dismissed H-1B Case: Recyclable Material Wholesale

MATTER OF H-USA LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 25,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a recyclable material merchant wholesaler, seeks to temporarily employ the 
Beneficiary as a "market research analyst" under the H-lB nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(I5)(H)(i)(b), 8 U.S.C. 
§I 10l(a)(l5)(H)(i)(b). The H-18 program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the 
specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, denied the petition. The Director concluded that the proffered 
position is not a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred in denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
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 H-USA LLC 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry iri 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 J so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any 
baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed 
position. See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1B petition, the Petitioner stated that the Beneficiary will serve as a "market research 
analyst." When it filed the petition, the Petitioner provided the following job duties for the position: 
• Develop Buy-Sell relationships with China Paper Mill Buyers 
• Coordinate Claim Settlements with China Mills 
• Develop Strategic Alliance Agreements with China Trading Companies 
• Prepare reports of findings, illustrating data graphically and translating complex 
findings into written text. 
• Seek and provide information to help companies determine their position in the 
marketplace. 
• Gather data on competitors and analyze their prices, sales, and method of marketing 
and distribution. 
• Collect and analyze data on customer demographics, preferences, needs, and buying 
habits to identifY potential markets and factors affecting product demand. 
• Devise and evaluate methods and procedures for collecting data, such as surveys, 
opinion polls, or questionnaires, or arrange to obtain existing data. 
• Monitor industry statistics and follow trends in trade literature. 
• Measure and assess customer and employee satisfaction. 
• Measure the effectiveness of marketing, advertising, and communications programs 
and strategies. 
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Matter of H-USA LLC 
• ·Forecast and track marketing and sales trends, analyzing collected data. 
• Attend staff conferences to provide management with information and proposals 
concerning the promotion, distribution, design, and pricing of company products or 
servtces. 
When it filed the petition, the Petitioner stated that the posttton requires a bachelor's degree in 
marketing. In a letter submitted in response to the Director's request for evidence (RFE), the Petitioner 
stated that the position requires a bachelor's degree in business or "the sciences." In a second letter 
submitted in response to the RFE, the Petitioner stated that the position requires a bachelor's degree in 
business or a related field. On appeal, the Petitioner states that the position requires a bachelor's degree 
in market research or a related field, such as business administration. 
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 protiered position qualifies as· a specialty occupation.
1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensuratt; with a specialty occupation.2 
Before analyzing the proffered position under the four criteria described at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A), we will discuss two preliminary findings we have made, both of which 
independently preclude a finding that the position is a specialty occupation. 
First, the Petitioner has stated that a bachelor's degree in business, business administration, or one of 
"the sciences," would adequately prepare an individual to perform the duties of the proffered 
position. However, the requirement of a bachelor's degree in business, business administration, or 
one of the "sciences," is inadequate to establish that a 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 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, business administration, or one of "the sciences," without further specification, 
does not establish the position as a specialty occupation. Cf Matter of Michael Hertz Assocs., 19 
I&N Dec. 558, 560 (Comm'r 1988). To prove that a job requires the theoretical and practical 
application of a body of highly specialized knowledge as required by section 214(i)(l) of the Act, a 
petitioner must establish that the position requires the attainment of a bachelor's or higher degree in 
a specialized field of study or its equivalent. As explained above, USCJS interprets the degree 
requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree in a specific specialty that is directly 
related to the proposed position. USCIS has consistently stated that, although a general-purpose 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 The Petitioner submitted documentation to support the H-1 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. 
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Matter of H-USA LLC 
bachelor's degree, such as a degree in business administration, may be a legitimate prerequisite for a 
particular position, requiring such a degree, without more, will not justify a finding that a particular 
position qualifies for classification as a specialty occupation. Royal Siam Corp. v. Chertof!; 484 
F.3d at 147.3 For this reason alone, the protiered position is not a specialty occupation. 
Second, and on a related note, the Petitioner has also indicated that a wide variety of fields would 
adequately prepare an individual to perform the duties of the proffered position. The Petitioner's 
claimed entry requirement of at least a bachelor's degree in business, business administration, one of 
"the sciences," market research, or a related field, is inadequate to establish that the proposed 
position qualifies as a specialty occupation. 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 such that the required "body of highly specialized knowledge" is essentially an 
amalgamation of these different specialties. Section 214(i)(l )(B) of the Act (emphasis added). 
In other words, 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 providing, again, the evidence of record establishes how each 
acceptable, specific field of study is directly related to the duties and responsibilities of the particular 
position. 
Again, the Petitioner claims that the duties of the proffered positton can be performed by an 
individual with a bachelor~s degree in business, business administration, one of '"the sciences," 4 
3 Specifically, the United States Court of Appeals for the First Circuit explained in Royal Siam that: 
/d. 
The courts and the agency consistently have stated that, although a general-purpose bachelor's degree, 
such as a business administration degree, may be a legitimate prerequisite for a particular position, 
requiring such a degree, without more, will not justifY the granting of a petition for an H-I B specialty 
occupation visa. See, e.g., Tapis /nt 'lv. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000): Shant!, 36 F. 
Supp. 2d at 1164-66; cf Matter of Michael Hertz Assocs., 19 I & &N Dec. 558,560 ([Comm'r]1988) · 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
4 The Petitioner did not indicate whether any particular branch of"the sciences" (e.g., chemistry, geology, meteorology, 
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Matter of H- USA LLC 
market research, or a related field. The issue here is that it is not readily apparent that these fields of 
study are closely related or that business, business administration, market research, or any of "the 
sciences" - e.g., botany, chemistry, zoology, etc. - are directly related to the duties and 
responsibilities of the particular position proffered in this matter. 
Here and as indicated above, the Petitioner, who bears the burden of proof in this proceeding, has not 
established either (I) that business, business administration, market research, or any of "the 
sciences" - e.g., botany, chemistry, zoology, etc., are closely related fields or (2) that the fields of 
business, business administration, market research, or any of "the sciences" - e.g., botany, 
chemistry, zoology, etc. are directly related to the duties and respo,nsibilities of the protTered 
position. 
Therefore, absent evidence of a direct relationship between the claimed degrees required and the 
duties and responsibilities of the position, it cannot be found that the proffered position requires 
anything more than a general bachelor's degree. As explained above, USCIS interprets the degree 
requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree in a specific specialty that is directly 
related to the proposed position. users has consistently stated that, although a general-purpose 
bachelor's degree, such as a degree in business administration, may be a legitimate prerequisite for a 
particular position, requiring such a degree, without more, will not justify a finding that a particular 
position qualifies for classification as a specialty occupation. Royal Siam Corp. v. Chertoff, 484 
F.3d at 147. 
The evidence of record does not establish how these dissimilar fields of study form either a body of 
highly specialized knowledge or a specific specialty, or its equivalent, and the Petitioner asserts that 
the job duties of this particular position can be performed by an individual with a bachelor's degree 
in either, unrelated field. Without more, the Petitioner's statement alone indicates that the proffered 
position is not in fact a specialty occupation. The Director's decision must therefore be affirmed and 
the appeal dismissed on this basis alone. 
Moreover, it also cannot be found that the proffered position qualifies as a specialty occupation as 
the Petitioner has not satisfied any of the supplemental, additional criteria at 8 C.F .R. 
§ 214.2(h)( 4)(iii)(A). 
A. First Criterion 
We tum next to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses. 5 
astronomy, biology, zoology, botany, etc.) would be more useful than another. 
5 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
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Matter of H-USA LLC 
On the labor condi~ion application (LCA) submitted in support of the H-IB petition, the Petitioner 
designated .the proffered position under the occupational category "Market Research Analysts and 
Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.6 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
Education 
Market research analysts typically need a bachelor's degree in market research or a 
related field. Many have degrees in fields such as statistics, math, and computer 
science. Others have backgrounds in business administration, the social sciences, or 
communications. 
Courses in statistics, research methods, and marketing are essential for these workers. 
Courses in communications and social sciences, such as economics or consumer 
behavior, are also important. 
Some market research analyst jobs require a master's degree. Several schools offer 
graduate programs in marketing research, but many analysts complete degrees in 
other fields, such as statistics and marketing, and/or earn a master's degree in 
business administration (MBA). A master's degree is often required for leadership 
positions or positions that perform more technical research. 
Licenses, Certifications, and Registrations 
Certification is voluntary, but analysts may pursue certification to demonstrate a level 
of professional competency. The Marketing Research Association offers the 
Professional Researcher Certification (PRC) for market research analysts. Candidates 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USCIS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfY the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
6 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 perform routine tasks that require limited, if any, exercise of judgment; (2) that he 
will be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he 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 ~II ~2009.pdf. A prevailing wage determination starts 
with an entry level wage and progresses to a h.igher wage level after considering the experience, education, and skill 
requirements of the Petitioner'sjob opportunity. !d. 
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Matter of H-USA LLC 
qualify based on experience and knowledge; they must pass an exam, be a member of 
a professional organization, and have at least 3 years working in opinion· and 
marketing research. Individuals must complete 20 hours of industry-related 
continuing education courses every 2 years to renew their certification. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Market Research Analysts, available at http://www.bls.gov/ooh/business-and-financial/market­
research-analysts.htm#tab-4 (last visited May 24, 20 16). 
When reviewing the Handbook, we must note again that the Petitioner designated the proffered 
position under this occupational category at a Level I on the LCA. Based upon the Petitioner's 
designation of the proffered position as a Level I position (relative to others with the occupation) it 
does not appear that the Beneficiary will serve in a senior or leadership role or in a position that 
performs more technical research that requires a master's degree. 
The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety 
of disparate fields. That is, while the Handbook states that employees typically need a bachelor's 
degree in market research or a related field, it continues by specifying that many market research 
analysts have degrees in fields such as statistics, math, or computer science. According to the 
Handbook, other market research analysts have backgrounds in fields such as business 
administration, the social sciences, or communications. This passage of the Handbook identifies 
various courses as essential to this occupation, including statistics, research methods, and marketing. 
It further elucidates that courses in communications and social sciences (such as economics, 
psychology, and sociology) are also important. Therefore, although the Handbook indicates that 
market research analysts typically need an advanced degree, it also indicates that degrees and 
backgrounds in various fields are acceptable for jobs in this occupation- including computer science 
and the social sciences, as well as statistics and communications. 
As discussed, a minimum entry requirement of a degree in disparate fields, such as philosophy and 
engineering, would not meet the statutory requirement that the degree be "in the specific specialty 
(or its equivalent)," unless the petitioner establishes how each field is directly related to the duties 
and responsibilities of the particular position such that the required body of highly specialized 
knowledge is essentially an amalgamation of these different specialties. Section 214(i)(l )(B) of the 
Act (emphasis added). 
The Handbook also states that "others have a background in business administration." Again, while 
a general-purpose bachelor's degree, such as a degree in business administration, may be a 
legitimate prerequisite for a particular position, requiring such a degree, without more, will not 
justify a finding that a particular position qualifies for classification as a specialty occupation. See 
Royal Siam Corp. v. Chertoff, 484 F.3d at 147. 
That is, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree 
in a specific specialty (or its equivalent) that is directly related to the proposed position. Since there 
must be a close correlation between the required specialized studies and the position, the 
7 
Matter of H- USA LLC 
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 
Associates, 19 I&N Dec. at 558. Therefore, the Handbook's recognition that a general, non­
specialty "background" in business administration is sufficient for entry into the occupation strongly 
suggests that a bachelor's degree in a specific specialty is not normally the minimum entry 
requirement for this occupation. 
The narrative of the Handbook further reports that some employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
market research analysts to achieve the Professional Researcher Certification (PRC), and states that 
candidates qualify based upon their experience and knowledge. According to the Handbook, the 
credential is granted by the Marketing Research Association to those who pass an exam and have at 
least three years of experience working in opinion and market research. 7 
We reviewed the Marketing Research Association's website, which confirms the Handbook's 
statement regarding the requirements for professional certification (i.e., passage of an exam and 
three years of relevant industry experience), and further specifies that the "Education" necessary to 
apply for professional certification is "12 industry-related education hours within the two preceding 
years." The Market Research Association website provides the following information about the 
Professional Researcher Certification program: 
The Professional Researcher Certification program (PRC) is designed to encourage 
the highest standards within the marketing, establish an objective measure of an 
individual's knowledge and proficiency and to encourage professional development. 
PRC is a powerful tool for individual researchers of all levels of work experience and 
education. Certification standards increate consumer understanding of research and 
foster premier professional standards in the profession. 
Market Res. Ass'n, http://www.marketingresearch.org/advance-career/prc (last visited May 24, 
2016). 
In the "frequently asked questions" section, the website further states: 
The benefits of a Certification program are both industry-wide and individual. For the 
individual, it is a means of differentiating oneself, a "badge" of competence in the 
given areas and an assurance that the individual is current in knowledge and 
experience. For the profession/industry as a whole, it provides a vehicle for 
7 The Marketing Research Association website states that the association was founded in 1957 and is the leading and 
largest association of opinion and marketing research professions. For additional information, see 
http://www.marketingresearch.org/about (last visited May 24, 20 16). 
8 
Matter of H-USA LLC 
!d. 
developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. 
The Market Research Association emphasizes that the credentialing program encourages the highest 
standards within the profession, establishes an objective measure of an individual's knowledge and 
proficiency, and encourages professional development. According to the association's website, the 
credential provides an individual "a badge" of competence in the given areas and that the individual 
is current in knowledge and experience. The narrative continues by stating that the credential 
provides a vehicle for developing a pool of well-trained, competent marketing researchers, thereby 
improving both perceived and substantive standards. The website does not indicate that the market 
research analyst positions have any particular academic requirements for entry, nor does it indicate 
that these positions require any particular level of education to be identified as qualified and 
possessing a level of expertise/competence. In fact, it states that PRC is "a powerful tool for 
individual researchers of all levels of work experience and education." 
Thus, the Handbook and the Market Research Association website do not support the claim that the 
occupational category "Market Research Analysts" is one for which normally the minimum 
requirement for entry is a baccalaureate degree (or higher) in a specific specialty, or its 
equivalent. Even if it did (which it does not), to satisfy the first criterion, the Petitioner must provide 
evidence to support a finding that the particular position proffered would normally have such a 
minimum, specialty degree requirement or its equivalent. 
In the appeal, the Petitioner cites to a recent district court case, Raj and Company v. US. Citizenship 
and Immigration Services, 85 F. Supp. 3d 1241 (W.D. Wash. 2015), and claims that it is relevant 
here. 8 In the district court case, the employer designated the position as a "Marketing Analyst & 
Specialist" position.9 We reviewed the decision; however, there is no indication that aspects of the 
work such as the duties and responsibilities, level of judgment, complexity of the job duties, 
supervisory duties, independent judgment required or the amount of supervision received are 
analogous to the proffered position here.10 Accordingly, aside from the claimed job title and 
occupational category, there is no indication that the positions are similar. 
8 In contrast to the broad precedential authority of the case law of a United States circuit court, we are not bound to 
follow the published decision of a United States district court in matters arising even within the same district. See Matter 
ofK-S-, 20 I&N Dec. 715 (BIA 1993). Although the reasoning underlying a district judge's decision will be given due 
consideration when it is properly before us, the analysis does not have to be followed as a matter oflaw. !d. at 719. 
9 It is important to note and distinguish within the court's decision that "Marketing Analyst & Specialist" refers to the 
employer's particular position, whereas "Market Research Analysts" refers to a general occupational category. 
10 We note that the service center director's decision was not appealed to our office. Based on the district court's 
findings and description of the record, if that matter had first been appealed through the available administrative process, 
we may very well have remanded the matter to the service center for a new decision in our de novo review of the matter. 
9 
Matter of H- USA LLC 
Further, in Raj, the court stated that a specialty occupation requires the attainment of a bachelor's 
degree or higher in a specific specialty, or its equivalent. The court confirmed that this issue is well­
settled in case law and with USCIS's reasonable interpretation of the regulatory framework. In the 
decision, the court noted that "permitting an occupation to qualify simply by requiring a generalized 
bachelor degree would run contrary to congressional intent to provide a visa program for specialized, 
as opposed to merely educated, workers." The court stated that the regulatory provisions do not 
restrict qualifying occupations to those for which there exists a single, specifically tailored and titled 
degree program; but rather, the statute and regulations contain an equivalency provision. 11 
In Raj, the court concluded that the employer met the first criterion. We must note, however, that 
the court stated that "[t]he first regulatory criterion requires the agency to examine the generic 
position requirements of a market research analyst in order to determine whether a specific 
bachelor's degree or its equivalent is a minimum requirement for entry into the profession." Thus, 
the decision misstates the regulatory requirement. That is, the first criterion requires a petitioner to 
establish that a baccalaureate or higher degree (in a specific specialty) or its equivalent is normally 
the minimum requirement for entry into the particular position. 
Consequently, if the court meant to suggest that any position classified under the occupational 
category "Market Research Analysts" would, as it stated, "come within the first qualifying criteria" -
we must disagree.12 The occupational category designated by a petitioner is considered as an aspect 
in establishing the general tasks and responsibilities of a proffered position, and USCIS regularly 
reviews the Handbook on the duties and educational requirements of the wide variety of occupations 
that it addresses. However, to satiszy the first criterion, the burden of proof remains on the petitioner to 
submit sufficient evidence to support a finding that its particular position would normally have a 
minimum, specialty degree requirement or its equivalent for entry. That is, to determine whether a 
particular job qualifies as a specialty occupation, USCIS does not simply rely on a position's title or 
designated occupational category. The specific duties of the proffered position, combined with the 
nature of the petitioning entity's business operations, are factors to be considered. USCIS must 
examine the ultimate employment of the beneficiary, and determine whether the position qualifies as 
a specialty occupation. See generally Defensor v. Meissner, 201 F.3d at 384. 
Nevertheless, it is important to note that the court in Raj determined that the evidence in the record 
demonstrated that the particular position proffered required a bachelor's degree in market research or 
its equivalent as a minimum for entry. Further, the court noted that "[t]he patently specialized nature 
11 We agree with the court that a specialty occupation is one that requires the attainment of a bachelor's or higher degree 
in a specific specialty or its equivalent. We further note that a petitioner must also demonstrate that the position requires 
the theoretical and practical application of a tiody of highly specialized knowledge in accordance with section 
214(i)(I)(B) of the Act and 8 C.F.R. § 214.2(h)(4)(ii), and satisfY one of the four criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A). 
12 In Raj, the court quoted a brief excerpt rrom the Handbook; however, the quotation is from the 2012-2013 edition 
rather than the current 2016-2017 edition (which contains several revisions). Further, we observe that the court did not 
address the section of the Handbook indicating that there are no specific degree requirements to obtain the Professional 
Researcher Certification credential - and therefore to work as a market research analyst. 
10 
Matter of H-USA LLC 
of the position sets it apart from those that merely require a generic degree." The position in Raj 
can, therefore, be distinguished from the instant position. Here, the duties and requirements of the 
position as described in the record of proceeding do not indicate that this particular position 
proffered by the Petitioner is one for which a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is normally the minimum requirement for entry. 
The Petitioner also cites to Residential Fin. Corp. v. US. Citizenship & Immigration Services, 839 F. 
Supp. 2d 985 (S.D. Ohio 2012) as relevant here. As in Raj, the H-IB petition in Residential Fin. 
Corp. was never appealed to our office through the available administrative process. Nevertheless 
we note that the district judge's decision in Residential Fin. Corp. appears to have been based 
largely on the many factual errors made by the service center in its decision denying the petition. 
Had we been afforded the opportunity to do so, based on that court's findings, we may very well 
have remanded the matter to the service center for a new decision for many of the same reasons 
articulated by the district court if these errors could not have been remedied by our de novo review 
of the matter. It is important to note that in a subsequent case that was reviewed in the same 
jurisdiction, the court agreed with our analysis of Residential Fin. Corp. See Health Carousel, LLC 
v. US. Citizenship & Immigration Services, No. 1:13-CV-23, 2014 WL 29591 (S.D. Ohio 2014). 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the ':degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional association has made a degree a minimum entry requirement; and whether 
letters or affidavits from firms or individuals in the industry attest that such firms "routinely employ 
and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D.Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) reports an industry-wide requirement 
II 
MatterofH-USA LLC 
for at least a bachelor's degree in a specific specialty or its equivalent. Thus, we incorporate by 
reference the previous discussion on the matter. In addition, there are no submissions from the 
industry's professional association indicating that it has made a degree a minimum entry requirement. 
Furthermore, the Petitioner did not submit any letters or affidavits from similar firms or individuals in 
the Petitioner's industry attesting that such firms "routinely employ and recruit only degreed 
individuals." 
The record contains several job vacancy announcements submitted as evidence for consideration under 
this prong. However, they do not establish eligibility under this prong, as they do not establish that a 
requirement for a bachelor's degree in a specific specialty, or the equivalent, is common to the industry 
in parallel positions among similar organizations. First, the Petitioner did not provide any independent 
evidence of how representative these job vacancy advertisements are of the particular advertising 
employers' recruiting history for the type of jobs advertised. Further, as they are only solicitations for 
hire, they are not evidence of the employers' actual hiring practices. 
We note further that none of the job vacancy arrnouncements appear to have been placed by companies 
that conduct business in the Petitioner's industry. Without such evidence, job vacancy announcements 
are generally outside the scope of consideration for this criterion, which encompasses only similar 
organizations within the Petitioner's industry. 
Moreover, the descriptions of responsibilities in the advertisements are generally perfunctory and do not 
provide sufficient information to determine the role the successful applicant will play in the advertising 
organization or the level of responsibility that will be required of the successful applicant. It is therefore 
not clear that the job vacancy announcements involve positions "parallel" to the one proffered by the 
Petitioner. 
Also, we note that one of the organizations would find acceptable a bachelor's degree in any field. As 
discussed, USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a 
degree in a specific specialty that is directly related to the position. 
Finally, even if all of the job vacancy announcements advertised parallel positions at organizations 
similar to the Petitioner and in the Petitioner's industry and required a minimum of a bachelor's degree 
in a specific specialty or its equivalent, the Petitioner has not demonstrated what statistically valid 
inferences, if any, could be drawn from the arrnouncements provided with regard to the common 
educational requirements for entry into parallel positions in similar organizations. 
13 
13 USCIS "must examine each piece of evidence for relevance, probative value, and credibility, both individually and 
within the context of the totality of the evidence, to detennine whether the fact to be proven is probably true." Maller of 
Chawathe, 25 l&N Dec. 369,376 (AAO 2010). As just discussed, the Petitioner has not established the relevance of the 
job advertisements submitted to the position proffered in this case. Even if their relevance had been established, the 
Petitioner still would not have demonstrated what inferences, if any, could be drawn rrom these few job postings with 
regard to determining the common educational requirements for entry into parallel positions in similar organizations. in 
the same industry. See generally Earl Babbie, The Practice of Social Research 186-228 (1995). 
12 
Matter of H- USA LLC 
Thus, the Petitioner has not satisfied the first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other market research analyst positions that can be performed by persons without 
at least a bachelor's degree in a specific specialty, or its equivalent. 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position, as described, necessitates the theoretical and 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather, 
we find, that, as reflected in this decision's earlier quotation of duty descriptions from the record of 
proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the "Market Research Analysts" occupational category, which, the Handbook 
indicates, do not necessarily require a person with at least a bachelor's degree in a specific specialty 
or its equivalent to enter those positions. 
More specifically, the Petitioner has not demonstrated how the duties described require the 
theoretical and practical application of a body of highly specialized knowledge such that a bachelor's 
or higher degree in a specific specialty, or its equivalent, is required to perform them. For instance, 
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 of the 
proffered position. While related courses may be beneficial, or even essential, in performing certain 
duties of a continuous quality improvement supervisor position, the Petitioner has not demonstrated 
how an established curriculum of such courses leading to a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is required to perform the duties of the proffered position. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary would perform only 
moderately complex tasks that require only limited judgment. Without further evidence, the 
evidence does not demonstrate that the proffered position is complex or unique as such a position 
falling under this occupational category would likely be classified at a higher-level, such as a Level 
III (experienced) or Level IV (fully competent) position, requiring a significantly higher prevailing 
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MatterofH-USA LLC 
wage. 14 For example, a Level IV (fully competent) position is designated by DOL for employees 
who "use advanced skills and diversified knowledge to solve unusual and complex problems." The 
evidence of record does not establish that this position is significantly different from other positions 
in the occupational category such that it refutes the Handbook's information that a bachelor's degree 
in a specific specialty, or its equivalent is not required for the proffered position. 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references his 
qualifications. However, 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. The Petitioner did not sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position, and it did not identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. 
Accordingly, the Petitioner has not satisfied the second alternative prong of 8 C.P.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.P.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. The 
Petitioner, however, has not claimed eligibility under this criterion. Nor has it submitted evidence 
for our consideration under this criterion. We therefore find that the Petitioner has not satisfied the 
criterion at 8 C.P.R.§ 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.P.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. 
Relative specialization and complexity have not been sufficiently developed by the Petitioner as an 
aspect of the proffered position's duties. In other words, the proposed duties have not been 
described with sufficient specificity to show that their nature is more specialized and complex than 
market research analyst positions whose duties are not of a· nature so specialized and complex that 
14 The issue here is that the Petitioner's designation of this position as a Level I position undennines its claim that the 
position is particularly complex, specialized, or unique compared to other positions within the same 
occupation. Nevertheless, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent, for entry. Similarly, 
however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty occupation if that 
higher-level position does not have an entry requirement of at least a bachelor's degree in a specific specialty or its 
equivalent. That is, a position's wage level designation may be a consideration but is not a substitute for a detennination 
of whether a proffered position meets the requirements of section 214(i)( I) of the Act. 
14 
Matter of H- USA LLC 
their performance requires knowledge usually associated with a degree in a specific specialty. In 
reviewing the record of proceeding under this criterion, we reiterate our earlier discussion regarding 
the Handbook's findings for positions located within the "Market Research Analysts" occupational 
category. Again, the Handbook does not indicate that a bachelor's degree in a specific specialty, or 
the equivalent, is a standard, minimum requirement to perform the duties of such positions (to the 
contrary, it indicates precisely the opposite), and the record indicates no factors that would elevate 
the duties proposed for the Beneficiary above those discussed for similar positions in the Handbook. 
With regard to the specific duties of the position proffered here, we find that the record of 
proceeding Jacks sufficient, credible evidence establishing that they are so specialized and complex 
that the knowledge required to perform them is usually associated with the attainment of a 
bachelor's degree in a specific specialty, or the equivalent. 
We also incorporate our earlier discussion and analysis regarding the duties of the proffered position, 
and the designation of 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. The Petitioner has not 
demonstrated in the record that its proffered position is one with duties sufficiently specialized and 
complex to satisfy 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not 
demonstrated that the proffered position qualifies as a specialty occupation. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter o[Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofH-USA LLC, ID# 17273 (AAO May 25, 2016) 
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