dismissed H-1B Case: Social Science Research

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-&S-S-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: Nov. 29,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a social science research company, seeks to temporarily employ the Beneficiary as a 
grant writer under the H -1 B nonimmigrant classification for specialty occupations. See Immigration 
and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The H­
IB program allows a U.S. employer to temporarily employ a qualified foreign worker in a position 
that requires both (a) the theoretical and practical application of a body of highly specialized 
knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner did not establish that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and 
asserts that the Director erred in denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. 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: 
Matter of J-&S-S-, Inc. 
(1) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. · 
8 C.P.R.§ 214.2(h)(4)(iii)(A). U.S. Citizenship and Immigration Services (USCIS) has consistently 
interpreted the term "degree" in the criteria at 8 C.P.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. Chertojf, 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree 
requirement in a specific specialty" as "one that relates directly to the duties and responsibilities of a 
particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H -1 B petition, the Petitioner stated that the Beneficiary will serve as a "grant writer." In 
response to the Director's request for evidence (RFE), the Petitioner provided the following job 
duties for the position: 
Proposed Duties/Position Requirements !Percentage of Time 
!Devoted to the 
!Duty 
1. Support and assist the project Director and research team of 15% 
[the Petitioner's] staff in planning, scheduling, and developing the 
research methodologies, strategies, tasks/timelines and conceptual 
frameworks of specified research and evaluation proposals. Work 
on teams with local and state agencies in research partner 
collaborations to develop proposals to seek funding for specific 
criminal justice interventions from state, federal, and private 
foundation funders. Specialize in developing comprehensive and 
integrated budgets for operational and research proposals. 
2. Coordinate day-to-day technical activities of research proposal 15% 
development including reviewing, analyzing, and summarizing 
literature, creating update status and conceptual presentations and 
briefing papers and materials, preparing for institutional review 
2 
Matter of J-&S-S-, Inc. 
boards, and conducting directed and self-initiated research into 
potential matching funding opportunities. 
3. Work collaboratively in office and field setting with all levels 25% 
of law enforcement, criminal justice, social services, and 
technology professionals to implement the tasks and work plans 
of awarded grants to improve operations and achieve desired 
outcomes. Coordinate and oversee systems to help project tea.ms 
manage and stay on schedule with the proposed timelines. 
4. Incorporate use of technology, including software and 5% 
hardware, to maximize efficiency, effectiveness and performance 
of research, evaluation, and consulting tasks. 
5. Coordinate day-to-day administrative tasks of research projects 25% 
including preparing drafts of required programmatic and fiscal 
reporting, assisting with facilitating consultant team member 
interactions, and identifying potential resources to support 
projects. 
6. Support the project team in preparing interim and final reports 10% 
of projects for publication in technical, field, and mass market 
journals for presentation to agency requesting project, or for use 
in further applied or theoretical researchr.] 
7. Participate in fact-finding, marketing and dissemination efforts 5% 
at meetings, workshops, and conferences, as a representative of 
[the Petitioner]. 
The Petitioner provided two different minimum entry requirements for the proffered position. In its 
initial letter of support, the Petitioner stated that the minimum entry requirement for the proffered 
position is a minimum of one year of post-graduate education in business administration, criminal 
justice, or a related field, an4 at least two years of experience in grant administration or the criminal 
justice system. Then, in response to the RFE, the Petitioner stated that the minimum entry 
requirement for the proffered position is a master's degree in criminal justice and at least two years 
of grant writing and administration experience. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation.
1 
Specifically, the record does not establish that the job duties require an educational background, or 
its equivalent, commensurate with a specialty occupation? 
1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
2 The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 
Matter of J-&S-S-, Inc. 
As a preliminary matter, we observe that the Petitioner provided inconsistent minimum requirements 
for entry into the proffered position. First, the Petitioner stated that one year of post-graduate 
education in business administration, . criminal justice, or a related field is required; then, the 
Petitioner stated that a master's degree in criminal justice is required. On appeal, the Petitioner did 
not provide sufficient clarification on its minimum requirements for entry into the proffered position. 
"[I]t is incumbent upon the petitioner to resolve the inconsistencies by independent objective 
evidence." Matter of Ho, 19 I&N Dec. 582, 591 (BIA 1988). Any attempt to explain or reconcile 
such inconsistencies will not suffice unless the petitioner submits competent objective evidence 
pointing to where the truth lies. ld. at 591-92. 
Given the Petitioner's first assertion that one year of post-graduate education in business 
administration, criminal justice, or a related field, is required for entry into the proffered position, we 
find that the Petitioner has not effectively claimed that the proffered position requires a minimum of 
a bachelor's degree in a specific specialty or its equivalent. To the contrary, the Petitioner stated that 
it would find acceptable a degree in business administration, criminal justice, or a related field. 
Here, we note that a petitioner must demonstrate that the proffered position requires a precise and 
specific course of study that relates directly and closely to the position in question. Since there must 
be a close correlation between the required specialized studies and the position, the requirement of a 
degree with a generalized title, such as business administration, without further specification, does 
not establish the position as a specialty occupation. Cf Matter of Michael Hertz Assocs., 19 I&N 
Dec. 558, 560 (Comm'r 1988). To prove that a job requires the theoretical and practical application 
of a body of highly specialized knowledge as required by section 214(i)(l) of the Act, a petitioner 
must establish that the position requires the attainment of a bachelor's or higher degree in a 
specialized field of study or its equivalent. 
USCIS interprets the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to require a degree in a 
specific specialty that is directly related to the proposed position. Although a general-purpose 
bachelor's degree, such as a degree in business administration, may be a legitimate prerequisite for a 
particular position, requiring such a degree, without more, will not justify a finding that a particular 
position qualifies for classification as a specialty occupation. Royal Siam Corp. v. Cherto.ff, 484 
F.3d 139, 147 (1st Cir. 2007).3 The Petitioner in this matter claims that the duties ofthe proffered 
3 Specifically, the judge explained in Royal Siam, 484 F.3d at 147, that: 
The courts and the agency consistently have stated that, although a general-purpose bachelor's degree, 
such as a business administration degree, may be a. legitimate prerequisite for a particular position, 
requiring such a degree, without more, will not justify the granting of a petition for an H-1 B specialty 
occupation visa. See, e.g., Tapis lnt'lv. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000); ,)hanti, 36 F. 
Supp. 2d at 1164-66; cf Matter of Michael Hertz Assocs., 19 I & &N Dec. 558,560 ([Comm'r] 1988) 
(providing frequently cited analysis in connection with a conceptually similar provision). This is as it 
should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by 
the simple expedient of creating a generic (and essentially artificial) degree requirement. 
4 
,.--------------------------------
Matter of J-&S-S-, Inc. 
position can be performed by an individual with only a general-purpose bachelor's degree, i.e., a 
bachelor's degree in business administration, with one year of post-graduate study in the same 
general-purpose area of study. Without more, this assertion alone indicates that the profiered 
position is not in fact a specialty occupation. 
Nevertheless, we will continue our analysis of whether the· proffered position qualifies as a specialty 
occupation for the purpose of performing a comprehensive analysis. We will next discuss the record 
of proceedings in relation to the four criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). We will conduct this 
analysis pursuant to the assumption, made arguendo, that the wide variety of degrees the Petitioner 
indicates would be a sufficient educational qualification for the proffered position does not 
disqualify it from being found to be a specialty occupation position. 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate 
or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for 
entry into the particular position. To inform this inquiry, we recognize the U.S. Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and 
educational requirements of the wide variety of occupations that it addresses.4 
On the labor condition application (LCA) submitted in support of the H-lB petition, the Petitioner 
designated the proffered position under the occupational category "Technical Writers" 
corresponding to the Standard Occupational Classification code 27-3042.5 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
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. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and USC IS regularly reviews the Handbook on the duties and 
educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the 
burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
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 a description ~f 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 she 
will be closely supervised and her work closely monitored and reviewed for accuracy; and (3) that she will receive 
specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://flcdatacenter.com/download/NPWHC_Guidance_Revised_ll_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 ofthe Petitioner's job opportunity. !d. 
5 
(b)(6)
Matter of J-&S-S-, Inc. 
. 
A college degree is usually required for a position as a technical writer. In addition, 
experience with a technical subject, such as computer science, Web design, or 
engineering, is important. 
Education 
Employers generally prefer candidates with a bachelor's degree in journalism, 
English, or communications. Many technical writing jobs require both a degree and 
knowledge in a specialized field, such as engineering, computer science, or medicine. 
Web design experience also is helpful because of the growing use of online technical 
documentation. 
Training 
Many technical writers need short-term on-the-job training to adapt to a different 
style of writing. 
Licenses, Certifications, and Registrations 
Some associations, including the Society for Technical Communication, offer 
certifi~ation for technical writers. In addition, the American Medical Writers 
Association offers extensive continuing education programs and certificates in 
medical writing. These certificates are available to professionals in the medical and 
allied scientific communication fields. 
Although not mandatory, certification can demonstrate 
professionalism, making candidates more attractive to employers. 
a technical writer's opportunities for advancement. 
competence and 
It can also increase 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Technical Writers, http://www.bls.gov/ooh/media-and-communication/technical-writers.htm#tab-4 
(last visited Nov. 22, 2016). 
When reviewing the Handbook, we must note that the Petitioner designated the proffered position 
under this occupational category at a Level I on the LCA. Based upon the Petitioner's designation of 
the proffered position as a Level I position (relative to others with the occupation) it does not appear 
that the Beneficiary will serve in a senior role or in a position that performs more technical research 
that requires a master's degree.6 
6 We note that the prevailing wage of$33,862 per year on the LCA corresponds to a Level I position for the occupational 
category, Technical Writers, for Florida. We further note that the Petitioner proposes to pay the 
Beneficiary at a rate of $60,000, which is slightly lower than a Level IV wage ($61, I 31 per year). Nevertheless, the 
wage level designation on the LCA must correspond to the duties and requirements of the proffered position. We are not 
in a position to speculate as to why the Petitioner proposes to pay the Beneficiary a wage in excess of the prevailing 
(b)(6)
Matter of J-&S-S-, Inc. 
The Handbook reports that the requirements for technical writers vary by subject. The Handbook 
also states that technical writers usually need a college degree to enter the occupation, and that 
employers generally prefer degrees in journalism, English, or communications. In addition, the 
Handbook reports that some technical writing jobs also require a degree and knowledge in the 
specialized field or area in which the position focuses. For example, the Handbook states that a 
degree in engineering, computer science, or medicine could be required if the position focused on 
those areas of study. However, although the Handbook states that technical writers usually need a 
college degree, it also specifies that the requirements for these positions vary by subject and that 
degrees in various fields are acceptable for jobs in this occupation (e.g., journalism, English, or 
communications). 
The narrative of the Handbook further indicates that the Society for Technical Communication offers 
a' certification for technical writers. The Handbook reports that certification is not required, but it 
can demonstrate competence and professionalism, making candidates more attractive to employers 
and providing more opportunities for advancement. The Handbook further notes that the American 
Medical Writers Association provides certification in medical writing, which is available to 
professionals in the medical and allied scientific communication fields. 7 
We reviewed the Society for Technical Communication (STC) website regarding its requirements 
for professional certification. 8 The STC website does not indicate that technical writer positions 
have any particular degree requirements for entry, nor does it indicate that these positions require a 
degree to be identified as qualified and possessing a level of expertise/competence. 
In certain instances, the Handbook is not determinative. When the Handbook does not support the 
proposition that a proffered position is one that meets the statutory and regulatory provisions of a 
specialty occupation, it is incumbent upon the Petitioner to provide persuasive evidence that the 
proffered position more likely than not satisfies this or one of the other three criteria, 
notwithstanding the absence of the Handbook's support on the issue. In such case, it is the 
Petitioner's responsibility to provide probative evidence (e.g., documentation from other objective, 
authoritative sources) that supports a finding that the particular position in question qualifies as a 
specialty occupation. 
On appeal, the Petitioner references the and lists 
examples of educational and task requirements for positions similar to the proffered position. 
According to the Petitioner, one of the educational requirements for positions similar to the proffered 
position is: 
wage for a Level I position. 
7 Since the Petitioner has not indicated that the Beneficiary wi.ll be working within the medical and allied scientific 
fields, we will not discuss the requirements for this certification. 
8 For additional information regarding the Society for Technical Communication and its credentialing programs, see the 
website at https://www.stc.org/ (last visited Nov. 22, 20 16). 
(b)(6)
Matter of J-&S-S-, Inc. 
Bachelor's (B.A. or B.S.) degree from four-year college or university in Public 
Administration, Business Administration or related field. A minimum of two (2) 
years of experience in grant management, budget analysis or other related grant 
expenence. Additional years of experience may substitute for up to two (2) years of 
education. 
We reviewed the website regarding its requirements for professional certification. 9 The 
website states that the professional credential is the grant industry 
standard for professionals in government and philanthropy, and documents that the professional has 
demonstrated proficiency in grant researching, proposal writing, budgeting, and professional ethics. 
According to the website, the requirements for certification are as follows: 
• A Bachelor ' s Degree is strongly recommended, but not required. 
• A strong math aptitude (Algebra I) is recommended to be successful. 
• Knowledge of AP A style prior to attending the Review Course IS strongly 
recommended. 
• The minimum age to sit for the is 21 years old by the date of the 
exam. 
• Proof of identity and minimum age must be shown to the proctor prior to sitting 
for the exam. 
• Only members of may sit for the 
Thus, the Handbook , STC, and do not support the claim that the "Technical Writers" 
occupational category is one for which normally the minimum requirement for entry is a 
baccalaureate degree (or higher) in a specific specialty, or its equivalent. 
The Petitioner has not provided documentation from a probative source to substantiate an assertion 
that the minimum requirement for entry into this particular position is a bachelor's degree in a 
specific specialty. Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(J). 
B. Second Criterion 
The second criterion presents two, alternative prongs: "The degree requirement is common to the 
industry in parallel positions among similar organizations or, in the alternative, an employer may 
show that its particular position is so complex or unique that it can be performed only by an 
individual with a degree[.]" 8 C.P.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
9 For additional information regarding the and its credentialing programs , see the 
website at (last visited Nov . 22, 20 16). 
Matter of J-&S-S-, Inc. 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requirement, factors often considered by 
USCIS include: whether the Handbook reports that the industry requires a degree; whether the 
industry's professional associati9n 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)(quotingHird/BlakerCorp. v. Sava, 712F. Supp.1095, 1102(S.D.N.Y.1989)). 
Here and as already discussed, the Petitioner has not established that its proffered position is one for 
which the Handbook (or other independent, authoritative source) reports an industry-wide requirement 
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. Also, there are no submissions from the industry's 
professional association indicating that it has made a degree a minimum entry requirement. 
In support of its assertion that the degree requirement is common to the Petitioner's industry in 
parallel positions among similar organizations, the Petitioner submitted copies of advertisements for 
positions, all entitled Grant Writer. None of the advertisements submitted provide sufficient 
information regarding the advertising organizations to establish that the advertising organizations are 
similar to the Petitioner. That is, the record does not demonstrate that the advertising organizations 
are similar in type, scope, and size to this Petitioner. Further, some of the advertisements list a 
requirement for a bachelor's degree, but not for a degree in any specific specialty. Two of the 
advertisements require a bachelor's degree in business or public administration, or a related field, 
and two years of experience; another advertisement requires a bachelor's degree in business 
administration, English, or a related field, and five years of experience; another advertisement 
requires a bachelor's degree in criminology and three years of experience; and another advertisement 
requires a bachelor's degree in community planning, public administration, or a related field, and 
two years of experience. 
Here, while some of the advertisements generally require a bachelor's degree in public 
administration, business administration, English, community planning, criminology, or a related 
field, they afso require experience of at least two to five years in addition to the bachelor's degree. 
The Petitioner here has designated.the proffered position as a wage Level I on the LCA (the lowest 
of four assignable wage levels), a wage level that only requires a basic understanding of the 
occupation, which is in contrast to some of the advertised positions that are for more senior 
positions. Further, four of the advertisements state that experience may substitute the education 
9 
Matter of J-&S-S-, Inc. 
requirements for the positions, which does not demonstrate that a requirement of a bachelor's or 
higher degree in a specific specialty, or its equivalent, is common to parallel positions with 
organizations that are in the Petitioner's industry and otherwise similar to the Petitioner. We also 
note that the various degree requirements listed in the job advertisements such as English and 
criminology do not appear to be closely related. 
For these reasons, the Petitioner has not satisfied the criterion of the first alternative prong of 
8 C.P.R.§ 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.P.R. § 214.2(h)(4)(iii)(A)(2), which is 
satisfied if the Petitioner shows that its particular position is so complex or unique that it can be 
performed only by an individual with at least a bachelor's degree in a specific specialty, or its 
equivalent. 
In this matter, the evidence of record does not distinguish the proffered position as unique from or 
more complex than other positions in the same occupation that can be performed by persons without 
at least a bachelor's degree in a specific specialty, or its equivalent. 
It does not credibly demonstrate relative complexity or uniqueness as aspects of the proffered position. 
Specifically, it is unclear how the proffered position, as described, necessitates the theoretical and 
practical application of a body of highly specialized knowledge such that a person who has attained a 
bachelor's or higher degree in a specific specialty or its equivalent is required to perform them. Rather, 
we find that, as reflected in this decision's earlier quotation of duty descriptions from the record of 
proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the "Technical Writers" occupational category, which, the Handbook indicates, do not 
necessarily require a person with at least a bachelor's degree in a specific specialty or its equivalent 
to enter those positions. 
To begin with, the record does not credibly demonstrate exactly what the Beneficiary will do on a 
day-to-day basis such that complexity or uniqueness can even be determined. That is, while the 
Petitioner claims that the position involves "prepar[ing] grant projects and grant applications, by 
drafting narratives and budgets, developing program concepts, creating timelines, and submitting the 
grant application packet," the Petitioner does not demonstrate how the grant writer's duties described 
require the theoretical and practical application of a body of highly specialized kvowledge such that 
a bachelor's or higher degree in a specific specialty, or its equivalent, is required to perform them. 
This is further evidenced by the LCA submitted by the Petitioner in support of the instant petition. 
Again, the LCA indicates that, relative to other positions located within the "Technical Writers" 
occupational category, the Beneficiary would perform only routine tasks that require limited, if any, 
exercise of judgment; close supervision of work, monitored and reviewed for accuracy; and the 
receipt of specific instructions on required tasks and expected results. Without further evidence, the 
10 
Matter of J-&S-S-, Inc. 
evidence does not demonstrate that the proffered position is so complex or unique as such a position 
falling under this occupational category would likely be classified at a higher-level, such as a Level 
III (experienced) or Level IV (fully competent) position. 10 For example, a Level IV (fully 
competent) position is designated by DOL for employees who "use advanced skills and diversified 
knowledge to solve unusual and complex problems." 
The Petitioner claims that the Beneficiary is well-qualified for the position, and references her 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position, and it did not identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. 
Accordingly, the Petitioner has not satisfied the second alternative prong of 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
On appeal, the Petitioner submits eight resumes for its claimed current staff to demonstrate the 
company's dedication to employing highly skilled and qualified individuals. However, the 
Petitioner did not submit documentary evidence of the claimed educational credentials listed in each 
resume, nor did the Petitioner submit any evidence that it actually currently employs, or has ever 
employed, the individuals for whom it submitted resumes. In any event, the degrees listed on the 
resumes are in a variety of specialties such as criminal justice; American history; public policy; 
criminology, law, and society; sociology; political science; history; law; economics; and biomedical 
science. The Petitioner has not demonstrated how the seemingly disparate specialties it has accepted 
for the proffered position are directly related to the duties and responsibilities of the particular 
position such that it normally requires a bachelor's or higher degree in a specific specialty, or its 
equivalent, under its own standards. Further, most of the individuals listed on the resume do not 
appear to work as grant writers for the Petitioner. 
10 The issue here is that 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, it is important to note that a Level I wage-designation does not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), such a position 
would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent, for entry. Similarly, 
however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty occupation if that 
higher-level position does not have an entry requirement of at least a bachelor's degree in a specific specialty or its 
equivalent. That is, a position's wage level designation may be a consideration but is not a substitute for a determination 
of whether a proffered position meets the requirements of section 214(i)( I) of the Act. 
II 
Matter of J-&S-S-, Inc. 
As the Petitioner does not submit probative evidence that demonstrates the academic qualifications 
of individuals previously or currently employed in a grant writer position, the Petitioner has not 
satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 11 
D. 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 asserts that the job duties of the proffered position are specialized and complex. We refer 
to our earlier comments and findings with regard to the implication of the Petitioner's designation of the 
proffered position in the LCA as a Level I wage, and hence one not likely distinguishable by relatively 
specialized and complex duties. We have also reviewed the Petitioner's description of duties for the 
proffered position, including the Petitioner's expanded version of the description submitted in response 
to the Director's RFE. While we understand that the Beneficiary must have technical knowledge in 
order to perform some of these duties, the Petitioner has not sufficiently explained how these duties 
require the theoretical and practical application of a body of highly specialized knowledge, and the 
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 Petitioner has not demonstrated in the record that its 
proffered position is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(4). 
IV. CONCLUSION 
As discussed· above, the Petitioner has not demonstrated that the proffered position qualifies as a 
specialty occupation. 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, that burden 
has not been met. 
11 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, 20 I 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 214(i)( I) of the Act; 8 C.F.R. § 214.2(h)( 4 )(ii) (defining the term "specialty 
occupation"). 
12 
Matter of J-&S-S-, Inc. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-&S-S-, Inc., ID# 109351 (AAO Nov. 29, 2016) 
13