dismissed H-1B Case: Satellite Equipment Wholesale

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Ilomeland Security 
20 Massachusetts Avenue, NW, Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 2 17 501 54 Office: CALIFORNIA SERVICE CENTER Date: UN 0 8 2bUb 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 1 10 l(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
WAC 04 217 50154 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be denied. 
The petitioner is a wholesaler of satellite antennae and accessories that seeks to employ the beneficiary as a 
market research analyst. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a 
specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 9 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 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. 
Pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among similar 
organizations or, in the alternative, an employer may show that its particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties is so specialized and complex that knowledge required to 
perform the duties is usually associated with the attainment of a baccalaureate or higher 
degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
9 2 14.20(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. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence (WE); (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
WAC 04 217 50154 
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The petitioner is seeking the beneficiary's services as a market research analyst. Evidence of the 
beneficiary's duties includes the Form 1-129 petition, the petitioner's July 27, 2004 letter of support, and the 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perform duties that entail: researching market conditions in local, regional, and national areas to determine 
additional markets for the petitioner's products; advising management on pricing decisions, better penetration 
into current markets and the addition of alternative markets; researching local, regional and national 
infrastructure, as it relates to the ability of competitors to cost-effectively market alternative products to 
satellite communications products; researching and analyzing topography and its effect on the quality and 
availability of cell-type communications; analyzing political considerations, such as subsidies and taxes, as 
they relate to satellite communications; determining the appropriate research methodologies and formats for 
gathering data and presenting it in a comprehensible fashion to management; and researching and analyzing 
the current preferences and buying habits of the petitioner's customers. The petitioner did not indicate that a 
qualified candidate for the job would possess a bachelor's degree in a particular field. 
The director found that the proffered position was not a specialty occupation. The director stated that market 
research analysts are not typically employed by businesses such as the petitioner's. The director also stated 
that the petitioner's business does not have the organizational complexity to support a market research 
analyst. The director found further that the petitioner failed to establish any of the criteria found at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A). 
On appeal, counsel states that the petitioner has a need for a market research analyst. Counsel further states 
that the director was incorrect in determining that the position is a marketing manager, rather than a market 
research analyst. Counsel asserts that the Department of Labor's Occupational Outlook Handbook (Handbook) 
indicates that a bachelor's degree is the minimum requirement for entry into a position as a market research 
analyst. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
2 14.2@)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO turns first to the criteria at 8 C.F.R. $ 214.2 (h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. 
Factors often considered by CIS when determining these criteria 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 1 15 1, 1 165 
(D. Minn. 1999) (quoting Hird/Blaker COT. V. Sava, 712 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
The AAO turns first to the criteria at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
WAC 04 217 50154 
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requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. 
The AAO routinely consults the Handbook for its information about the duties and educational requirements of 
particular occupations. The Handbook states: 
A bachelor's degree is the minimum educational requirement for many market and survey 
research jobs. However, a master's degree may be required, especially for technical positions, 
and increases opportunities for advancement to more responsible positions. Also, continuing 
education is important in order to keep current with the latest methods of developing, 
conducting, and analyzing surveys and other data. Market and survey researchers may earn 
advanced degrees in business administration, marketing, statistics, communications, or some 
closely related discipline. . . . 
In addition to completing courses in business, marketing, and consumer behavior, prospective 
market and survey researchers should take other liberal arts and social science courses, 
including economics, psychology, English, and sociology. Because of the importance of 
quantitative skills to market and survey researchers, courses in mathematics, statistics, 
sampling theory and survey design, and computer science are extremely helpful. 
While the Handbook indicates that a bachelor's degree is normally required for a market research analyst, it 
does not specify that the degree must be in a specific specialty. As noted above, CIS interprets the term 
"degree" in the criteria at 8 C.F.R. 8 214.2(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. 
The petitioner did not submit evidence regarding parallel positions in the petitioner's industry. The record 
also does not include any evidence from professional associations regarding an industry standard or 
documentation to support the complexity or uniqueness of the proffered position. The petitioner has, thus, not 
established the criteria set forth at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. This is a new position, and the petitioner is not able to meet this 
criterion. 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(h)(iii)(A)(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. 
To the extent that they are depicted in the record, the duties do not appear to be so specialized and complex as 
to require the highly specialized knowledge associated with a baccalaureate or higher degree, or its 
equivalent, in a specific specialty. Therefore, the evidence does not establish that the proffered position is a 
specialty occupation under 8 C.F.R. 9 2 14.2(h)(4)(iii)(A)(4). 
WAC04217 50154 
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Beyond the decision of the director, the AAO notes that the petitioner stated that it had five employees in Part 
5 of the Form 1-129. The DE-6 forms submitted in response to the director's request for evidence indicate 
that for the quarter during which the Form 1-129 Form was filed, the petitioner had two employees. In 
addition, the only quarter that the petitioner reported having five employees was the quarter ending September 
30, 2003, almost one year prior to the filing of the petition. After that time, the DE-6 forms report that the 
petitioner's staff ranged from two employees to four employees. It is incumbent upon the petitioner to 
resolve any inconsistencies in the record by independent objective evidence. Any attempt to explain or 
reconcile such inconsistencies will not suffice unless the petitioner submits competent objective evidence 
pointing to where the truth lies. Doubt cast on any aspect of the petitioner's proof may, of course, lead to a 
reevaluation of the reliability and sufficiency of the remaining evidence offered in support of the visa petition. 
Matter of Ho, 19 I&N Dec. 582,591 (BIA 1988). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 8 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.