dismissed H-1B Case: Retail Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 7- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 13, 2017 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a retail clothing company with two employees, seeks to temporarily employ the 
Beneficiary as a part-time "general manager" under the H-1B 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 of the Vermont Service Center denied the Form 1-129, Petition for a Nonimmigrant 
Worker, concluding that the Petitioner did not establish that the job qualifies as a specialty 
occupation. 
On appeal, the Petitioner submits additional evidence and claims that the proffered position qualifies 
as a specialty occupation. Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the'Act, 8 U.S.C. § 1184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: · 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
Matter of 7- Inc. 
(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 have 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 
On the H-IB petition, the Petitioner stated that the Beneficiary will serve as a part-time general 
manager. The Petitioner provided the following duties for the proffered position: 1 
1. General Operations (20% of his time) 
I 
Completes store operational requirements by scheduling and ass1gnmg employees; 
following up on work results. 3% 
Maintains store staff by recruiting, selecting, orienting, and training employees. 3% 
Secures merchandise by implementing security systems and measures. 2% 
Protects employees and customers by providing a safe and clean store environment; to 
obtain that goal, the Manager has the authority among others to direct employees to clean 
or select a cleaning service. 3% 
Achieves financial objectives by preparing an annual budget; scheduling expenditures; 
analyzing variances; initiating corrective actions. 3% 
Maintains operations by initiating, coordinating and enforcing program, operational and 
personnel policies and procedures. 3% 
1 We reviewed the entire record; however, we have not included the Petitioner's description of the Beneficiary's 
qualifications for the listed duties. USCIS is required to first determine whether the proffered position qualifies for 
classification as a specialty occupation, and second, whether the Beneficiary was qualified for the position at the time the 
nonimmigrant visa petition was filed. Cf Matter of Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988). The 
Beneficiary's qualifications are relevant to whether or not he is qualified for the position - not whether or not the 
proffered position is a specialty occupation. 
2 
Matter of 7- Inc. 
Knowledge needed: Administration and Management - Knowledge of business and 
management principles involved in strategic planning, resource allocation, human 
resources modeling, leadership technique, production methods, and coordination of 
people and resources. 
Personnel and Human Resources- Knowledge of principles and procedures for personnel 
recruitment, selection, training, compensation and benefits, labor relations and 
negotiations and personnel inforrilation systems. 
2. Marketing Management (25%) 
Determines marketing strategies, promotion strategies and pricing strategies based on 
data collected on customer shopping behavioral preference, fashion trend by using 
surveys, opinion polls, questionnaires, existing data or observational statistic data, 
illustrate analyzed result graphically according to living locations, the range of age, 
family annual income, etc. 5% 
Determines marketing strategy changes by reviewing operating and financial statements 
and store sales records. 2% 
Make arrangements to provide support for online marketing events and local tradeshows 
as required. 2% · 
Determine in creating various marketing materials such as newsletters, we~site new 
updates, distributed flyers, etc. 3% 
Develop seasonal schedules for launching and trade catalog, help sales to build sales 
conference schedules to connect with partners to improve cooperation. 4% 
Explore different medial channels to increase [the company's] products in media, such as 
publishing promotional articles in magazines, journals and newspapers, or advertising on 
fashion blogs or related social media. 4% 
Markets merchandise by studying advertising, sales promotion, and display plans; 
analyzing operating and financial statements for profitability rations. 5% 
Knowledge needed: Sales and Marketing - Knowledge or principles and methods for 
showing, promoting, and selling products or services. This includes marketing strategy 
and tactics, product demonstration, sales techniques, and sales control systems 
3. Product Management (25%) 
Ensure availability of merchandise and services by approving contracts; continuously 
review our inventory and sales and adjust our inventory levels accordingly including 
ordering receiving, price changes, handling damaged products, and returns. 6% 
Analyze the demand for products and service offered by the current supplier, ensure the 
promotion strategies are most up-to-date, and distribution channels are effective; if the 
demand for products are not available in current supplier, generate corporation 
(profit/supply model) plan in order for future representation. 7% 
Based on the demand for product, narrow the brands of future strategic partnership 
development; understand the company clients' need and match the service we can offer; 
3 
Matter of7- Inc. 
analyze the benefit we can bring to the new client, and provide feasible marketing 
development strategies. 6 % 
Formulates pricing policies by reviewing merchandising activities; determining 
additional needed sales promotion; authorizing clearance sales, studying trends. 6% 
Knowledge needed: Production and Processing - Knowledge or raw material, production 
processes, quality control, costs, and other techniques for maximizing the effective 
manufacture and distribution of goods. 
4. Brand Management (15%) 
Identifies current and future customer requirements by establishing rapport with potential 
and actual customers and other persons in a position to understand service requirements. 
6% 
Maintains the stability and reputation of the store by complying with legal requirements. 
5% 
Be active with various social media outlets and help [the company] enhance brand image 
and recognition through different social media channels. 4% 
Knowledge needed: Administration and Management - Knowledge of principles and 
methods for showing, promoting, and selling products or services. This includes 
marketing strategy and tactics, product demonstration, sales techniques, and sales control 
systems. 
5. Team Development (15%) 
Maintains professional and technical knowledge by attending educational ··workshops; 
reviewing professional publications; establishing personal networks; participating in 
professional societies. 1 0% 
Facilitating staff learning training, and development. 5% 
Knowledge needed: Personnel and Human Resources - Knowledge or principles and 
procedures for personnel recruitment, selection, training, compensation and benefits, 
labor relations and negotiation, and personnel information systems. 
According to the Petitioner, the position requires a bachelor's or higher degree in business, such as 
business administration or management. The Petitioner further stated that it would prefer an 
individual who also possesses two years of experience. 
III. ANALYSIS 
On appeal, the Petitioner asserts that the Director erred in concluding that the proffered position did 
not qualify as a specialty occupation, and claims that it meets the definition based on three 
regulatory criteria. The record, however, does not establish that the proffered position qualifies as a 
4 
Matter of 7- Inc. 
specialty occupation. Specifically, the Petitioner has not demonstrated that the job duties require an 
educational background, or its equivalent, commensurate with a specialty occupation.2 
A. Degree in a Specific Specialty 
On appeal, the Petitioner claims that a degree in a specialized field is not required for a specialty 
occupation. We disagree. More specifically, we note that 8 C.F.R. § 214.2(h)(4)(iii)(A) must 
logically be read together with section 214(i)(l) of the Act and 8 C.F .R. § 214.2(h)( 4 )(ii). In other 
words, this regulatory language must be construed in harmony with the thrust of the related 
provisions and with the statute as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 
(1988) (holding that construction of language which takes into account the design of the statute as a 
whole is preferred); see also COlT Independence Joint Venture v. Fed. Sav. and Loan Ins. Corp., 
489 U.S. 561 (1989); Matter of W-F-, 21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 
8 C.F.R. § 214.2(h)(4)(iii)(A) should logically be read as being necessary but not necessarily 
sufficient to meet the statutory and regulatory definition of specialty occupation. To otherwise 
interpret this section as stating the necessary and sufficient conditions for meeting the definition of 
specialty occupation would result in particular positions meeting a condition under 8 C.F .R. 
§ 214.2(h)(4)(iii)(A) but not the statutory or regulatory definition. See Defensor v. Meissner, 
201 F.3d 384, 387 (5th Cir. 2000). To avoid this result, 8 C.F.R. § 214.2(h)(4)(iii)(A) must therefore 
be read as providing supplemental criteria that must be met in accordance with, and not as 
alternatives to, the statutory and regulatory definitions of specialty occupation. 
As such and consonant with section 214(i)(l) of the Act and the regulation at 8 C.F .R. 
§ 214.2(h)(4)(ii), we have 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 proffered 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"). Applying this standard, 
U.S. Citizenship and Immigration Services (USCIS) regularly approves H-lB petitions for qualified 
individuals who are to be employed as engineers, computer scientists, certified public accountants, 
college professors, and other such occupations. These professions, for which petitioners have 
regularly been able to establish a minimum entry requirement in the United States of a baccalaureate 
or higher degree in a specific specialty, or its equivalent, direc.tly related to the duties and 
responsibilities of the particular position, fairly represent the types of specialty occupations that 
Congress contemplated when it created the H-lB visa category. 
To determine whether a particular job qualifies as a specialty occupation, we do not simply rely on a 
position's title. The specific duties of the proffered position, combined with the nature of the 
petitioning entity's business operations, are factors to be considered. We must examine the ultimate 
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. 
5 
Matter of7- Inc. 
employment of the individual, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor, 201 F. 3d 384. The critical element is not the title of the 
position or an employer's self-imposed standards, but whether the position actually 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 as the minimum for entry into the 
occupation, as required by the Act. 
Therefore, we disagree with the Petitioner's claim that a degree in a specific specialty is not required 
for H-1B approval. 
B. Business Operations 
The Petitioner stated that the company has two employees, including the owner/president. It is 
reasonable to assume that the size or scope of an employer's business has, or could have, an impact 
on the duties of a particular position. See EG Enterprises, Inc. d/b/a/ Mexican Wholesale Grocery v 
Department of Homeland Security, 467 F. Supp. 2d 728 (E.D. Mich. 2006). Thus, the size of a 
petitioner may be considered as a component of the nature of the petitioner's business, as the size 
impacts upon the duties of a particular position. 
In matters where a petitioner's business is relatively small, USCIS reviews the record for evidence 
that its operations, are, nevertheless, of sufficient complexity to indicate that it has H -1 B caliber 
work for the Beneficiary. Additionally, when a petitioner employs relatively few people, it may be 
necessary for the petitioner to establish how a beneficiary will be relieved from performing non­
qualifying duties. 
In response to the Director's request for evidence on this issue, the Petitioner stated that the 
owner/president plans to expand the business and she does not have the time to run the store(s), nor 
does she have the relevant expertise to manage the business. According to the Petitioner, the 
owner/president "does not vest in maintaining the daily operation of a specific business." To relieve 
the Beneficiary from performing nonqualifying functions, the Petitioner states that the Beneficiary 
will recruit new employees to assist him. 
On appeal, the Petitioner claims that the president's "interests lie in opening more stores" and that 
she is "discussing and negotiating some business in order to open more stores and expand the 
business" and "considering open[ing] an online store." While the Petitioner reports that it has plans 
for expansion and the hiring of additional employees, it did not provide sufficient probative 
documentation to support its claim (e.g., business proposal; documentation substantiating the 
expansion of physical facilities; detailed plans to hire staff; evidence substantiating that the 
Petitioner intends to establish branch, subsidiary or affiliate offices; probative evidence 
substantiating investments or new revenue sources; development/expansion proposals; financial 
records establishing that it has sufficient resources; contracts).3 
3 
On the Form I-129, the Petitioner reported to USCIS that its net annual income was $120,000. Thereafter, in the appeal 
6 
Matter of 7- Inc. 
Further, the Petitioner's claim that it intends to expand its business operations in the future is not 
sufficient to demonstrate that the proffered position qualifies as a specialty occupation. A petitioner 
must establish eligibility at the time of filing the petition. See 8 C.F.R. § 103.2(b)(l). A petition 
may not be approved at a future date after the Petitioner or Beneficiary becomes eligible under a new 
set of facts. Matter of Michelin Tire Corp., 17 I&N Dec. 248 (Reg. Comm'r 1978). The H-1B 
classification is not intended as a vehicle for employers to bring in temporary workers to meet 
possible workforce needs arising from potential business expansions or the expectation of potential 
new customers or contracts. 63 Fed. Reg. 30419, 30419- 30420 (June 4, 1998). 
C. First Criterion 
We now tum 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. 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.4 
On the labor condition application (LCA), the Petitioner designated the proffered position under the 
occupational category1 "General and Operations Managers," corresponding to the Standard 
Occupational Classification (SOC) code 11-1 021.5 The Handbook states in pertinent part, that 
"general and operations managers oversee operations that are too diverse and general to be classified 
into one area of management or administration." Bureau of Labor Statistics, U.S. Dep't of Labor, 
Occupational Outlook Handbook, Top Executives (2016-17 ed.). The Handbook reports that in 
brief, the Petitioner stated the documentation submitted showed that it had not met its "expected" income as provided on 
the Form 1-129. The instructions to the Form 1-129 are clear: a petitioner is required to answer all questions fully and 
accurately, and if an item is not applicable or the answer is "none," a petitioner should indicate "N/ A." Here, the 
Petitioner should have provided its net annual income or if it had none, then "N/ A" - rather than indicate its "expected" 
income without any notation or explanation. An inaccurate statement anywhere on the Form 1-129 or in the evidence 
submitted in connection with the petition mandates its denial. See 8 C.F.R. § 214.2(h)(10)(ii); see also id. § 103.2(b)(1). 
4 All of our references are to the 2016-2017 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. To satisfy the first criterion, the burden of proof remains on the Petitioner to submit sufficient evidence to 
support a finding that its particulflr position would normally have a minimum, specialty degree requirement, or its 
equivalent, for entry. 
5 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 adescription 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 7 (rev. Nov. 2009), 
http://flcdatacenter.com/download/NPWHC _Guidance_ Revised _II_ 2009.pdf A prevailing wage determination starts 
with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill 
requirements of the Petitioner's job opportunity. !d. 
7 
Matter of 7- Inc. 
industries such as retail trade, "workers without a college degree may work their way up to higher 
levels within the company to become executives or general managers." !d. Thus, the Handbook 
does not support the Petitioner's assertion that a bachelor's degree is required for entry into this 
occupation. Rather, the Handbook reports that the occupation accommodates less than a bachelor's 
degree in a specific specialty. 
The Petitioner references the Handbook section for "Top Executives," which includes establishing 
and carrying out departmental or organizational goals and appointing department heads and 
managers. The Petitioner has not established that it is an organization that could support a top 
executive who is performing duties at this level. The Petitioner was established during the three­
month period prior to filing the H-1B petition, claims to have only two employees (one of whom, 
according to the Petitioner, does not have the time or interest in the daily operations), and confirms 
on appeal that the gross and net annual incomes that it listed on the Form I-129 were "expected" 
incomes rather than actual incomes. Although the Petitioner asserted that the Beneficiary would be 
in charge of sales staff, it does not claim to have any current sales staff for the Beneficiary to 
supervise, much less departments with other managers that the Beneficiary could supervise in the 
capacity of a top executive. The Petitioner has not established that its position resembles that of 
"Top Executives." 
In support of the petition, the Petitioner references the DOL's Occupational Information Network 
(O*NET) summary report for "General and Operations Managers." The summary report provides 
general information regarding the occupation; however, it does not support the Petitioner's assertion 
regarding the educational requirements for these positions. For example, the Specialized Vocational 
Preparation (SVP) rating cited within O*NET's Job Zone 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 - and it 
does not specify the particular type of degree, if any, that a position would require.6 
Further, the summary report provides the educational requirements of "respondents," but does not 
account for 100% of the "respondents." Further, only 29% of the respondents possess at least a 
bachelor's degree. Importantly, the respondents' positions within the occupation are not 
distinguished by career level (e.g., entry-level, mid-level, senior-level). Additionally, the graph in 
the summary report does not indicate that the "education level" for the respondents must be in a 
specific specialty. 
The Petitioner submitted a printout of DOL's Occupational Employment Statistics (OES) for 
"General and Operations Managers" and claims that it is relevant to the instant matter. Thus, we 
reviewed the documentation. To begin, we note that the documentation lacks information on the 
6 For additionaL information, see the O*NET Online Help webpage available at http://www.onetonline.org 
/help/online/svp. 
8 
Matter of7- Inc. 
requirements necessary to enter the occupation. Further, we observe that the annual mean wage in 
the state of intended employment is $142,11 0; however, the Beneficiary's proposed salary is 
$49,920 per year, suggesting that the Beneficiary will be employed in a relatively low-level position 
compared to others within the occupation. We also note that OES provides a statistical profile for a 
wide variety of managerial positions in multiple, unrelated industries, including restaurants, 
computer systems design, sound recording industries, local government, and scientific research and 
development services. The Petitioner has not established that the OES printout supports its assertion 
regarding the requirements of the proffered position. 
Without more, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). 
D. Second Criterion 
,J 
The second criterion presents two alternative prongs: "The degree requiremenf 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 this case, 
the Petitioner claims that its ideal candidate for the proffered position holds a bachelor's degree in 
business administration or management and preferably has more than two years of related 
expenence. 
USCIS generally considers the following factors 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 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 other authoritative source, reports a requirement for at least a bachelor's degree in 
a specific specialty, or its equivalent. Thus, we incorporate by reference the previous discussion on 
the matter. The Petitioner did not submit documentation from an industry association or others in 
the industry. 
9 
.
Matter of 7- Inc. 
In support of this criterion, the Petitioner submitted copies of job announcements placed by other 
employers. However, the Petitioner's reliance on the job announcements is misplaced. First, the 
Petitioner has not established that the organizations are similar to the Petitioner. The Petitioner is a 
retail business with two employees. The advertisements provided by the Petitioner, for example are 
for: 
• - a restaurant chain; 
• - financial services firm; 
• - shopping center; 
• - company representing collegiate properties; 
• - customer engagement and cyber intelligence services; 
• -distributor of automobile parts; 
The Petitioner did not supplement the record of proceedings to establish that these advertising 
organizations are similar to it. 
When determining whether the Petitioner and the organization share the same general 
characteristics, such factors may include information regarding the nature or type of organization, 
and, when pertinent, the particular scope of operations, as well as the level of revenue and staffing 
(to list just a few elements that may be considered). It is not sufficient for the Petitioner to claim that 
an organization is similar and in the same industry without providing a legitimate basis for such an 
assertion. 
Moreover, many of the advertisements do not appear to be for parallel positions. For example, the 
Petitioner submitted an advertisement for the following: 
• restaurant manager; 
• marketing manager to co-manage the relationship and co-lead 
development; 
• general manager, situational awareness solutions; 
• division manager, integrated business systems; and 
• district manager. 
Moreover, some of the positions appear to be for more senior positions than the -proffered position. 7 
For instance, requires a degree and eight years of experience; 
requires a degree and five years of experience; requires a degree and 15 years of 
experience. More importantly, the Petitioner has not sufficiently established that the primary duties 
and responsibilities of the advertised positions are parallel to the proffered position. 
Further, the documentation does not establish that a bachelor's degree in a specific specialty (or its 
equivalent) is required. For instance, the Petitioner submitted postings indicating a bachelor's 
7 
The Petitioner indicated that the proffered position is an entry-level position on the LCA. 
10 
.
Matter of7- Inc. 
degree is preferred (e.g., 
A preference, however, is not an indication of a requirement. Some of the postings indicate 
that a general purpose degree is acceptable (e.g., 
As discussed previously, the degree requirement for H-
1 B approval is not just any degree or a general degree but, instead, a bachelor's degree or higher in a 
specific specialty (or its equiv~lent). 
As the documentation does not establish that the Petitioner has met this prong of the regulations, 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. 8 That is, not every deficit of every job posting has been addressed. 
Without more, the Petitioner has not provided sufficient evidence to establish that a bachelor's 
degree in a specific specialty, or its equivalent, is common to the industry in parallel positions 
among similar organizations. 9 Thus, the Petitioner has not satisfied the first alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second altemative'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 the appeal, the Petitioner references Residential Finance Corp. v. USCIS, 839 F. Supp. 2d 985 
(S.D. Ohio 2012). The record, however, lacks evidence establishing that the facts of the instant 
petition are analogous to those in Residential Finance. Moreover, we agree with the proposition that 
"[t]he knowledge and not the title of the degree is what is important" as long as a petitioner satisfies 
all of the statutory and regulatory provisions for a specialty occupation. 
In support of the petition, the Petitioner provided information regarding the proffered position and its 
business operations. 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 
8 The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. 
9 It must be noted that 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 ofSocial 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 error"). 
11 
Matter of 7- Inc. 
leading to a baccalaureate or higher degree in a specific specialty, or its equivalent, is required to 
perform the duties of the proffered position. The Petitioner has not distinguished the proffered 
position as more complex or unique from other positions that can be performed by persons without 
such a degree. 
Further, the Petitioner has designated the proffered position as a Level I position on the LCA.10 
. Such a wage level is for a position which only requires the performance of routine tasks that require 
limited, if any, exercise of judgment, and is contrary to a position that requires the performance of 
complex duties within the occupational category. It is, instead,a position for an employee who has 
only basic understanding of the occupation. Thus, although we acknowledge the Petitioner's claim 
that the proffered position is more complex or unique than typical positions located within the 
occupational category of general managers, the Petitioner's wage-level designation on the LCA does 
not support it. That is, this designation, when read in combination with the evidence presented and 
the Handbook's account of the requirements for this occupation, suggests that the position is not so 
complex or unique that the duties can only be performed by an individual with bachelor's degree or 
higher in a specific specialty, or its equivalent. 11 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references his 
education and experience. 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 satisfies the 
requirements. Here, 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. Thus, it cannot be conc~uded that the 
Petitioner has satisfied the second alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
E. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. The 
Petitioner does not claim to meet this criterion and has not submitted evidence relevant to this 
criterion. Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
10 The Petitioner's designation of this position as a Level I 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 ftom 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 low 
level position would still require a minimum of a bachelor's degree or higher in a specific specialty, or its equivalent, for 
entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty 
occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree in a specific 
specialty, or its equivalent. That is, a position's wage level designation may be a relevant factor but is not itself 
conclusive evidence that a proffered position meets the requirements of section 214(i)(l) of the Act. 
11 
The evidence of record does not establish that this position is significantly different ftom other positions within the 
occupational category such that it refutes the Handbook's information to the effect that some courses are advantageous to 
obtaining such a position, but not specifying that a bachelor's degree or higher in a specific specialty (or its equivalent) is 
required. 
12 
Matter of7- Inc. 
F. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature 
of the specific duties is so specialized and complex that the knowledge required to perform them is 
usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or 
its equivalent. 
The Petitioner provided information about its business operations and a description of the position. 
According to the Petitioner, the Beneficiary will perform general operations; manage the Petitioner's 
marketing, product, and brand; as well as be involved in team development. Here, relative 
specialization and complexity have not been sufficiently developed by the Petitioner as an aspect of 
the proffered position. The duties described are not 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 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. 12 
The Petitioner has not demonstrated in the record that its proffered position is one with duties 
sufficiently specialized and complex to satisfy 8 C.P.R.'§ 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
The Petitioner has not satisfied one ofthe criteria at 8 C.P.R.§ 214.2(h)(4)(iii)(A) and, therefore, has 
not demonstrated that the proffered position qualifies as a specialty occupation. 
ORDER: The appeal is dismissed. 
Cite as Matter of7-lnc., ID# 273200 (AAO July 13, 2017) 
12 A petitioner must distinguish its proffered position from others within the same occupation through the proper wage 
level designation to indicate factors such as the relative complexity of the job duties, the level of judgment, the amount 
and level of supervision, and the level of understanding required to perform the job duties. U.S. Dep't of Labor, Emp't 
& Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 
2009), available at http://tlcdatacenter.com/download/NPWHC_ Guidance_ Revised_ll_2009.pdf 
13