dismissed H-1B Case: Public Relations

U.S. Citizenship 
and Immigration 
Services 
In Re : 10875518 
Appeal of California Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-1B) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB . 23, 2021 
The Petitioner , a consulting firm, seeks to temporarily employ the Beneficiary as a "public relations 
specialist" under the H-lB nonimmigrant classification for specialty occupations . Immigration and 
Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-lB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both (a) the theoretical and practical application of a body of highly specialized knowledge 
and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a 
minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition , concluding that the record did not 
establish that establish that the proffered position qualifies as a specialty occupation. On appeal, the 
Petitioner contends that the Director erred . 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe , 25 I&N Dec . 369, 375 (AAO 2010). We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec . 537, 537 n.2 (AAO 2015) . 
Upon de nova 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: 
( I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that knowledge 
required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not just any baccalaureate or 
higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal 
Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a 
specific specialty" as "one that relates directly to the duties and responsibilities of a particular 
position"). 
II. PROFFERED POSITION 
The Petitioner provided the following job duties for the position: 
• Write press releases and prepare information about [the Petitioner] for the media, 
including press kit materials, pitch letters, case studies, feature article, and trend stories. 
(35%) 
o By leveraging the knowledge of customer behavior and brand management, 
prepare the information or materials about [the Petitioner] for news, articles, 
advertisement, etc. and make these materials or posts reach the highest 
effectiveness. 
• Respond to requests for information from the media, cultivate and maintain 
relationships with regional and national media. (20%) 
o Identify, develop and execute communications strategy for key media contacts 
and customer references. Copy edit, proofread, and revise these 
communications. 
o Uses psycho graphics to shape consumers' thinking about our clients' services 
and products. Research media coverage and industry trends. Conduct 
extensive media outreach. 
• Curate/produce news web page, which includes building features, finding artwork, 
posting other stories as necessary, and resolving technical problems. (15%) 
o Manage the official website, update the information of [ the Petitioner] and post 
the news or articles online. Recommend, implement and maintain site design 
and operation. Create company literature and other forms of communication. 
2 
o Develop fresh story ideas. Help to clarify the organization's point of view to 
their main constituency. Design and launch email marketing campaigns. Plan 
and deliver education courses and materials. 
• Handle internal communications as assigned, including the [the Petitioner] company 
newsletter, financial reports, and PowerPoint presentations. (15%) 
o Prepare presentations for media briefings and other meetings. Organize and 
oversee company events such as fairs, open day, seminars, conferences etc. 
o Work with manager and business units to create financial reports. Uses 
software programs such as Excel to help design and model data sets from our 
clients. 
• Identify main client groups and audiences and determine the best ways to reach them. 
(3%) 
o Market research and define customers' preferences and hobbies in order to 
make sure that the artwork, stories, media materials and advertisement can 
attract their attention. 
o Analyze the data of existing customers to better define the target customer 
group; gather and analyze the digital marketing results to better take out 
effective advertisement. 
• Develop and maintain the corporate image and identity of [the Petitioner], using logos 
and signs. (2%) 
o Find out the customer stage of [the Petitioner's] customers and think of different 
media channels, campaigns, as well as advertising strategies for each of these 
stages. Ensure that the branding is consistent and coherent, different from 
competitors, and engaging well with customers and clients. 
o Conduct thorough research and conduct surveys to find what type of branding 
is effective and appropriate for each client. Use data visualization software and 
statistical analysis to evaluate the results of the research. 
• Draft speeches and arrange interviews for our top executive. (5%) 
o Create and deliver press releases, media relations content, case studies, white 
papers, executive bios, corporate newsletter content, social media content, and 
speaking proposals. 
• Evaluate advertising and promotional programs to determine whether they are 
compatible with public relations efforts. (5%) 
o Conduct A/B split testing to evaluate the advertising and promotional programs. 
Evaluate the effectiveness of advertising and online interactive tools by using 
web analytics. Use statistical methods such as regression analysis and 
hypothesis testing to evaluate the data sets associated with each advertising and 
promotional program. 
According to the Petitioner, the position requires a degree in marketing or a closely related field. 1 
1 We note that the Petitioner indicated the proffered position is a pait-time and requires 23 hours per week. 
3 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 
Specifically, the record does not establish that the job duties require an educational background, or its 
equivalent, commensurate with a specialty occupation. 2 
A. First Criterion 
We tum first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(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 will 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 
On the labor condition application (LCA) 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 (SOC) code 27-3031. 4 The 
Handbook subchapter entitled "How to Become a Public Relations Specialist," reports that a variety 
of degrees may prepare an individual to perform the duties of the occupation. 5 The Handbook states, 
in pertinent part, that "[p ]ublic relations specialists typically need a bachelor's degree in public 
relations, journalism, communications, English, or business." 6 Notably, acceptance of a bachelor's 
degree in business, with no farther specialization, does not establish that the occupation involves a 
"body of highly specialized knowledge" or that a normal entry requirement is the attainment of a 
bachelor's degree in a "specific specialty." The courts and the agency consistently have stated that, 
although a general-purpose bachelor's degree, such as a business degree, may be a legitimate 
prerequisite for a particular position, requiring such a degree, without more, will not justify a finding 
that a proffered position qualifies for classification as a specialty occupation. Royal Siam Corp., 484 
F.3d at 147. 
2 On appeal, the Petitioner's arguments focus on how it has established the proffered position is a specialty occupation 
under the first, second, and fourth criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). Accordingly, we will limit our analysis to 
these three criteria as well as to the Petitioner's arguments relative to the expert opinion letters it submitted. 
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. 
4 A petitioner submits the LCA to DOL to demonstrate that it will pay an H-lB worker the higher of either the prevailing 
wage for the occupational classification in the area of employment or the actual wage paid by the employer to other 
employees with similar duties, experience, and qualifications. Section 2 l 2(n)(l) of the Act; 
20 C.F.R. § 655.73 l(a). 
5 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Public Relations Specialists, 
https://www.bls.gov/ooh/media-and-communication/public-relations-specialists.htm (last visited Feb. 23, 2021 ). 
6 We observe that the Handbook also states "Public relation specialists typically need a bachelor's degree. Employers 
prefer candidates who have studied public relations, journalism, communications, English, or business." Id. "Prefer" is not 
equivalent to "required," and this statement also does not establish that a bachelor's degree in a specific specialty, or its 
equivalent is required for entry into the occupation. 
4 
Further, the Handbook indicates that this occupation category accepts multiple degrees. We note that 
the Petitioner cites to Tap is Int 'l7 and Residential Finance Corp. v. USCIS, 8 among other cases, to 
support its claim that the first regulatory criterion does not preclude the finding of a specialty 
occupation when multiple disciplines may be permitted. We agree that "[t]he knowledge and not the 
title of the degree is what is important." 9 For example, in general, provided the specialties are closely 
related, e.g., chemistry and biochemistry, a minimum of a bachelor's or higher degree in more than 
one specialty is recognized as satisfying the "degree in the specific specialty ( or its equivalent)" 
requirement of section 214(i)(l)(B) of the Act. In such a case, the required "body of highly specialized 
knowledge" would essentially be the same. Since there must be a close correlation between the 
required "body of highly specialized knowledge" and the position, however, a minimum entry 
requirement of a degree in two disparate fields, such as philosophy and engineering, would not meet 
the statutory requirement that the degree be "in the specific specialty ( or its equivalent)," unless the 
Petitioner establishes how each field is directly related to the duties and responsibilities of the 
particular position. 10 Section 214(i)(l)(B) of the Act (emphasis added). In this matter, as discussed, 
the Handbook does not indicate a requirement for a bachelor's or higher degree in a specific specialty. 
Thus, the Petitioner's reliance on the Handbook to establish that this occupation requires a bachelor's 
or higher degree in a specific specialty, or its equivalent, for entry is not well-founded. 
Similarly, the Petitioner refers to DOL's Occupational Information Network (O*NET) summary 
report for "Public Relations Specialists" to support the "fact that [ within the occupation] 100% of 
survey respondents hold at least a bachelor's degree." 11 However, the O*NET report provides only 
general information regarding the occupation. It does not support the Petitioner's assertion regarding 
the specialized educational requirements for these positions. For example, the specialized vocational 
preparation (SVP) rating cited within O*NET's Job Zones designates this occupation as 7 < 8. An 
SVP rating of 7 to less than ("<") 8 indicates that the occupation requires "over 2 years up to and 
including 4 years" of training. While the SVP rating indicates 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. Similarly, even if O*NET 
survey results indicate a bachelor's degree is more likely than not required, those results do not specify 
that any specific specialization is required. Therefore, O*NET also does not establish a specialty 
7 94 F.Supp.2d 172. 
8 839 F. Supp. 2d 985 (S.D. Ohio 2012) 
9 Id. at 997 ( citing Tap is, 94 F. Supp. 2d at 175-76). 
10 While the statutory "the" and the regulatory "a" both denote a singular "specialty," we do not so narrowly interpret these 
provisions to exclude positions from qualifying as specialty occupations if they permit, as a minimum entry requirement, 
degrees in more than one closely related specialty. See section 214(i)(l)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). This 
also includes even seemingly disparate specialties if the Petitioner establishes how each acceptable, specific field of study 
is directly related to the duties and responsibilities of the particular position. Moreover, we generally agree that, if the 
requirements to perform the duties and job responsibilities of a proffered position are a combination of a general bachelor's 
degree and specialized experience such that the standards at both section 214(i)(l )(A) and (B) of the Act have been 
satisfied, then the proffered position may qualify as a specialty occupation. However, these general propositions are not 
applicable here. Instead, they are applicable in circumstances where (I) a specific degree is not available in a particular 
field, and (2) the beneficiary has obtained the equivalence to that specific degree through a combination of general 
education and specialized experience. The Petitioner has not demonstrated that the same circumstances exist here .. 
11 Summary Report for 27-3031.00 Public Relations Specialists, O*NET OnLine Archives, 
https://www.onetonline.org/ Archive_ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2021/link/summary/27-3031.00 (last visited 
Feb. 23, 2021). 
5 
degree, or its equivalent, is required to enter the occupation. 
Notably, the Petitioner initially asserted that "a bachelor's degree in the specific field of marketing" is 
required for this position, which differs from the Handbook's requirement for the occupation. In 
response to the Director's request for evidence (RFE) the Petitioner changed its requirement by 
providing a range of degrees it would find acceptable for the position which mirrored the list found in 
the Handbook. Specifically, the Petitioner stated, "[f]or this position, the limited range of degrees 
acceptable is the communication-related field that includes public relations, journalism, 
communications, English, or business." However, the Petitioner then referenced of inion letters that 
state varying requirements. For example,I I ofl _ University states 
that the position requires a bachelor's degree in marketing or a closely related field, andl I 
.__ _____ _.I of the University ofl I states a bachelor's degree in marketing or 
advertising, or a master's degree in marketing "provides even more specialized knowledge in the areas 
of digital and analytics." The Petitioner does not explain the discrepancies in the record to clarify 
what is normally the minimum requirement for entry into the particular position. On appeal the 
Petitioner asserts, without farther support, that "[ m ]arketing undoubtedly falls within the category of 
[a] business" degree after discussing the Handbook. Even if true, as noted, the Petitioner does not 
consistently describe the requirements for entry into the particular position, and states that the list of 
acceptable degrees for the position is the field of "communication-related" degrees which includes the 
other degrees named in the Handbook. The word "includes" suggests that the list is not comprehensive 
and additional degrees might be acceptable as well so long as they are in the same field. Therefore, 
as we discussed above regarding the Handbook's degree list, the range of the acceptable degrees as 
described by the Petitioner for this particular position does not establish that the occupation involves 
a "body of highly specialized knowledge" or that a normal entry requirement is the attainment of a 
bachelor's degree in a "specific specialty." 12 
On appeal, the Petitioner also claims that the Director erroneously disregarded the two expert opinion 
letters it provided and failed to give proper weight to their "comprehensive understanding of the field 
and the proffered position." We reviewed the letters and find them unpersuasive. As noted, the letters 
state varying requirements for the position. Further, the letters do not demonstrate sufficient 
knowledge of the position. In the first letter,.__ _____ ~ indicates he believes a degree in 
marketing or a closely related field is required for the proffered position and also by companies seeking 
to employ public relations specialists in similar positions. The professor describes the Petitioner's 
business in three sentences, stating that the Petitioner "helps businesses grow through results-oriented 
marketing solution by providing digital and traditional marketing strategies," "develop[ s] and 
implement[s] research-based growth strategies that help small businesses accelerate revenue 
generation" and "partner[ s] with client organizations to research, plan, develop and implement 
effective growth strategies." While he claims that he examined the duties in detail, he does not 
adequately explain why performing duties that consist of 55% of the Beneficiary's time, such as "write 
12 We note the Petitioner asserts in her discussion of the range of acceptable degrees the Director failed "to consider ... 
[the] 'equivalency' language in the regulations." However, this concern seems misplaced since this case does not appear 
to be one involving degree equivalency. The provisions at 8 C.F.R. § 214.2(h)(4)(iii)(D) indicate degree equivalency 
relates to determining whether an individual has achieved "a level of knowledge, competence, and practice in the specialty 
occupation that has been determined to be equal to that of an individual who has a baccalaureate or higher degree in the 
specialty .... " Here, as discussed. the Petitioner does not sufficiently establish requirements for the position, but also does 
not reference an equivalency requirement. 
6 
press releases and prepare information about [the Petitioner] for the media" or "respond to requests 
for information from the media," requires a marketing degree or whether such duties are consistent 
with how he described the company. Instead, he concludes that skills required to write press releases, 
evaluate advertising and promotional programs and produce news web pages are learned and refined 
through courses of marketing or a closely related fields such as marketing management, international 
business, consumer behavior, marketing research, and integrated marketing communications. He then 
generally discusses bachelor's degree programs in marketing but does not expound on the proffered 
position. He also opine that job candidates without such degrees would be at a disadvantage and 
ill-equipped in comparison to candidates like the Beneficiary, who has a degree in marketing. 
However, although a specific degree may make a candidate more competitive, it does not necessarily 
mean that such a degree is required to perform the duties of a particular position. 
The other letter from.__ __________ __. is primarily focused on the Beneficiary's 
qualifications. He references the Beneficiary's education and opines that it makes her highly qualified 
to perform the duties of the proffered position. He then goes on to state that a bachelor's degree in 
marketing or advertising would be the minimum requirement to perform the duties of the proffered 
position with such a level of competency. His letter does not address whether other areas of training 
could provide the minimum required knowledge to enter the profession. The test to establish a position 
as a specialty occupation is not the education or experience of a particular beneficiary, but whether the 
position itself requires at least a bachelor's degree in a specific specialty, or its equivalent. Thus, 
I l's opinion bears little relevance to the determination concerning whether the proffered 
position is a specialty occupation. 
Although both professors discuss the requirement and/or value of a marketing or similar degree for 
entry into the occupation, neither clearly cites to evidence or information that supports this conclusion . 
.__ _____ ___. states his opinion was formed based on his review of the Director's RFE, the 
Petitioner's support letter, the Handbook, O*NET, and evidence relating to the Beneficiary's 
qualificationsJ Ion the other hand only indicates he reviewed the Petitioner's job duty 
descriptions. Notably, neither professor indicates they were provided or otherwise aware of the job 
postings submitted by the Petitioner that, as will be discussed below, 13 suggest a variety of degrees 
are acceptable to enter the occupation. Likewise, they do not discuss and differentiate any other 
specific examples of similar positions that do not require a specialty degree. Although the professors 
may have experience in preparing students to enter the workforce, there is no explanation or analysis 
of the Handbook's report that a general bachelor's degree in business or English would be sufficient 
to perform the duties of this occupation. 14 No additional sources were cited by either professor as a 
basis for their opinion beyond general reference to their academic and work experience. 
13 See second criterion discussion below for further consideration of the submitted job postings. 
14 Althoughl ldiscusses the Handbook, neither he noJ !references it or other relevant sources, 
studies, or surveys to explain why only marketing or closely related degrees would quality an individual for entry into the 
occupation in question. For example,! I references the Handbook and says it's only intended to educate the 
public about occupational characteristics and labor trends and should not be used to establish minimum educational entry 
requirements. However, he does not make any further attempt to analyze the relevance of the information in the Handbook 
or explain why its information on educational entry "trends" differs from n01mal entry requirements for the particular 
position in question other than stating that he is qualified to analyze and determine the requirements for a position based 
on his expertise in the field. 
7 
Without greater substantive context demonstrating a sound factual basis for the professors' opinions, 
the record contains insufficient evidence to corroborate their assertions. Given that the professors 
opinions appear to contradict other evidence in the record that some companies accept non-specialty 
general degrees or degrees in a variety of fields, we decline to afford the opinions determinative 
weight. 15 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. First Prong of 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 contemplates 
common industry practice, while the second narrows its focus to the Petitioner's specific position. 16 
To satisfy this first prong, the Petitioner must establish that the "degree requirement" (i.e., a 
requirement of a bachelor's or higher degree in a specific specialty, or its equivalent) is common to 
the industry in parallel positions among similar organizations. 
We generally consider the following sources of evidence to determine if there is such a common degree 
requirement: whether the Handbook reports that the industry requires a degree; whether the industry's 
professional association has made a degree a minimum entry requirement; and whether letters or 
affidavits from firms or individuals in the industry establish that such firms "routinely employ and 
recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) 
(quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989) (considering these 
"factors" to inform the commonality of a degree requirement)). As noted, the Handbook does not 
indicate that a bachelor's degree in a specific specialty is a common requirement within the industry 
for parallel positions among similar organizations. 
Further, on appeal, the Petitioner acknowledges but does not contest the Director's determination that 
it had not sufficiently demonstrated the 11 job postings it submitted were for similar positions at 
similar organizations. As such, we need not address the probative value of the job postings. 
Nevertheless, we note that the job postings indicate a wide variety of bachelor's degrees would be 
acceptable entry credentials including degrees in English, writing, and communications. Moreover, 
two of the postings do not indicate any specific academic specialization is required and one requires 
only that the degree be in a "related" field. Thus, even if the postings were for similar positions at 
15 As a matter of discretion, we may use opinion statements submitted by the Petitioner as advisory. Matter of Caron Int'!, 
Inc., 19 I&N Dec. 79L 795 (Comm'r 1988). However, we will reject an opinion or give it less weight if it is not in accord 
with other information in the record or ifit is in any way questionable. Id. We are ultimately responsible for making the 
final determination regarding an individual's eligibility for the benefit sought; the submission of expert opinion letters is 
not presumptive evidence of eligibility. Id.; see also Matter of V-K-, 24 T&N Dec. 500, 502 n.2 (BIA 2008) ("[E]xpert 
opinion testimony, while undoubtedly a form of evidence, does not purport to be evidence as to 'fact' but rather is 
admissible only if 'it will assist the trier of fact to understand the evidence or to determine a fact in issue.'"). Here, even 
if the opinion letters are not read as contradictory, they do not adequately overcome concerns discussed above relating to 
the broad range of acceptable degrees that would be acceptable for entry per the Handbook and the Petitioner's own 
statements. 
16 The second prong of the second criterion will be discussed below. 
8 
organizations similar to the Petitioner, which has not been established, the generalized nature of some 
of the permitted degrees contradicts the Petitioner's claims regarding the specialty nature of the 
occupation. 17 
The Petitioner does not provide any other sufficiently relevant evidence of common industry 
standards. As we discussed above, although the Petitioner submitted two opinion letters, we decline 
to afford them significant weight and hereby incorporate our prior discussion of the letters. 
Thus, the Petitioner has not satisfied the first alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
C. 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)(4) 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. 
After reviewing the duty descriptions and other evidence provided, we conclude that the record does 
not contain a sufficiently detailed description of the Beneficiary's duties to (1) establish that the 
position requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate or higher degree in the specific specialty, or its equivalent; and, 
(2) that the nature of the specific duties is so complex or unique, or 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 record lacks sufficiently detailed information to establish that the duties of the proffered position 
are so complex or unique, or specialized and complex, that they can only be performed by persons 
with at least a bachelor's degree in a specific specialty, or its equivalent. For example, the Petitioner's 
support letter indicates that over half of the Beneficiary's time would be dedicated to "[writing] press 
releases and prepar[ ing] information about [ the Petitioner] for the media, including press kit materials, 
pitch letters, case studies, feature article[s], and trend stories," "[r]espond[ing] to requests for 
information from the media" and "cultivat[ing] and maintain[ing] relationships with regional and 
national media." These tasks lack substantive detail and closely mirror job duties and tasks for "Public 
17 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]andom 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 enor"). 
9 
Relations Specialists" as listed in the Handbook and O*NET. 18 Moreover, the Petitioner did not 
provide evidence of requests for information from the media, samples of responses to such requests, 
or of its relationships with "regional and national media." Nor did it explain why these duties are so 
complex they can only be performed by someone with a degree in marketing. 
In response to the Director's request for additional detail, the Petitioner further explained the 
Beneficiary would accomplish these duties by "leveraging the knowledge of customer behavior and 
brand management, prepar[ing] the information or materials about [the Petitioner] for news, articles, 
advertisement, etc. and mak[ing] these materials or posts reach the highest effectiveness" and by 
"[i]dentify[ing], develop[ing] and execut[ing] communications strategy for key media contacts and 
customer references," "[c]opy edit[ing], proofread[ing], and revis[ing] these communications," 
"[using] psychographics to shape consumers' thinking about our clients' services and products," 
"[r]esearch[ing] media coverage and industry trends," and "[c]onducting extensive media outreach." 
This additional information also does not distinguish why the duties of the proffered position could 
not be performed by an individual without a bachelor's degree in a specific specialty. The additional 
descriptions do not illuminate the substantive application of knowledge involved or any particular 
associated educational requirement. Without more specific information regarding the tasks in relation 
to the Petitioner's business operations, it is unclear why such duties require a degree in marketing or 
a closely related field. 
Moreover, the Petitioner did not provide sufficient explanation regarding how the provided work 
samples demonstrate the complex or unique, or specialized and complex, nature of the position. For 
example, the Petitioner provided two "[ a ]nalytics [ c ]harts" which it claims "[ d]emonstrate 
[ c ]ommunications [p ]roficiency and [ o ]nboarding of [ c ]lients" by the Beneficiary. One of the charts 
consists of a pie graph indicating percentages of clients acquired from various media channels. Below 
the chart are four observations regarding the data, such as "Website performs as usual" and "Even 
though Linkedin is not our main client-acquiring platform, we still need to work more on it, like 
exceeding the exposure of events, news, articles, etc." The chart does not indicate how the data was 
acquired nor does the analysis appear particularly complex. The other chart is comprised of two bar 
graphs listing two clusters of target clients based on age, location, gender, and level of education. 
After briefly summarizing the data in the graphs, the chart concludes regarding the first cluster that 
they can be best reached by "continually holding different kinds of online or offline career events" 
and states regarding the second that they "prefer to contact us through social media or online event." 
The source of the data in this chart, like in the first, is not clear. And, likewise, the low-level analysis 
and broad conclusions reached do not appear to require particularly specialized, complex, or unique 
knowledge usually associated with the attainment of a bachelor's or higher degree in a specific 
specialty, or its equivalent. 
The Petitioner also provided copies of portions of its webpage and other marketing materials including 
a company brochure and a flyer for a career workshop. It is not clear whether the Beneficiary was 
involved in the creation of these materials or the extent to which the Beneficiary was involved in the 
18 See Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Public Relations Specialists, 
https://www.bls.gov/ooh/media-and-communication/public-relations-specialists.htm#tab-2 (last visited Feb. 23, 2021 ); 
Summary Report for 27-3031.00 Public Relations Specialists, O*NET OnLine Archives, 
https://www.onetonline.org/Archive _ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2021/link/summaiy/27-3031.00 (last visited 
Feb. 23, 2021). 
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workshop. However, even if the Beneficiary did generate their content, the information conveyed 
does do not appear to be of such complexity, specialization, and/or uniqueness so as to require a 
bachelor's degree in a specific specialty to be able to create it. For example, the flyer includes a brief 
summary of the Petitioner's company, a one paragraph overview of the event, an agenda, and speaker 
biographies. Likewise, the event itself is described as a resume review conference, career consultation 
workshop, and networking event for UMN students. The Beneficiary is not listed among the 
presenters and no specific career field is identified as being a focus of the event. Thus, even if the 
Beneficiary were involved given the public relations nature of the event, it is not clear why a specialty 
degree in marketing would be required to arrange and organize it. 
Moreover, the Petitioner states that the Beneficiary will "[c]urate/produce [its] news web page, which 
includes building features, finding artwork, posting other stories as necessary, and resolving technical 
problems." The Petitioner specified in its RFE response that this includes "[m]anag[ing] the official 
website, update[ing] the information of [the Petitioner] and post[ing] the news or articles online." 
First, it remains unclear why these duties would require an individual with a bachelor's or higher 
degree in a specific specialty, or its equivalent. It is not obvious by this description that such tasks are 
particularly complex or unique, or specialized and complex, and the Petitioner does not sufficiently 
explain how they require the theoretical and practical application of a body of highly specialized 
knowledge. Second, we observe that the descriptions are so generic that it is not even clear if these 
duties would fall under the normal duties of a public relations specialist. Although O*NET indicates 
that public relations specialists "[u]pdate and maintain content posted on the Web," the Beneficiary's 
responsibilities relating to building, curating, and managing the Petitioner's website and resolving 
related technical problems appears to suggest web development duties that would be atypical to the 
occupation. 19 
We also observe that the opinion letters froml ~ andD do not adequately illuminate 
what about the proffered position's duties would make them so complex or unique, or specialized and 
complex, so as to require a bachelor's degree in a specific specialty, or its equivalent.~-----~ 
opines the duties are specialized, complex, and require the "theoretical and practical application of an 
advanced highly specialized body of knowledge." He then goes on to describe relevant marketing 
degree coursework that would provide the necessary skills for the position. However, as discussed 
above, his letter neglects to adequately explain the research, evidence, or methodologies he used to 
19 If the position involves the duties of two or more occupations, the Petitioner must select the higher paying occupation. 
See U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised_ 11 _ 2009 .pdf. In this case, the proffered 
position's website management and maintenance duties appear closely related to the "Web Developers" duties of"[d]esign, 
build, or maintain Web sites, using authoring or scripting languages, content creation tools, management tools, and digital 
media," "[w]rite, design, or edit Web page content, or direct others producing content," and "[p]erform or direct Web site 
updates." See Summary Report for 15-1134.00 - Web Developers, O*NET OnLine Archives, 
https://www.onetonline.org/ Archive_ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2021 /link/summary/15-1134.00 (last visited 
Feb. 23, 2021 ). Thus, if the position here combines public relations specialist duties with web developer duties, then the 
Petitioner should have provided an LCA corresponding to SOC code 15-1134.00 for "Web Developers" because a Level 
TI wage for that occupation would be $30.93 per hour, for the same timeframe and location. Whereas, the submitted LCA 
with a Level II prevailing wage for "Public Relations Specialists" is $25.08 per hour. To determine the appropriate 
prevailing wage. see the appropriate location and timeframe on the Online Wage Librmy - FLC Wage Search Wizard. 
Foreign Labor Certification Data Center https://flcdatacenter.com/OESWizardStart.aspx. 
11 
reach his conclusions and is contradicted by evidence elsewhere in the record that similar duties can 
be performed by individuals with a variety of educational backgrounds, including generalized and 
unrelated degrees like business and English . 
.__ _____ _,l's letter, on the other hand, focuses on the Beneficiary's academic qualifications as 
related to the ability to perform the duties. Likewise, the Petitioner also claims that the Beneficiary is 
well-qualified for the position and references her qualifications. However, again, the test to establish 
a position as a specialty occupation is not the education or experience of a proposed beneficiary, but 
whether the position itself requires at least a bachelor's degree in a specific specialty, or its equivalent. 
Thus, whether or not the Beneficiary in this case has completed a specialized course of study directly 
related to the proffered position is irrelevant to the issue of whether the proffered position qualifies as a 
specialty occupation, i.e., whether the duties of the proffered position require the theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a bachelor's degree or higher 
in a specific specialty, or its equivalent. Section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). 
Thus, neither Petitioner nor the professors20 have established the proffered position qualifies under the 
statutory or regulatory definition. Nor has the Petitioner sufficiently described the relative complexity 
or uniqueness, or complexity and specialization, of the duties of the position, such that we could 
conclude that only a specifically degreed individual could perform them. The Petitioner has not 
satisfied the second alternative prong of 8 C.F.R. § 214.2(h)( 4)(iii)(A)(2) or that its proffered position 
is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
Consequently, the Petitioner has not satisfied any of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) 
IV. CONCLUSION 
Upon review of the totality of the evidence submitted, 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. In visa petition proceedings, it is the petitioner's 
burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
20 We have reviewed the information in the record regarding the Beneficiary's degree, including references to degree 
courses that would prepare an individual to perform the duties of the position. However, the opinion letters appear to 
confuse the ability of a person with a marketing degree to perform the duties of the proffered position with a degree 
requirement in order to perform the duties. While inferences may be made that marketing courses such as those taken by 
the Beneficiary may be beneficial in performing certain duties of the position, we disagree with any inference that such a 
degree is required in order to perform the duties of the proffered position. Put simply, stating that a person with a 
bachelor's, or higher degree, in marketing could perform the duties of the proffered position is not the same as stating that 
such a degree is required to perform those duties. 
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