 
specialty. or its equivalent, is normally the minimum requirement for entry into the occupation. 
Although the Handbook indicates that a bachelor's or higher degree is required, it also indicates that 
bachelor's degrees in various fields such as public relations, journalism, communications, English or 
business, are acceptable for entry into the occupation. 
To demonstrate that a job requires the theoretical and practical application of a body of highly 
specialized knowledge as required by section 214(i)(l) ofthe Act, a petitioner must establish that the 
position requires the attainment of a bachelor's or higher degree in a specific specialty, or its 
equivalent. The Handbook recognizes that degrees in disparate fields, i.e., English and business, are 
acceptable to perform the duties of a public relations specialists' position. A general-purpose 
bachelor's degree, such as a degree in business for example, may be a legitimate prerequisite for a 
particular position; however, 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. 
requirements of the Petitioner's job opportunity. !d. 
5 Although some aspects of the regulatory criteria may overlap. we will address each of the criteria individually. 
6 All of our references are to the 2016-20 17 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 we regularly review the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden 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. 
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Matter of P-1- Inc. 
Cherto_ff, 484 F.3d at 147. The Petitioner, in this matter, appears to agree that requiring only a 
general business degree is insufficient to qualify a public relations specialist position as a specialty 
occupation. 7 In response to the Director's RFE, when referring to the Handbook's report on this 
occupation, the Petitioner repeated the Handbook's citation to five fields of study as relevant to the 
public relations specialist position, and adds "[a]ssuming that the Business Degree carries a major in 
Marketing." However, the Handbook does not qualify the business degree mentioned as a business 
degree with a major in marketing. The Handbook recognizes that public relations specialists 
·typically need a bachelor's degree in the general field of business or one of four other fields of study. 
The Handbook's recognition that a general, non-specialty business degree is sufficient for entry into 
the occupation strongly suggests that a bachelor's degree in a specffic specialty is not normally the 
minimum requirement for entry for this occupation. 
When the Handbook does not support the proposition that a proffered position is one that meets the 
statutory and regulatory provisions of a specialty occupation, it is incumbent upon the Petitioner to 
provide persuasive evidence that the proffered position more likely than not satisfies this or one of 
the other three criteria, notwithstanding the absence of the Handbook's support on the issue. In that 
regard, on appeal the Petitioner asserts that universities across the United States offer a bachelor's 
degree in public relations to prepare students for careers in public relations specialty occupations. 
We do not dispute that a bachelor's degree in public relations would prepare a student for a career as 
a public relations specialist. Under this criterion, however, the Petitioner must establish that a 
baccalaureate or higher degree in public relations, or its equivalent, is normally the minimum 
requirement for entry into the particular position. That a university offers a specific degree does not 
equate to that specific degree being the normal minimum requirement for entry into the position. As 
noted above, according to the Handbook five distinct degrees, including degrees in the general fields 
of business and English, will prepare the student to enter into this occupation. 
The Petitioner has not established that the proffered position falls under an occupational category for 
which the Handbook, or other authoritative source, indicates that normally the minimum requirement 
for entry is at least a bachelor's degree in a specific specialty, or its equivalent. 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. 
Upon review of the totality of the record, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l). 
7 
The Petitioner also appears to acknowledge that the degrees of English and journalism are disparate degrees from a 
public relations or communications specialty, as it describes joumalism and English degrees recipients as requiring 
additional experience in media relations or strategy to quality for a public relations specialist position. 
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Matter of P-1- Inc. 
B. Second Criterion 
The second criterion presents two alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
concentrates 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 
equiva.lent) is common to the industry in parallel positions among similar organizations. 
When determining whether there is such a common degree requirement, factors often considered by 
us 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 sources) 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. 
The Petitioner submitted copies of advertisements as evidence that its degree requirement is standard 
amongst its peer organizations for parallel positions in the public relations industry. However, the 
advertisements submitted include advertisements from companies in the architecture/engineering 
consulting business, an undefined consulting business, a boutique-advertising agency, and an 
agriculture marketing communications firm. While some of the advertisers are in the public 
relations industry, and some are businesses that focus their marketing efforts on social media, the 
Petitioner has not provided evidence regarding which aspects or traits it shares with the advertising 
organizations. Consequently, the record lacks sufficient information regarding the advertising 
employers to conduct a legitimate comparison of these organizations to the Petitioner. 
Moreover, the submitted advertisements establish at best that a bachelor's degree is generally 
required, but not a bachelor's degree in a spec(fic specialty, or its equivalent. That is, the 
requirements to perform the positions advertised include degrees in public relations, 
communications, journalism, ma~keting, English, or business. Thus, the advertisements confirm the 
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(b)(6)
Matter of P-1- Inc. 
Handbook's report that several degrees, including degrees of general applicability, are sufficient to 
prepare an applicant to perform the duties of a public relations specialist, and several of the 
advertisements add that a degree in marketing is also acceptable. 
Additionally some ofthe advertisements also require the successful candidate to have experience in 
addition to a bachelor 's degree. As the Petitioner has designated the proffered position a Level I 
wage position on the LCA, a wage suitable for those individuals with only a basic understanding of 
the occupation, these advertisements appear to be for more advanced positions and thus are not 
parallel to the proffered position. 
Finally, although some of the advertisements include a few of the duties the Petitioner references for 
its position, the descriptions are not sufficiently detailed to allow a complete analysis of the positions 
as they compare to the proffered position. The advertisements are insufficient to establish this 
criterion. 
On appeal , the Petitioner submits a letter from an 8-year-old social media and influencer 
marketing compan y. The chief executive officer (CEO) states that his company is 
comprised of approximately 20 employees including 2 public relations specialists. He indicates it is 
the company ' s practice to hire public relations specialists with at least a bachelor's degree in public 
relations or a closely related field such as communications or journalism and that its two current 
public relations specialists possess degrees in communications and journalism. The CEO also 
provides an overview of the duties these individuals perform. However , the letter does not contain 
detailed information regarding the duties of the public relations specialist for the company nor 
provide supporting evidence of the degrees held by the employees holding the position. The 
CEO does not identifY these two individuals ' level of responsibility and does not submit 
documentary evidence of employment. Moreover, the opinion of a single marketing company is 
insufficient to establish an industry standard. 
As the record does not include probative evidence that a "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 , the Petitioner has not satisfied the tirst 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. 
The evidence of record does not distinguish the proffered position as unique from or more complex 
than other public relations specialist positions that can be performed by persons without at least a 
bachelor's degree in a specific specialty , or its equivalent. It has not been established that this 
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Matter of P-1- Inc. 
position is significantly different from other public relations specialist positions such that it refutes 
the Handbook's information to the effect that there is a spectrum of degrees acceptable for this 
occupation, including degrees in fields of general applicability. 
We have considered the Petitioner's claim made in response to the Director's RFE that the proffered 
position is a critical, professional position and not an assistant in the public relations field. We have 
reviewed the Petitioner's lengthy narrative describing the proffered position and emphasize that the 
Petitioner does not demonstrate how its public relations specialist's duties require the theoretical and 
practical application of a body of highly specialized knowledge such that a bachelor's or higher 
degree in a specific specialty, or its equivalent, is required to perform them. For instance, the 
Petitioner did not submit information relevant to a detailed course of study leading to a specialty 
degree and did not establish how such a curriculum is necessary to perform the duties it claims are so 
complex and unique. 
That the proffered position is not a specialty occupation is further evidenced by the LCA submitted 
by the Petitioner in support of the instant petition.8 Again, the LCA indicates that, relative to other 
positions located within the "Public Relations Specialists" occupational category, the Beneficiary 
would perform routine tasks that require only a basic understanding and require limited, if any, 
exercise of judgment. Without further evidence, the record 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. 
Here the Petitioner does not demonstrate how the proffered position of public relations specialist is 
so complex or unique relative to other public relations specialist positions that do not require at least 
a baccalaureate degree in a specific specialty, or its equivalent, for entry into the occupation in the 
United States. Accordingly, it cannot be concluded that the Petitioner has satisfied the second 
alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
8 The issue here is that the Petitioner's designation of this position as a Level 1 position undermines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, a Level I wage-designation does not preclude a proffered position from classification as a 
specialty occupation, just as a Level IV wage-designation does not definitively establish such a classification. In certain 
occupations (e.g., doctors or lawyers), a Level I, entry-level 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 relevant factor but is not itself conclusive evidence that a proffered position meets the requirements 
of section 214(i)( 1) of the Act. 
8 
Matter~~ P-1- Inc. 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
The Petitioner acknowledges that this is the first time it has hired a public relations specialist and 
thus that it does not have a recruiting and hiring history for the occupation. Accordingly, the record 
does not include evidence sufficient to conclude that the~Petitioner has satisfied the third criterion. 
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 explains on appeal that it is a part of a "riew type of public relations business" which 
is sometimes identified as "influencer PR agencies." The Petitioner asserts that this type of agency 
"connects brands (clients) with 'influencers' (celebrities, bloggers, videographers, photographers) 
who promote brand awareness through blogs or by creating and sharing content" over social media 
outlets. The Petitioner explains further that part of the Beneficiary's role is to connect clients to its 
social media influencers, and that she identifies the influencers and works with them to create 
content for dissemination. The Petitioner provides examples of the Beneficiary's email 
conversations with social media influencers correc_ting grammar and requesting minor changes to 
content to better highlight the clients' brand, as well as articles it claims the Beneficiary ghostwrote 
for the CMO. 
We recognize that the Petitioner is part of the public relations industry that focuses on marketing via 
social media and that it is marketing its services as well as creating a venue for clients to com1ect to 
social influencers through it or through the use of its software. While this type of marketing may be 
new, the Petitioner has not supplied evidence that the type of work it expects from the Beneficiary 
requires more than a basic understanding of the public relations specialists' occupation. We 
recognize that the Petitioner desires a capable employee to connect cliel1,ts and social influencers, 
and to work with them on marketing campaigns. However, the record does not include probative 
evidence that the duties as generally described require more than a basic proficiency in the public 
relations field. 
Although the Petitioner appears to claim that experience in public relations as well as a degree of 
general applicability is necessary to fulfill its requirements for the proffered position, the Petitioner 
has designated the position in the LCA as a Level I position (the lowest of four assignable wage­
levels) relative to others within the same occupational category. As noted above, a Level I position 
requires limited, if any, exercise of judgment and is indicative of someone who will be closely 
supervised and who will have her work closely monitored and reviewed for accuracy; it does not 
9 
Matter of P-1- Inc. 
denote a level of experience. Thus, while the Petitioner is claiming that the proffered position 
requires the performance of specialized and complex duties, it has identified the wage requirement 
for the position to be the lowest wage level available for a public relations specialist. The 
Petitioner's designation of this position as a Level I; entry-level public relations specialist 
undermines its claim that the position is particularly complex or specialized compared to other 
positions within the same occupation. 
The Petitioner has not sufficiently developed relative specialization and complexity as an aspect of 
the proffered position. In other words, the proposed duties have not been described with sufficient 
specificity to show that they are more specialized and complex than public relations specialist 
positions that are not usually associated with at least a bachelor's degree in a specific specialty, or its 
equivalent. The Petitioner has not demonstrated in the record that its protTered position is one with 
duties sufficiently specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
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. 
~' 
IV. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of P-I- Inc., ID# 186711 (AAO Feb. 10, 2017) 
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