dismissed H-1B Case: Retail

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-T-S-F- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 27,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a clothing store, seeks to temporarily employ the Beneficiary as an "administrative 
services manager" under the H -1 B nonimmigrant classification for specialty occupations. See 
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-1B program allows a U.S. employer to temporarily employ a 
qualified foreign worker in a position that requires both (a) the theoretical and practical application 
of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in 
the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, denied the petition. The Director concluded that the position 
offered to the Beneficiary does not qualify as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits evidence previously 
submitted with the initial petition and in response to the Director's request for evidence (RFE), and 
asserts that the Director erred in finding that the proffered position is not a specialty occupation. 
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 J-T-S-F- 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 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). 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. Cherto.ff, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1B petition, the Petitioner stated that the Beneficiary will serve as an "administrative 
services manager." In response to the RFE, the Petitioner provided the following job duties for the 
position, along with the approximate percentage of time the Beneficiary will spend on each duty 
(verbatim): 1 
• Maintain accounts receivable, accounts payable and financial reports (as required 
by owners) - 20% (accounting) 
• Manage company's website and all of its functions 20% (computer software) 
• Communicate with customers regarding their quotes, contracts, orders, payments, 
etc. - 15% (business) 
• Keep track of inventory (via computer system) and after consulting with owners 
place inventory orders and ensure their timely delivery - 10% (computer 
software, management) 
• Payroll and related employee reporting requirements - 10% (accounting) 
• Assist with hiring employees. This process includes completing all of the 
required paper work for J ~ 1 visas and communicating with foreigners seeking 
employment (a large number of whom are from Russia). She will also be the 
1 The Petitioner explained that the information given in parentheses (after each percentage of time) refers to the 
coursework the Beneficiary has taken which directly relate to each function. 
2 
(b)(6)
Matter of J-T-S-F- LLC 
point of contact for these employees prior to their arrival in the U.S. -(providing 
them with required government documents, training packet, information about job 
and etc.)- 5% (human resources) 
• Create and maintain training and procedures manuals- 2.5% (human resources) 
• Develop a business plan for future growth. Once approved, monitor 
progress and 
adjust accordingly on an ongoing basis.- 2.5% (budgeting) 
• Develop and maintain an advertising strategy. Research similar businesses and 
continually adjust company's approach in response to the market and customer 
base.- 2.5% (economics) 
• Research potential products and product development as needed - 2.5% 
(economics) 
• Understand and monitor profit and loss in both the retail and wholesale sides of 
the business. 5% (finance) 
• Maintain sales and expense ledgers for management review.- 5% (accounting) 
According to the Petitioner, the position requires a bachelor's degree in human resources 
management, economics, business, or management. 
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 satisfies any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) and, therefore, qualifies as a specialty occupation.2 Specifically, the record 
does not establish that the job duties require an educational background, or its equivalent, 
commensurate with a specialty occupation. 3 
As a preliminary matter, we find that the Petitioner's claim that a bachelor's degree in business is a 
sufficient minimum requirement for entry into the proffered position is inadequate to establish that 
the proposed position qualifies as a specialty occupation. A petitioner must demonstrate that the 
proffered position requires a precise and specific course of study that relates directly and closely to 
the position in question. Since there must be a close correlation between the required specialized 
studies and the position, the requirement of a degree with a generalized title, such as business, 
without further specification, does not establish the position as a specialty occupation. C.f Matter of 
Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988), Royal Siam Corp. v. Chertoff, 484 
F.3d at 147.4 
2 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
3 The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position. While we may not discuss every document submitted, we have reviewed and considered each one. 
4 Specifically, the court explained in Royal Siam v. Chertoff, 484 F.3d at 147, that: 
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-1 B specialty 
3 
Matter of J-T-S-F- LLC 
Again, the Petitioner in this matter claims that the duties of the proffered position can be performed 
by an individual with only a general-purpose bachelor's degree, i.e., a bachelor's degree in business. 
Without more, this assertion alone indicates that the proffered position is not in fact a specialty 
occupation. 5 
A. First Criterion 
Nevertheless, for the purpose of performing a comprehensive analysis of whether the proffered 
position qualifies as a specialty occupation, we now tum to the criterion at 8 C.P.R. 
§ 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is normally the minimum requirement for entry into the particular position. To 
inform this inquiry, we recognize the 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. 6 
On the labor condition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Administrative Services 
Managers" corresponding to Standard Occupational Classification code 11-3011 at a Level I wage.7 
occupation visa. See, e.g., Tapis lnt'lv. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000); Shanti, 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. 
5 A general degree requirement does not necessarily preclude a proffered position from qualifying as a specialty 
occupation. For example, an entry requirement of a bachelor's or higher degree in business administration with a 
concentration in a specific field, or a bachelor's or higher degree in business administration combined with relevant 
education, training, and/or experience may, in certain instances, qualify the proffered position as a specialty 
occupation. In either case, it must be demonstrated that the entry requirement is equivalent to a bachelor's or higher 
degree in a specific specialty that is directly related to the proffered position. See Royal Siam Corp. v. Chertoff, 484 F.3d 
at 147. 
6 All of our references are to the 2016-17 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USC IS 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. 
7 We will consider the Petitioner's classification of the proffered position at a Level I wage level (the lowest of four 
assignable wage levels) in our analysis of the position. The "Prevailing Wage Determination Policy Guidance" issued by 
the DOL provides a description of the wage levels. A Levell 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 she 
will be closely supervised and her work closely monitored and reviewed for accuracy; and (3) that she will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
4 
Matter of J-T-S-F- LLC 
The Handbook subchapter entitled "How to Become an Administrative Services Manager" states in 
pertinent part: "A bachelor's degree is typically required for someone to become an administrative 
services manager. However, some jobseekers may be able to enter the occupation with a high school 
diploma. Those with a bachelor's degree typically study business, engineering, facility management, 
or information management." 8 The Handbook also states that "[e]ducational requirements vary by 
the type of organization and the work performed. "9 
While this passage of the Handbook reports that a bachelor's degree is typically required for 
administrative services manager positions, it does not report that the bachelor's degree must be in 
any particular specialty. Instead, the Handbook reports that typical degree requirements "vary," and 
may be in a wide range of fields including the general field of business. 10 The Handbook also 
indicates that a high school diploma may be sufficient. Thus, the Handbook does not establish that 
normally the minimum requirement for entry into these positions is at least a bachelor's degree in a 
specific specialty, or its equivalent. The Petitioner has not submitted probative evidence to satisfy 
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 
contemplates 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. 
http:/ !flcdatacenter. com/ down I oad/N PWH C _Guidance_ Revised _I I_ 2009. pdf A preva iIi ng wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. I d. 
8 For additional information regarding the occupational category "Administrative Services Managers," see U.S. Dep't of 
Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., "Administrative Services Managers," 
http://www.bls.gov/ooh/management/print/administrative-services-managers.htm (last visited Apr. 25, 20 16). 
9 !d. 
10 As previously discussed, a general degree requirement in the field of business, without further specification, does not 
establish a position as a specialty occupation. Royal Siam Corp. v. Cherto.ff, 484 F.3d at 147. Cf Matter of Michael 
Hertz Assocs., 19 I&N Dec. at 560. 
5 
Matter of J-T-S-F- LLC 
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)). 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook, or another authoritative source, reports a requirement for at least a bachelor's degree 
in a specific specialty, or its equivalent. We incorporate by reference the previous discussion on the 
matter. Also, there are no submissions from the industry's professional association indicating that it 
has made a degree a minimum entry requirement. 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." 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 support of its assertion that the proffered positiOn qualifies as a specialty occupation, the 
Petitioner submitted a description of the proffered position and information regarding its business 
operations, including a copy of its income tax return for 2014, printouts from its website, and its 
2014 buyer's guide. On appeal, the Petitioner asserts that the position includes complex duties such 
as financial activities, managing the company's website, and researching products. 
However, these brief explanations of the proffered position and its constituent job duties are 
inadequate to establish how the position is so complex or unique that it can be performed only by an 
individual with at least a bachelor's degree in a spec?fic specialty, or its equivalent. For instance, the 
Petitioner has not adequately explained how the position's duties involving preparation of 
unspecified financial reports, maintenance of accounts payable and receivable, and payroll 
processing (which cumulatively comprise 20% of the Beneficiary's time) can only be performed by 
someone with at least a bachelor's degree in a speclfzc specialty, or its equivalent. 11 Moreover, the 
Petitioner has not adequately explained how the position's duty of maintaining the company's 
website (which comprises another 20% of the Beneficiary's time) reflects a requirement of a 
bachelor's degree in a specific specialty that is directly related to this and the other duties of the 
proffered position, or its equivalent. See Royal Siam Corp. v. Chertoff, 484 F.3d at 147 (describing 
11 The Petitioner has not submitted evidence to support its characterization of these duties as "accounting activities." 
Matter of J-T-S-F- LLC 
"a degree requirement in a specific specialty" as "one that relates directly to the duties and 
responsibilities of a particular position"). 
Furthermore, the Petitioner designated the proffered position as an entry-level position within the 
occupational category (by selecting a Level I wage on the LCA). This designation, when read in 
combination with the Petitioner's job description and the Handbook's account of the requirements 
for this occupation, further suggests that the particular position is not so complex or unique that the 
duties can only be performed an individual with bachelor's degree or higher in a specific specialty, 
or its equivalent. 
In the letter of support, the Petitioner claimed that the Beneficiary is well-qualified for the position, 
and references her qualifications and related coursework. 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. While a 
few related courses may be beneficial in performing certain duties of the position, the Petitioner has 
not demonstrated how an established curriculum of such courses is required. 
As the Petitioner has not sufficiently developed relative complexity or uniqueness as an aspect of the 
duties of the position, the Petitioner has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
Evidence provided in support of this criterion may include, but is not limited to, documentation 
regarding the Petitioner's past recruiting and hiring practices, as well as information regarding 
employees who previously held the position. 12 
The Petitioner, which was established in 2003 (approximately 12 years prior to the filing of the 
H-lB petition), stated that it has 1 full-time employee, 2 working owners, and 30-40 seasonal 
employees. The Petitioner explained that the wife of the director of operations previously performed 
the proffered duties, and submitted evidence of her academic credentials. The Petitioner states that 
the "degree requirement has been the norm for Petitioner for more than one (1) year." 
12 To merit approval of the petition under this criterion, the record must also establish that a petitioner's imposition of a 
degree requirement is not a matter of preference for high-caliber candidates but is necessitated by performance 
requirements of the position. While a petitioner may assert that a proffered position requires a specific degree, that 
statement alone without corroborating evidence cannot establish the position as a specialty occupation. Were USCIS 
limited solely to reviewing the Petitioner's claimed self-imposed requirements, then any individual with a bachelor's 
degree could be brought to the United States to perform any occupation as long as the Petitioner created a token degree 
requirement, whereby all individuals employed in a particular position possessed a baccalaureate or higher degree in the 
specific specialty, or its equivalent. See Defensor v. Meissner, 201 F.3d at 388. 
Matter of J-T-S-F- LLC 
Without additional information and evidence regarding the total number of people the Petitioner has 
employed to serve in the proffered position throughout its operational history, however, we cannot 
determine how representative the Petitioner's statements regarding this individual is of the 
Petitioner's normal recruiting and hiring practices for the position. That is, we cannot find the 
Petitioner's employment practice for the past year to be representative of its employment practices 
throughout its entire 12-year history. See generally Earl Babbie, The Practice of Social Research 
186-228 (7th ed. 1995). 
Moreover, the Petitioner did not provide the job duties and day-to-day responsibilities for this 
individual. The Petitioner also did not submit any information regarding the complexity of her job 
duties, supervisory duties (if any), independent judgment required or the amount of supervision 
received. Accordingly, it is unclear whether the duties and responsibilities of this individual was the 
same or similar to the proffered position. Without more, the Petitioner has not provided sufficient 
evidence to establish that it normally requires at least a bachelSr's degree in a specific specialty, or 
its equivalent, for the proffered position. Therefore, it has not satisfied the third criterion of 8 C.P.R. 
§ 214.2(h)( 4)(iii)(A). 13 
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. 
While the Petitioner provided a more detailed job description in response to the RFE, the description 
does not establish that the duties are more specialized and complex than positions that are not 
usually associated with at least a bachelor's degree in a specific specialty, or its equivalent. We 
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. 14 The Petitioner has not 
13 In its RFE response, the Petitioner also referred to the aunt of the director of operations, who is purportedly a certified 
public accountant and "has been helping out with the financial aspects of the business." The Petitioner did not provide 
further information and evidence regarding this individual's claimed qualifications and job duties, and does not mention 
her on appeal. Additionally, the Petitioner submitted copies of the foreign degrees of its two owners. However, the 
Petitioner does not claim that its two owners perform or have performed the duties of the proffered position. Therefore, 
we will not further consider the Petitioner's statements and evidence regarding these individuals' qualifications. 
14 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is 
particularly complex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a 
Level I wage-designation does not preclude a proffered position rrom classification as a specialty occupation, just as a 
Level IV wage-designation does not definitively establish such a classification. In certain occupations'( e.g., doctors or 
lawyers), a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty, or 
its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies 
as a specialty occupation ifthat higher-level position does not have an entry requirement of at least a bachelor's degree 
in a specific specialty, or its equivalent. That is, a position's wage-level designation may be a relevant factor but is not 
Matter of J-T-S-F- LLC 
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 ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-T-S-F- LLC, ID# 16839 (AAO May 27, 2016) 
itself conclusive evidence that a proffered position meets the requirements of section 214(i)(I) of the Act. 
9