dismissed H-1B Case: Scrap Metal Export

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JAN 2 9 2015 OFFICE: CALIFORNIA SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.P.R.§ 103.5. Do not file a motion directly with the AAO. 
ThA"
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Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION: The service center director (hereinafter "director") denied the nonimmigrant visa 
petition, and the matter is now before the Administrative Appeals Office on appeal. The appeal will 
be dismissed. The petition will be denied. 
I. PROC EDURAL AND FACTUAL BACKGRO UND 
On the Form 1-129 visa petition, the petitioner describes itself as a "Procurement & Processors of 
Scrap Metal for Export" firm with six employees in the United States established in In order 
to continue to employ the beneficiary in what it designates as a "Logistics Analyst" position, the 
petitioner seeks to class ify him as a nonimmigrant worker in a specialty occupation pursuant to 
section 101(a )(15 )(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 11 01( a)(15)( H)(i)(b). 
The director denied the petition, finding that the petitioner failed to establish that it would employ 
the beneficiary in a specialty occupation position. On appeal, counsel asserted that the director's 
basis for denial was erroneous and contended that the petitioner satisfied all evidentiary 
requirements. 
As will be discussed below, we have determined that the director did not err in her decision to deny 
the petition on the specialty occupation issue. Accordingly, the director's decision will not be 
disturbed. The appeal will be dismissed, and the petition will be denied. 
We base our decision upon our review of the entire record of proceeding, which includes: (1) the 
petitioner's Form 1-12 9 and the supporting documentation filed with it; (2) the service center's 
request for additional evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's 
denial letter; and (5) the Form I-290B and counsel's submissions on appeal. 
II. THE LAW 
The issue before us is whether the petitioner has demonstrated that the proffered position qualifies as 
a specialty occupation. Section 21 4(i)(l) of the Act, 8 U.S.C. § 11 84(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. § 21 4.2(h)(4)(ii) states, in pertinent part, the following: 
Specialty occupation means an occupation which [(1)] requires theoretical and 
practical application of a body of highly specialized knowledge in fields of human 
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endeavor including, but not limited to, architecture, engineering, mathematics, 
physical sciences, social sciences, medicine and health, education, business 
specialties, accounting, law, theology, and the arts, and which [(2)] requires the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as 
a minimum for entry into the occupation in the United States. 
Pursuant to 8 C. F.R. § 21 4.2(h)(4)(iii)(A), to qualify as a specialty occupation, a proposed position must 
also meet one of the following criteria: 
(1) A baccalaureate or higher degree or its equivalent is normally the m1mmum 
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. 
As a threshold issue, it is noted that 8 C.F.R. § 214. 2(h)(4)(iii)(A) must logically be read together 
with section 21 4(i)(1) 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 (19 88) (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. Federal Sav. and Loan Ins. Corp., 489 U.S. 561 (1 989); Matter ofW­
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 necessaril y 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. § 21 4.2(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)(1) of the Act and the regulation at 8 C.F.R. 
§ 21 4.2(h)( 4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets 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 
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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"). Applying this standard, USCIS regularly approves H-lB petitions for qualified aliens 
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 directly 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 qualif ies as a specialty occupation, USCIS does 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. USCIS must examine the 
ultimate employment of the alien, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor v. Meissner, 201 F. 3d 384. The critical element is not the title 
of the position nor 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. 
III. EVID ENCE 
The Labor Condition Application (LCA) submitted to support the visa petltwn states that the 
proffered position is a "Logistics Analyst" position, and that it corresponds to Standard 
Occupational Classification (SOC) code and title 13- 11 61, Market Research Analysts and Marketing 
Specialists from the Occupational Information Network (O*NET). The LCA further states that the 
proffered position is a Level I, entry-level, position. 
With the visa petition, counsel submitted evidence that the beneficiary received a master's degree in 
business administration with an emphasis in managing international business from 
in Missouri. The record also contains statements of marks issued to the beneficiary for 
classes attended at the in India. 
Counsel also submitted a letter, dated August 27, 2013, from the petitioner's president, who stated 
the following as the duties of the proffered position: 
• Perform market research and enhance product workflow by analyzing and 
developing logistics plans that affect production, distribution, and inventory. 
• Perform analysis and prepare statistical data for contract negotiations and 
participate in said negotiations. 
• Create and review procedures for distribution and inventory management to 
maximize customer satisfaction and minimize cost. 
• Research and identify logistical areas for process improvement and cost savings. 
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• Lead analysis and provide statist ical information on the tracking of product 
shipments, returns and inventory. 
• Evaluate existing capabilities and establish new systems and processes for the 
tracking, measurements, reporting and analysis of all traffic. 
As to the educational requirement of the proffered position, the petitioner's president stated: 
The duties of [the proffered position] could only be satisfactorily discharged by an 
individual having knowledge normally acquired with the completion of a minimum of 
a Bachelor's degree in Business Administration, Finance, or its foreign equivalent. 
On January 28, 2014, the service center issued an RFE in this matter. The service center requested 
additional evidence that the petitioner would employ the beneficiary in a specialty occupation. The 
service center provided a non-exhaustive list of items that might be used to satisf y the specialty 
occupation requirements. 
In response, counsel submitted (1) an evaluation, dated February 19, 2014, of the proffered position; 
and (2) counsel's own letter, dated April 7, 2014. 
The February 19 , 2014 evaluation was prepared by Director of Supply Chain 
Management Programs and Assistant Professor of Supply Chain Management at 
. He stated that, based on the duties described in the petitioner's president's August 27, 
2013 letter, the nature of the duties of the proffered position are so specialized and complex that the 
knowledge required to perform them requires "minimum of a bachelor's degree in Business and/or 
Logistics Management." 
In his April 7, 2014 letter, counsel reiterated the duty description 
president's August 27, 2013 letter and cited Professor 
proffered position qualifies as a specialty occupation position. 
contained in the petitioner's 
letter as evidence that the 
The director denied the petition on May 5, 2014, finding, as was noted above, that the petitioner had 
not demonstrated that the proffered position qualifies as a position in a specialty occupation by 
virtue of requiring a minimum of a bachelor's degree in a specific specialty or its equivalent. More 
specifically, the director found that the petitioner had satisfied none of the suppleme ntal criteria set 
forth at 8 C.F.R. § 214 .2(h)(4)(iii)(A). 
In that decision, the director noted that the LCA submitted is certified for a market research analyst 
or marketing specialist position. She also asserted that an analysis of the duties of the proffered 
position confirms that it corresponds to that classification. The dire ctor therefore analyzed the 
proffered position as a market research analyst or marketing specialist position. 
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On appeal, counsel submitted (1) an undated letter from the petitioner's president; (2) a statement, 
dated May 16, 2014, from the petitioner's president; (3) an unsigned letter, dated September 9, 2014, 
from the beneficiary; and (4) a brief. 
In his undated letter, the petitioner's president asserted that various courses the beneficiary took as 
part of his master's degree program pertain to the proffered position. The May 16, 2014 statement of 
the petitioner's president lists the following as the duties of the proffered position: 
• Hedging, based Pricing & Gross Margin forecast 
o Daily handling of metal and FX hedges, including collection of physical pricings 
and preparation of daily hedge instructions; booking contractual pricings and 
futures trades into the system and maintaining/controlling 
positions. Controlling of Price Risk Management accounts for 
other group companies by coordinating hedge orders, positions and settlements 
with traffic people at headquarters in India, various field offices and 
industrial subsidiaries on a daily basis. 
o Provide daily forecasted scrap revenue and reconciliation of scrap revenue to 
quantity & tonnage of all types Scrap Material & also not limited to pending 
material to be loaded. Commodity knowledge includes: 
• Ferrous Scrap:-Shredded Iron Steel Scrap, Heavy melting steel scrap, 
Manganese Scrap, Metal Turnings Scrap, Cast Iron Scrap, bushelling 
Bundles Scrap, Tungsten Pipes Scrap, Plate and Structural Scrap & 
others. 
• Non Ferrous Scrap: - Aluminum Taint Tabor Scrap, Copper Scrap, 
Brass Scrap, Lead Scrap, Stainless Steel 304 Scrap, Aluminum 
Extrusion Scrap & others. 
o Providing Gross Margin forecast for current & future months on the basis of the material 
loaded, shipped and inventory collections. Collected & managed various data points 
required for such forecast such as past shipments, market index pricing points, regional 
pricing, customer demand and supply availability. Creating predictive models to estimate 
buying & selling pricing based on the purchases, sales, freight, Inspection & other 
collected data. 
• Data Analytics, Cargo Management & Shipment Tracking 
o A-Z data collection and tracking into excel reports (which is a compulsory requirement 
for [the petitioner]). Ability to update LIVE/RAW information as it comes in company 
which will benefit everyone in the company including the Corporate Head Off ice, which 
will enable [the beneficiary] to generate accurate reports and forecasting the future 
requirements of Material as per customer's requirement in given span of time. (i.e. 1000 
MT (2,204,600 Lbs. is supposed to be loaded and so far 750 MT is loaded and more 250 
MT is required to be received in last 2 days so it is very important to established where is 
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excess material so which can be COD (Change of destination) and full fill the contract in 
timely manner). 
o Maintaining Enterprise Information & Accounting related data in to Quickbooks 2014. 
Knowledge of QuickBook's Software 2014 and applying of relevant Inventories loaded, 
shipped, billed freight and Trucking Haulage applied to the appropriate accounts and 
after all the data is submitted and Analytical report is generated which provides crystal 
clear information for all the API AR (Accounts Payable and Receivable) which will help 
the company at last providing funds required for outstanding payments to me made to 
suppliers vs Payments expected from Customers. 
o Cargo Management: Manages shipments to ensure orderly disposition as per customers 
requirement & s to reallocate containers positioning if necessary Change of Destination 
(COD) required which requires approval from destination country for all the On Carriage 
Charges (ICD), Destination Terminal Handling Charges (DTHC), after all the required 
procedure is followed COD will be completed. But it's very important to keep the 
tracking of cargo with the Logistics Software , which 
provides Pin Point location of the cargo. 
o Identifies, assesses and communicates container issues I exceptions, and proposes 
resolutions, as required, once a trouble ticket is received which identifies the real cause of 
problem, such as Late gate is required, or the weight on the container is heavy and not in 
accordance to the CIMC plate limit of containers, it is very important to speculate and 
Analyze the problem before it comes which will reduce waste of time and work will be in 
smooth flow. Ensures accurate identification and detail of container type (i.e. 20 
Standard Dry Van 40 High Cube, 40 Standard Feet Container. It is also very important to 
affix High Security Bolt Seal is required for all container loaded which is an requirement 
of Customs and Shipping line to protect the material loaded in containers. 
o Container Data & Shipment Tracking: - Once all of the Priorities are completed from 
Material Procurement on the basis of Market Deep Research and Analys is, Around 
10 ,000 ++ containers are loaded from USA, Canada, Brazil, South America & Central 
America, yearly. [The beneficiary's] Ability to track on the container from Various 
Origin Ports in USA and other International Ports on Shipping Software, such as 
(http://www. (http:ijwww 
(www. (www & other portals informing the 
appropriate customer providing reference numbers and ETA (Estimated Time of Arrival) 
of Cargo which ensure good creditability in maintaining highest customer standards & 
Customer Satisfaction. Lastly reviewing audits and analyzes container requests and 
provides feedback to teams on potential critical path containers. 
• Purchase orders & shipment bookings 
o Mter all the data provided material is purchased which meets the requirements of the 
customer as per their specifications (Quantity, Deadline, Order Type FAC, CNF, CIF, 
FOB, Price, Inspection Agency Appointment & Others when all is in place, Booking 
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confirmation is in order from the shipping line, predicting the fastest shipping line which 
has a routing with very less transit time which ensures goods reach on time. 
o Co-coordinating with Steam Shi Lines Such as 
for providing late gate to the loading facility which required an 
Analysis of specific amount of material is required to ship and Late Gate (i.e., providing 
extra time to load material and which will result the cargo to go in the specific lots as 
required by customers Letter Of Credit. Which in turns will reduce the cost of customer 
and Shipper (M.G.K.) 
• Customs Data Collection & Cargo Clearance: 
o Involved in variety of tasks on a daily basis such as communicating with the local 
shipping lines, freight forwarders, CHS & other agents at the destination countries where 
we export. Collect data & prepare documents required for clearance of goods such Pre­
Inspection Certificates both by the US Customs compliance and foreign country Customs 
specifications. Work with U.S. Customs and Border Protection Agency by providing 
shipment details with complete vessel planning and material loaded with the correct 
requirement of Harmonized Code (HS Code) and Obtaining AES which is a compulsory 
requirement of the US Customs and Border Protection, with the AES Number goods can 
be transported to the desired destination country. 
o Working with Canada Border Services Agency, Canada Automated Export 
Declaration (C.A.E.D. SOFTWARE v.0014 Feb 2014) which is an compulsory 
requirement of Canada Border Services Agency, All the shipments leaving Canada 
should be inform via CAED which required specific Harmonized Code (H.S. Code) with 
the complete loading planning site, details of Inspection is required if requested in the 
software after completing all the integrate steps in the software all the data is transfer and 
generate Bl 3A as proper analysis is required before completing all the steps, which is an 
required by Canada Government and after submission goods can be transported to the 
desired destination country. 
o Working with Inspection Agencies: Inspection Agencies such as 
, of North America, Appointment of 
Specific Agency as per the Customer requirement, and providing specific BDH Numbers 
from Bangladesh, V.O Numbers from KSO of Indonesia. After completion of Inspection 
providing complete Inspection report with the Radiation levels should be as per the 
specification of each country. 
• Vendor & Customer Communication Including Foreign to Foreign Marketing 
o [The beneficiary's] Ability to communicate to vendors, Loading Facility personnel and 
planning & allocation on the material loaded and creating a report whether if the material 
will be ready as per customers requirement & specification Material loaded from 
Honduras, El Salvador, Chile, Canada & Brazil. 
o Ability to Communicate in English, Hindi, Gujarati & Marathi for the material Quality, 
Quantity, Inspection Reports, Radiation reports from Pre Shipment Inspection Certificate 
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(P.S.I.C), since all the major customer are manufacture from the developing countries 
such as India, Pakistan, Bangladesh and communicating on one with the own language 
get the works in smooth flow and benefits the company's relation with customers. Also 
communicating daily metal prices Market trends and price hedging as per the material 
requirement to our Group of Companies Established in United Kingdom, United Emirates 
(Dubai), Head Quarters in Mumbai and other Branches & Loading Facility located in 
India. 
[Errors in the original.] 
In his unsigned September 9, 2014 letter, the beneficiary observed, inter alia, that the instant visa 
petition is a continuation petition. 
In his brief, counsel stated: [T]he petitioner does not contest that the [proffered position] is proper! y 
classifiable as a Market Research Analyst." He further cited the U.S. Department of Labor's 
Occupational Outlook Handbook (Handbook) as evidence that the proffered position therefore 
qualifies as a specialty occupation position. 
IV. ANALYSIS 
Initially, we observe that some of the duties described on appeal, rather than being an explanation of, 
or an extrapolation from, the duties originally attributed to the proffered position, are entirely new 
duties. For instance , one of the duties listed in the petitioner's president's May 16, 2014 statement 
was: 
Daily handling of metal and FX hedges, including collection of physical pricings and 
preparation of daily hedge instructions; booking contractual pricings and futures 
trades into the system and maintaining/controlling 
. . 1 
positions. 
That duty was not included, even in abstract form, in the description of duties included in the 
petitioner's president's August 27, 20 13 letter, which description of duties was reiterated in counsel's 
April 7, 2014 response to the RFE and relied upon by the evaluator who produced the February 19, 
2014 evaluation of the proffered position. 
Similarly, the duty description provided on appeal stated that the beneficiary, m the prof fered 
position, is responsible for: 
Controlling of Price Risk Management accounts for other group companies by 
coordinating hedge orders, positions and settlements with traffic people at 
1 That duty appears to have been copied verbatim from a vacancy announcement posted on a website at 
https://www 
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headquarters in 
daily basis.2 
NON-PRECEDENT DECISION 
India, various field offices and industrial subsidiaries on a 
That duty also does not appear in any form in the description of the duties of the proffered position 
that was submitted with the visa petition. 
On appeal, a petitioner cannot offer a new position to the beneficiary, or materially change a 
position's title, its level of authority within the organizational hierarchy, or the associated job 
responsibilities. The petitioner must establish that the position offered to the beneficiary when the 
petition was filed merits approval of the visa petition. See Matter of Michelin Tire Corp., 17 I&N 
Dec. 248, 249 (Reg. Comm'r 1978). A petitioner may not make material changes to a petition in an 
effort to make a deficient petition conform to USCIS requirements. See Matter of Izummi, 22 I&N 
Dec. 169, 176 (Assoc. Comm'r 1998). 
As another preliminary matter, we observe that the petitioner's president stated, in his August 27, 
2013 letter, that the duties of the proffered position require the knowledge acquired by completion of 
a minimum of a bachelor's degree in business administration, finance, or its equivalent. In so 
stating, he indicated that a bachelor's degree in business administration, without further specification, 
would be a sufficient educational qualification for the proffered position. 
A degree with a generalized title, such as business administration, without further specification, is 
not a degree in a specific specialty. Cf Matter of Michael Hertz Associates, 19 I&N Dec. 558 
(Comm'r 1988). As such, an educational requirement that may be satisfied by an otherwise 
undifferentiated bachelor's degree in business administration is not a requirement of a minimum of a 
bachelor's degree in a specific specialty or its equivalent. That an otherwise undifferentiated 
bachelor's degree in business administration would be a suitable academic preparation for the 
proffered position demonstrates that it does not require a minimum of a bachelor's degree m a 
specific specialty or its equivalent and does not qualify as a specialty occupation position. The 
appeal must be denied and the visa petition dismissed on this basis alone. 
Nevertheless, for the purpose of performing a comprehensive analysis of whether the proffered 
position qualifies as a specialty occupation, we turn next to the criteria at 8 C.F.R. 
§ 214.2(h)(4) (iii)(A)(l) and (2): a baccalaureate or higher degree in a specific specialty or its 
equivalent is normally the minimum requirement for entry into the particular position; and a degree 
requirement in a specific specialty 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 in a specific specialty. Factors we consider when determining these criteria 
include: whether the Handbook, on which we routinely rely for the educational requirements of 
particular occupations, reports the industry requires a degree in a specific specialty; whether the 
industry's professional association has made a degree in a specific specialty a minimum entry 
2 
That duty also appears, almost verbatim, at https://www. 
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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 11 51, 11 65 (D.Minn. 19 99) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095 , 11 02 
(S.D.N.Y. 19 89)). 
We will first address the requirement under 8 C.P.R. § 21 4.2(h)(4)(iii)(A)(l): A baccalaureate or 
higher degree or its equivalent is normally the minimum requirement for entry into the particular 
position. We recognize the Handbook, cited by counsel, as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses? 
The petitioner claims in the LCA that the proffered position corresponds to SOC code and title 
13 -1161, Market Research Analysts and Marketing Specialists from O*NET. We reviewed the 
chapter of the Handbook (2014-2015 edition) entitled "Market Research Analysts," including the 
sections regarding the typical duties and requirements for this occupational category. The Handbook 
states the following with regard to the duties of market research analysts : 
What Market Research Analysts Do 
Market research analysts study market conditions to examine potential sales of a 
product or service. They help companies understand what products people want, who 
will buy them, and at what price. 
Duties 
Market research analysts typically do the following: 
• Monitor and forecast marketing and sales trends 
• Measure the effectiveness of marketing programs and strategies 
• Devise and evaluate methods for collecting data, such as surveys, 
questionnaires, and opinion polls 
• Gather data about consumers, competitors, and market conditions 
• Analyze data using statis tical software 
• Convert complex data and findings into understandable tables, graphs, 
and written reports 
• Prepare reports and present results to clients and management 
Market research analysts perform research and gather data to help a company market 
its products or services. They gather data on consumer demographics, preferences, 
needs, and buying habits. They collect data and information using a variety of 
The Handbook, which is available in printed form, may also be accessed on the Internet, at 
http://www.bls .gov/oco/. Our references to the Handbook are to the 2014 -2015 edition available online. 
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methods, such as interviews, questionnaires, focus groups, market analysis surveys, 
public opinion polls, and literature reviews. 
Analysts help determine a company's position in the marketplace by researching their 
competitors and analyzing their prices, sales, and marketing methods. Using this 
information, they may determine potential markets, product demand, and pricing. 
Their knowledge of the targeted consumer enables them to develop advertising 
brochures and commercials, sales plans, and product promotions. 
Market research analysts evaluate data using statistic al techniques and software. They 
must interpret what the data means for their client, and they may forecast future 
trends. They often make charts, graphs, and other visual aids to present the results of 
their research. 
Workers who design and conduct surveys are known as survey researchers. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
"Market Research Analysts, " http:/ /www.bls.gov/ooh/business-and-financial/market-rese arch­
analysts.htm#tab-2 (last visited Jan. 28, 2015). 
The duties attributed to the proffered position bear little resemblance to the duties the Handbook 
describes in discussing Market Research Analyst positions. Although the duty description provided 
with the visa petition contains the phrase "market research," the research to be performed, especially 
as described in more detail in the duty description provided on appeal, is concerned with the logistics 
of acquiring and transporting scrap metal. 
On the other hand, the Handbook describes the duties of a Logistician as follows: 
What Logisticians Do 
Logisticians analyze and coordinate an organization's supply chain-the system that 
moves a product from supplier to consumer. They manage the entire life cycle of a 
product, which includes how a product is acquired, distributed, allocated, and 
delivered. 
Duties 
Logisticians typically do the following: 
• 
• 
• 
• 
Direct the allocation of materials, supplies, and finished products 
Develop business relationships with suppliers and customers 
Work to understand customers' needs and how to meet them 
Design strategies to minimize the cost or time required to move goods 
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• Review the success of log istical functions and identify areas for 
improvement 
• Propose improvements to management and customers 
Logisticians oversee activities that include purchasing, transportation, inventory, and 
warehousing. They may direct the movement of a range of goods, people, or supplies, 
from common consumer goods to military supplies and personnel. 
Logisticians use sophisticated software systems to plan and track the movement of 
goods. They operate software programs tailored specifically to manage logistical 
functions, such as procurement, inventory management, and other supply chain 
planning and management systems. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
"Logisticians ," http:/ /www .bls.gov/ooh/business-and-financial/logisti cians.htm#tab-2 (last visited 
Jan. 28, 2015). 
The duties the petitioner's president attributed to the proffered position are consistent with the duties 
of logistician as described in the Handbook. On the balance, we find that the proffered position is a 
logistician position as described in the Handbook. 
The Handbook states the following about the educational requirements of logistician positions: 
What Logisticians Do 
Although an associate's degree may be sufficient for some logistician jobs, a 
bachelor's degree is typically required for most positions. Work experience in a 
related field is helpful for jobseekers. 
Education 
Logisticians may qualify for posthons with an associate 's degree. However, as 
logistics becomes increasingly complex, more companies prefer to hire workers who 
have at least a bachelor's degree. Many logisticians have a bachelor's degree in 
business, industrial engineering, process engineering, or supply chain management. 
Bachelor's degree programs often include coursework in operations and database 
management, decisionmaking, and system dynamics. In addition, most programs 
offer courses that train students on software and technologies commonly used by 
logisticians, such as radio-frequency identification (RFID). 
Licenses, Certifications, and Registrations 
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NON-PRECEDENT DECISION 
Logisticians can obtain certification through the American Society of Transportation 
and Logistics (ASTL) or the International Society of Logistics (SOL E). The 
certification offered by each of these organizations typically requires a combination 
of education, experience, and passing an exam. Although not required, certification 
can demonstrate professional competence and a broad knowledge of logistics. 
Other Experience 
Prospective logist icians can benefit from previous work experience in a field related 
to logistics or business. Because military operations require a large amount of 
logistics, some logisticia ns gain work experience while serving in the military. Some 
firms allow applicants to substitute several years of work experience for a degree. 
Important Qualities 
Communication skills. Logisticians need strong communication skills in order to 
collaborate with colleagues and do business with suppliers and customers. 
Critical-thinking skills. Logisticians must develop, adjust, and successfully carry out 
logistical plans, and they often must find ways to cut costs and improve efficiency. 
Organizational skills. Logisticians must be able to perform several tasks at one time, 
keep detailed records, and simultaneously manage several projects in a fast-paced 
environment. 
Problem-solving skills. Logisticians must handle unforeseen issues, such as delivery 
problems, and adjust plans as needed to resolve the issues. 
/d. at http://www .bls.gov/ooh/business-and-financial/logis ticians.htm#tab-4 (last visited Jan. 28, 
2015). 
The Handbook makes clear that logistician positions do not, as a category, require a minimum of a 
bachelor's degree in a specific specialty or its equivalent. First, it states that some logistician 
positions are available to people with only an associate's degree. Second, it states that, even among 
those logistician positions that may require a bachelor's degree, an otherwise undifferentiated degree 
in business may suffice. As was explained above, a degree with a generalized title, such as business 
administration, without further specification, is not a degree in a specific specialty. Cf Matter of 
Michael Hertz Associates, supra. As such, an educational requirement that may be satisfied by an 
otherwise undifferentiated bachelor's degree in business administration is not a requirement of a 
minimum of a bachelor's degree in a specific specialty or its equivalent. For both reasons, the 
Handbook does not state a requirement of a minimum of a bachelor's degree in a specific specialty 
or its equivalent for logistician positions. 
(b)(6)
NON-PRECEDENT DECISION 
Page 15 
Where, as here, the Handbook does not support the proposition that the proffered position satisfies 
this first criterion of 8 C.F.R. § 21 4.2(h)( 4)(iii)(A), it is incumbent upon the petitioner to provide 
persuasive evidence that the proffered position otherwise satisfies this criterion by a preponderance 
of the evidence standard, notwithstanding the absence of the Handbook's support on the issue. In 
such a case, it is the petitioner's responsibility to provide probative evidence (e.g., documentation 
from other authoritative sources) that supports a favorable finding with regard to this criterion. The 
regulation at 8 C.F.R. § 21 4.2(h)(4)(iv) provides that "[a]n H-1B petition involving a specialty 
occupation shall be accompanied by [ d]ocumentation ... or any other required evidence sufficient 
to establish ... that the services the beneficiary is to perform are in a specialty occupation." 
To this end, counsel submitted the February 19, 2014 evaluation of Professor which 
states that, based on the same duties described in the petitioner's president's August 27, 2013 letter, 
the proffered position requires a bachelor's degree in business and/or logistics management. Again, 
however, that requirement could be satisfied by an otherwise undifferentiated bachelor's degree in 
business. It is not a requirement of a minimum of a bachelor's degree in a specific specialty or its 
equivalent. That evaluation of the proffered position does not, therefore, suggest that the proffered 
position is a specialty occupation position. 
Further, we find that, to the extent that they are described in the record of proceeding, the numerous 
duties that the petitioner ascribes to the proffered position indicate a need for a range of knowledge 
of logistics, but do not establish any particular level of formal, postsecondary education leading to a 
bachelor's or higher degree in a specific specialty as minimally necessary to attain such knowledge. 
As the evidence of record does not establish that the particular position here proffered is one for 
which the normal minimum entry requirement is a baccalaureate or higher degree, or the equivalent, 
in a specific specialty, the petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214 .2(h)(4)(iii)(A)(l). 
Next, we find that the petitioner has not satisfied the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). This prong alternatively calls for a petitioner to establish that a requirement 
of a bachelor's or higher degree in a specific specialty, or its equivalent, is common for positions 
that are identifiable as being (1) in the petitioner's industry, (2) parallel to the proffered position, and 
also (3) located in organizations that are similar to the petitioner. 
In determining whether there is 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 at 11 65 (quoting 
Hird/Blaker Corp. v. Sava, 712 F. Supp. at 11 02. 
In the instant case, the petitioner has not established that the proffered position falls under an 
occupational category for which the Handbook, or other reliable and authoritative source, indicates 
(b)(6)
NON-PRECEDENT DECISION 
Page 16 
that there is a standard, minimum entry requirement of at least a bachelor's degree in a specific 
specialty or its equivalent. 
Also, there are no submissions from professional associations, individuals, or similar firms in the 
petitioner's industry attesting that individuals employed in positions parallel to the proffered position 
are routinely required to have a minimum of a bachelor's degree in a specific specialty or its 
equivalent for entry into those positions. 
Thus, the evidence of record does not establish that a requirement of a bachelor's or higher degree in 
a specific specialty, or its equivalent, is common to positions that are (1) in the petitioner's industry, 
(2) parallel to the proffered position, and also (3) located in organizations that are similar to the 
petitioner, and does not satisfy the first alternative prong of 8 C.P.R. § 214 .2(h)(4)(iii)(A)(2). 
The evidence of record also does not satisfy the second alternative prong of 8 C.P.R. 
§ 21 4.2(h)(4)(iii)(A)(2), which provides that "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." A review of the 
record indicates that the petitioner has failed to credibly demonstrate that the duties that comprise the 
proffered position entail such complexity or uniqueness as to constitute a position so complex or 
unique that it can be performed only by a person with at least a bachelor's degree in a specific 
specialty. 
Specifically, the petitiOner failed to demonstrate how the duties that collectively constitute the 
proffered position 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 equivalen t, 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 a few related courses may be 
beneficial, or even required, in performing certain duties of the proffered position, as the petitioner's 
president asserted, the petitioner has failed to demonstrate 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 particular position here. 
Therefore, the evidence of record does not establish that this position is significantl y different from 
other positions in the occupation such that it refutes the Handbook's information to the effect that 
there is a spectrum of degrees acceptable for such positions, including degrees not in a specific 
specialty and degrees that are less than a bachelor's degree. In other words, the record lacks 
sufficiently detailed information to distinguish the proffered position as unique from or more 
complex than positions that can be performed by persons without at least a bachelor's degree in a 
specific specialty, or its equivalent. As the petitioner fails to demonstrate how the proffered position 
is so complex or unique relative to other positions within the same occupational category that do not 
require at least a baccalaureate degree in a specific specialty or its equivalent for entry into the 
occupation in the United States, it cannot be concluded that the petitioner has satisf ied the second 
alternative prong of 8 C.P.R. § 214 .2(h)(4)(iii)(A)(2). 
(b)(6)
NON-PRECEDENT DECISION 
Page 17 
The record contains no evidence that the petitioner has ever previously hired anyone to fill the 
proffered position, and the petitioner has not, therefore, provided any evidence for analysis under the 
criterion at 8 C.F.R. § 21 4.2(h)(4)(iii)(A)(3). While a petitioner may believe or otherwise assert that 
a proffered position requires a degree in a specific specialty, that opinion alone without 
corroborating evidence cannot establish the position as a specialty occupation. Were USCIS limited 
solely to reviewing a 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 
employer artificially 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 387. In other words, if a petitioner's degree 
requirement is only symbolic and the proffered position does not in fact require such a specialty 
degree or its equivalent to perform its duties, the occupation would not meet the statutory or 
regulatory definition of a specialty occupation. See section 21 4(i)(l) of the Act; 8 C.F.R. § 
21 4.2(h)(4)(ii) (defining the term "specialty occupation"). Here, the petitioner has failed to establish 
the referenced criterion at 8 C.F.R. § 214. 2(h)(4)(iii)(A)(3) based on its normal hiring practices. 
Finally, we will address the alternative criterion at 8 C.F.R. § 214. 2(h)(4)(iii)(A)(4), which is 
satisfied if the petitioner establishes that the nature of the specific duties is so specialized and 
complex that knowledge required to perform them is usually associated with the attainment of a 
baccalaureate or higher degree in a specific specialty or its equivalent. 
Again, relative specialization and complexity have not been sufficiently developed by the petitioner 
as an aspect of the proffered position. 
The duties of the proffered position, such as enhancing product workflow by analyzing and 
developing logistics plans ; performing analysis and preparing statistical data for contract 
negotiations; creating and reviewing procedures for distribution and inventory management; 
researching and identifying logistical areas for process improvement and cost savings; providing 
information on the tracking of product shipments, returns, and inventory; and evaluating exis ting 
capabilities and establishi ng new systems and processes for the tracking, measurements, reporting 
and analysis of all traffic contain no indication of a nature so specialized and complex they require 
knowledge usually associated attainment of a minimum of a bachelor's degree in a specific specialty 
or its equivalent. 
In other words, the proposed duties have not been described with sufficient specificity to show that 
they are more specialized and complex than the duties of logistician positions that are not usually 
associated with at least a bachelor's degree in a specific specialty or its equivalent. 
The evidence of record does not, therefore, satisf y the criterion at 8 C.F.R. § 21 4.2(h )( 4 )(iii)(A)( 4). 
(b)(6)
NON-PRECEDENT DECISION 
Page 18 
The pet1t10ner has failed to establish that it has satisfied any of the criteria at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A) and, therefore, it cannot be found that the proffered position qualifies as a 
specialty occupation. The appeal will be dismissed and the petition denied for this reason. 
V. ADDITION AL BASES 
The record suggests an additional issue that was not addressed in the decision of denial but that, 
nonetheless, also precludes approval of this visa petition. 
The regulation at 8 C.F.R. § 21 4.2(h)(4)(i)(B)(1) stipulates the following: 
Before filing a petition for H-1B classification in a specialty occupation, the 
petitioner shall obtain a certification from the Department of Labor that it has filed a 
labor condition application in the occupational specialty in which the alien(s) will be 
employed. 
While the U.S. Department of Labor (DOL ) is the agency that certifies LCAs before they are 
submitted to USCIS, the DOL regulations note that it is within the discretion of the U.S. Department 
of Homeland Security (DHS) (i.e., its immigration benefits branch, USCIS) to determine whether 
the content of an LCA filed for a particular Form I-12 9 actually supports that petition. See 20 
C.F.R. § 655.705(b ), which states, in pertinent part: 
For H-1B visas ... DHS accepts the employer's petition (DHS Form I-12 9) with the 
DOL certified LCA attached. In doing so, the DHS determines whether the petition 
is supported by an LCA which corresponds with the petition, whether the occupation 
named in the [LCA] is a specialty occupation or whether the individual is a fashion 
model of distinguished merit and ability, and whether the qualifications of the 
nonimmigrant meet the statutory requirements of H-1B visa classification .... 
[Italics added] 
As was noted above, the LCA submitted with the visa petition is certified for a market research 
analyst position or marketing specialist position. However, we have found that the duties of the 
proffered position demonstrate that it is a logistician position. As such, the LCA submitted does not 
correspond to the visa petition. The visa petition will therefore also be denied pursuant to 8 C.F.R. 
§ 214.2(h)(4)(i)(B)(l) and 20 C.F.R. § 655.705(b). 
VI. CONCL USION 
An application or petition that fails to comply with the technical requirements of the law may be 
denied by us even if the service center does not identify all of the grounds for denial in the initial 
decision. See Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025 , 1043 (E.D. Cal. 
(b)(6)
NON-PRECEDENT DECISION 
Page 19 
2001), aff d, 345 F.3d 683 (9th Cir. 2003); see also Soltane v. DOl, 381 F.3d 143, 145 (3d Cir. 2004) 
(noting that we conduct appellate review on a de novo basis). 
Moreover, when we deny a petition on multiple alternative grounds, a plaintiff can succeed on a 
challenge only if it shows that we abused our discretion with respect to all of the enumerated 
grounds. See Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d at 1043, aff d. 345 F.3d 
683. 
We recognize that this is an extension petition. The director's decision does not indicate whether 
she reviewed the prior approval of the previous nonimmigrant petition filed on behalf of the 
beneficiary. If the previous nonimmigrant petition was approved based on the same evidence 
contained in the current record, that approval would constitute material and gross error on the part of 
the director. We are not required to approve applications or petitions where eligibility has not been 
demonstrated, merely because of prior approvals that may have been erroneous. See, e.g. Matter of 
Church Scientology International, 19 I&N Dec. 593, 597 (Comm'r 1988). It would be absurd to 
suggest that USCIS or any agency must treat acknowledged errors as binding precedent. Sussex 
Engg. Ltd. v. Montgomery, 825 F.2d 10 84, 1090 (6th Cir. 19 87), cert. denied, 485 U.S. 10 08 (19 88). 
A prior approval does not compel the approval of a subsequent petition or relieve the petitioner of its 
burden to provide sufficient documentation to establish current eligibility for the benefit sought. 55 
Fed. Reg. 2606, 2612 (Jan. 26, 199 0). 
Furthermore, our authority over the service centers is comparable to the relationship between a court 
of appeals and a district court. Even if a service center director had approved the instant 
nonimmigrant petition on behalf of the beneficiary, we would not be bound to follow the 
contradictory decision of a service center. Louisiana Philharmonic Orchestra v. INS, 2000 WL 
282785 (E.D. La.), aff d, 248 F.3d 11 39 (5th Cir. 2001), cert. denied, 122 S.Ct. 51 (2001). The prior 
approval does not preclude USCIS from denying an extension of the original visa based on 
reassessment of petitioner's qualifications. See Texas A&M Univ. v. Upchurch, 99 Fed. Appx. 556, 
2004 WL 1240482 (5th Cir. 2004). 
The director's decision will be affirmed and the petition will be denied for the above stated reasons, 
with each considered as an independent and alternative basis for the decision. In visa petition 
proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. 
Section 291 of the Act, 8 U.S.C. § 136 1; Matter of Otiende, 26 I&N Dec. 12 7, 12 8 (BIA 2013 ). 
Here, that burden has not been met. 
ORDER: The appeal is dismissed. The petition is denied.