dismissed H-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
In Re: 17245696 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAY 25, 2021 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonirnrnigrant classification 
for specialty occupations. 1 The H-lB 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 Vermont Service Center Director denied the petition, concluding that the Petitioner did not 
establish that the proffered position is a specialty occupation. In these proceedings , it is the Petitioner's 
burden to establish eligibility for the requested benefit by a preponderance of the evidence. 2 
Upon de novo review, we will dismiss the appeal. 3 
I. LEGAL FRAMEWORK 
According to the filing requirements for applications and petitions found at 8 C.F.R. § 103.2(b)(l) , 
... [ a ]n applicant or petitioner must establish that he or she is eligible for the requested 
benefit at the time of filing the benefit request and must continue to be eligible through 
adjudication. Each benefit request must be properly completed and filed with all initial 
evidence required by applicable regulations and other USCIS instructions . Any 
evidence submitted in connection with a benefit request is incorporated into and 
considered part of the request. 
The regulations require that before filing a Form 1-129, Petition for a N onimrnigrant Worker , a 
petitioner obtain a certified labor condition application (LCA) from the Department of Labor (DOL) 
in the occupational specialty in which the H-lB worker will be employed. 4 Additionally, a petitioner 
submits the LCA to the DOL to demonstrate that it will pay an H-lB worker the higher of either the 
1 See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b) , 8 U.S.C. § 1101(a)(l5)(H)(i)(b). 
2 See section 291 of the Act; Matter ofChawathe , 25 I&N Dec. 369, 375 (AAO 2010). 
3 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
4 See 8 C.F.R. § 214.2(h)(4)(i)(B). 
prevailing wage for the occupational classification in the area of employment or the actual wage paid 
by the employer to other employees with similar duties, experience, and qualifications. 5 
Section 101(a)(l5)(H)(i)(b) of the Act defines an H-lB nonirnrnigrant as a foreign national "who is 
corning temporarily to the United States to perform services ... in a specialty occupation described in 
section 214(i)(l) ... "(emphasis added). Section 214(i)(l) of the Act, 8 U.S.C. § 1184(i)(l), defines the 
term "specialty occupation" as an occupation that requires "theoretical and practical application of a 
body of highly specialized knowledge, and 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 section 214(i)(l) of the Act but adds a 
non-exhaustive list of fields of endeavor. In addition, 8 C.F.R. § 214.2(h)(4)(iii)(A) provides that the 
proffered position must meet one of four criteria to qualify as a specialty occupation position. 6 Lastly, 
8 C.F.R. § 214.2(h)(4)(i)(A)(J) states that an H-IB classification may be granted to a foreign national 
who "will perform services in a specialty occupation ... " ( emphasis added). 
Accordingly, to determine whether the Beneficiary will be employed in a specialty occupation, we 
look to the record to ascertain the services the Beneficiary will perform and whether such services 
require the theoretical and practical application of a body of highly specialized knowledge attained 
through at least a bachelor's degree or higher in a specific specialty or its equivalent. Without 
sufficient evidence regarding the duties the Beneficiary will perform, we are unable to determine whether 
the Beneficiary will be employed in an occupation that meets the statutory and regulatory definitions of 
a specialty occupation and is a position that also satisfies at least one of the criteria at 8 C.F.R. 
§ 214.2(h)( 4)(iii)(A). The services the Beneficiary will perform in the position determine: (1) the normal 
minimum educational requirement for entry into the particular position, which is the focus of criterion 
1; (2) industry positions which are parallel to the proffered position and thus appropriate for review 
for a common degree requirement, under the first alternate prong of criterion 2; (3) the level of 
complexity or uniqueness of the proffered position, which is the focus of the second alternate prong 
of criterion 2; ( 4) the factual justification for a petitioner normally requiring a degree or its equivalent, 
when that is an issue under criterion 3; and ( 5) the degree of specialization and complexity of the 
specific duties, which is the focus of criterion 4. 7 
Further, as recognized by the court inDefensor v. Meissner, 201 F.3d 384, 87-88 (5th Cir 2000), where 
the work is to be performed for entities other than the petitioner, evidence of the client companies' job 
requirements is critical. The court held that the former Immigration and Naturalization Service had 
reasonably interpreted the statute and regulations as requiring the petitioner to produce evidence that 
a proffered position qualifies as a specialty occupation on the basis of the requirements imposed by 
the entities using the beneficiary's services. Id. Such evidence must be sufficiently detailed to 
demonstrate the type and educational level of highly specialized knowledge in a specific discipline 
that is necessary to perform that particular work. 
5 See section 212(n)(l) of the Act, 8 U.S.C. § 1182(n)(l)(A); 20 C.F.R. § 655.731(a). 
6 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with the statutory and regulatory definitions of a specialty occupation under 
section 214(i)(l) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). We construe the term "degree" 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 COip. 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"). 
7 See 8 C.F.R. § 214.2(h)(4)(iii)(A). 
2 
By regulation, the Director is charged with determining whether the petition involves a specialty 
occupation as defined in section 214(i)(l) of the Act. 8 The Director may request additional evidence 
in the course of making this determination. 9 
II. ANALYSIS 
Upon review of the record in its totality, we conclude that the Petitioner has not established the services 
the Beneficiary will perform, which precludes a determination of whether the proffered position 
qualifies as a specialty occupation under sections 10l(a)(l5)(H)(i)(b), 214(i)(l) of the Act; 8 C.F.R. 
§ 214.2(h)(4)(i)(A)(l), 8 C.F.R. § 214.2(h)(4)(ii) and (iii)(A). 10 
The Petitioner, a software development and consulting company, indicated on the Form I-129 that the 
Beneficiary would be assigned to work offsite. The Petitioner noted that the Beneficiary would be 
placed with the end-client,I I through contractual agreements with I I 
(mid-vendor) andl I (the end-client's managed services provider (MSP)). The 
Petitioner identified the Beneficiary's work location asl !Virginia, at the end-client's facility. 
The Petitioner designated the position on the certified LCA as a standard occupational classification 
(SOC) code 15-1199.08, "Business Intelligence Analysts." 11 The Petitioner claims the position 
requires a bachelor's degree in computer science, information technology, computer information 
systems, or related. 
A. Substantive Nature 
The record includes several different descriptions for the proposed job duties as well as different 
requirements creating inconsistencies regarding the services the Beneficiary will be required to 
perform and his role within the Petitioner's organization and at the end-client's facility. In the initial 
letter in support of the petition, the Petitioner stated the Beneficiary would serve as a team member 
for its ongoing project with the following responsibilities: 
• Work closely with business users and analyse [sic] business and functional 
requirements and translate these requirements into robust, scalable, operable 
Business Intelligence solutions. 
• Translate requirements into a robust set of dashboard reporting and analytic 
deliverables, primarily using the Business Intelligence tool like Tableau. 
• Work with ETL backend team and ensure that target tables are created in Oracle 
database for consumption in Tableau reports. 
• Manage testing environments, deployment, schedule the build/deployment and 
provide stable environment to both Business and QA team. 
8 See 8 C.F.R. § 214.2(h)(4)(i)(B)(2). 
9 See 8 C.F.R. § 103.2(b)(8). 
10 The Petitioner submitted documentation in the underlying record to support the H-lB petition, including evidence 
regarding the proffered position and its business operations. Although we may not discuss every document submitted, we 
have reviewed and considered each one. 
11 ONET Online recently updated the SOC codes. The "Business Intelligence Analysts" occupation code is now 
15-2051.01. See https://www.onetonline.org/ Archive_ ONET-SOC _ 2010 _Taxonomy_ 09 _ 2020/link/summaiy/15-
1199.08. 
3 
• Study existing business model, data, applications, Standard Operating Procedures 
(SOP) and Key Performance Indicators (KPI) and come up with robust solution for 
good functional specifications. 
• Collect, analyse [sic], share data to help business teams drive improvement in key 
business metrics, operational effectiveness and business results. 
• Create and implement interactive data visualization dashboard using Tableau and 
reports that creatively meet the needs of stakeholders. 
• Develop, implement and maintain a process to manage and prioritize the intake of 
Tableau requests for work (RFW). Design an RFW that includes asking the 
requestor how the Tableau Dashboard / Report is going to be used [-] goal is to 
ensure that we are developing Tableau / Dashboard / Reports that actually will be 
used. 
• Review existing Tableau Dashboard/ Reports with original requestors to determine 
whether they are still in use, needs enhancement or retire the dashboard report. 
• Create quick/context/global filters, parameters, calculated fields, actions, LOD, 
Data blending, groups, sets and hierarchies in Tableau dashboard reporting. 
The Petitioner's initial description appears to generally focus on the use of Tableau, a common data 
analytics software tool used in business. The description does not appear to involve managing a 
particular project or team. The generic nature of this description does not demonstrate the duties the 
Beneficiary will perform require a bachelor's degree in a specific specialty, or its equivalent. 
The initial record also included an itinerary for the Beneficiary noting his academic credentials and 
experience and indicating that he would divide his time among the following responsibilities 
(paraphrased and bullet points added): 
• Prepare and Plan Project- 15% 
• Business Requirement Gathering and Analysis - 15% 
• Design and Development - 35% 
• Quality Testing - 20% 
• Process, Policy and Standards - 5% 
• Deployment to Production - 5% 
• Production Support and Customer Services - 5% 
The Petitioner added detail under each of the above headings. For example, the Petitioner noted that 
the Beneficiary would lead a reporting team, work with offshore personnel, as well as incorporating 
some of the tasks outlined in its initial support letter. However, some of the duties detailed under a 
particular heading changed the focus of the Beneficiary's role. As noted above, the initial description 
does not show the Beneficiary in a lead role, however, the Petitioner refers to his lead role in the 
itinerary description. Also, the Petitioner initially stated that the Beneficiary would spend time 
managing testing environments, deployment, scheduling the build/deployment, and providing a stable 
environment to both the Business and QA team; however, the detailed list of tasks under the heading 
"Quality Testing" included tasks showing the Beneficiary actually performing the testing, such as 
validating and performing internal testing, coordinating and actively participating in testing, and 
recommending and ensuring quality metrics are documented and tracked. The internal inconsistencies 
4 
between the duties described in the support letter and on the itinerary raise questions regarding the 
actual services the Petitioner expects the Beneficiary to perform. 
Creating further ambiguity in the record regarding the substantive nature of the position the Petitioner, 
in response to the Director's request for evidence (RFE), 12 sometimes refers to the proffered position 
as a "systems analyst." More telling is the Petitioner's statements that the DOL's Occupational 
Outlook Handbook (Handbook) reports that the "Business Intelligence Analysts" occupation usually 
has a bachelor's degree, typically in computer science, software engineering, or a related field. 13 The 
Petitioner continues its discussion of the Handbook by continuing to quote the Handbook's report on 
"How to Become a Computer Systems Analyst." 14 The "Computer Systems Analysts" occupation, 
SOC code 15-1211, 15 however, is different than the "Business Intelligence Analysts" occupation, SOC 
code 15-2051.01. 16 In addition, to the different duties, requirements, and focus of each occupation, a 
"Computer Systems Analysts" occupation requires a significantly higher wage than a "Business 
Intelligence Analysts" occupation. 17 Thus, if the Petitioner believes the proffered position more 
closely corresponds to the "Computer Systems Analysts" occupation, than it has not provided a 
certified LCA that supports the petition. 18 
The information from the end-client and the MSP initially submitted with the petition does not appear 
to coincide with the Petitioner's expectation of the Beneficiary's services and role at the end-client 
12 The Petitioner also provide an affidavit signed by its president repeating the duties described in the initial letter in support 
of the petition. 
13 The Handbook does not include this statement in reference to the "Business Intelligence Analysts" occupation. The 
Handbook is a career resource offering information on hundreds of occupations. However, there are occupational 
categories which the Handbook does not cover in detail, and instead provides only summary data, such as the "Business 
Intelligence Analysts" occupation. See Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, 
Data for Occupations Not Covered in Detail, https://www.bls.gov/ooh/about/data-for-occupations-not-covered-in­
detail.htm#Computer and mathematical occupations (last visited May 25, 2021 ). The limited information for this 
occupation indicates "bachelor's degree" in the education field but does not identify a specific specialty, as the statutory 
and regulatory definitions require to establish a position as a specialty occupation. 
14 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Computer Systems Analysts, 
https://www.bls.gov/ooh/computer-and-information-technology/computer-systems-analysts.htm#tab-4 (last visited May 
25, 2021). 
15 ONET Online recently updated the SOC codes. The "Computer Systems Analysts" occupation code is now 15-1211. 
See https://www.onetonline.org/Archive_ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2020/link/summary/15-1121. 
16 As noted above, ONET Online updated the "Business Intelligence Analysts" occupation code to 15-2051.01. See 
https://www.onetonline.org/Archive _ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2020/link/summary/15-1199.08. 
17 A Computer Systems Analysts" occupation, SOC 15-1121 requires a higher annual wage ($81,536) than an "Business 
Intelligence Analysts" occupation, SOC code 15-1199.08 ($76,419) in the area and time period of the work certified on 
the LCA. See Foreign Labor Certification Data Center Online Wage Libra1y at 
https://www.flcdatacenter.com/OesQuickResults.aspx?code= l 5-l 12 l&area~&year=20&source= 1. 
18 Such a wage disparity highlights the difference between the "Computer Systems Analysts" and "Business Intelligence 
Analysts" occupational categories generally, and more specific to this case, the significance of the Petitioner's choice of 
the lower paying occupational categ01y. We observe in general, if the duties of a proffered position involve more than one 
occupational category (i.e., "Business Intelligence Analysts" and "Computer Systems Analysts"), the DOL's "Prevailing 
Wage Determination Policy Guidance" states that the employer "should default directly to the relevant O*NET-SOC 
occupational code for the highest paying occupation." See U.S. Dep't of Labor, Emp't & Training Admin .. Prevailing 
Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009); 
http://flcdatacenter.com/download/NPWHCGuidance _Revised_ I I_ 2009 .pdf 
5 
facility. 19 The record includes a letter from the end-client which identified the proposed project as 
improving its operations and expenses in several areas. In the June 3, 2020 letter from the end-client's 
MSP, the MSP noted that the Beneficiary is currently performing services as a product manager at the 
end-client's facility and indicated that "[t]his product owner will help to 'run the engine' so to speak, 
while focusing on the modernization of systems." The MSP indicated that the "ideal candidate" would 
have experience with A WS, IM MQ, Aurora or Postgre, Writing stories in Gherkin, Jira, managing 
1-2 engineering teams, etc. The MSP listed the requirements as "[s]trong background in Product 
Management (not executive or senior level, 5-10 years preferred)." The MSP did not mention Tableau 
and did not include a requirement for a bachelor's degree. 
In a letter dated October 1, 2020 submitted in response to the Director's RFE, the MSP listed the duties 
the Petitioner described in its initial letter in support of the petition but did not identify any 
requirements to perform the position. The MSP did not explain the addition of duties or the omission 
of information regarding the requirements to perform the duties. The Petitioner re-submits this letter 
as well as mid-vendor's letter and the Petitioner's affidavit on appeal. We note that none of these 
documents provide the context for these duties within a specific project at the end-client's facility. 
To determine whether a particular job qualifies as a specialty occupation, we do not simply rely on a 
position's title. The specific duties of the proffered position, combined with the nature of the 
petitioning entity's business operations, are factors to be considered. We must examine the ultimate 
employment of the individual and determine whether the position qualifies as a specialty 
occupation. 20 In this matter the Petitioner provides inconsistent information regarding the duties of 
the position and does not clarify or explain how the inconsistent descriptions describe the same 
position. Moreover, other than the end-client's broad statement that the proposed project entails 
improving its operations and expenses and the MSP's initial statements that "[t]his product owner will 
help to 'run the engine' so to speak, while focusing on the modernization of systems," there is no 
evidence of the project to which the Beneficiary will be assigned. The record does not include 
information or comprehensible updates on the stage or phase of the project, the resources needed for 
the project, or an explanation of how the Petitioner's descriptions of duties correlate to the project. 
The record does not include probative, consistent evidence of the Beneficiary's proposed role and 
level of responsibility within the project. 21 The record does not include information on how many of 
the Petitioner's employees other than the Beneficiary, if any, are assigned to the end-client project. 22 
The lack of information and context, along with the inconsistent information from both the Petitioner 
and the MSP regarding the proposed position, undermine the Petitioner's claims regarding the nature 
of the position. Without consistent and detailed descriptions and some framework regarding the 
project, there is insufficient information to understand the substantive nature of the proposed position, 
19 The mid-vendor adopted the Petitioner's description of duties in the initial letter in support of the petition but did not 
identify any requirements necessary to perform the tasks it described. 
20 See generally Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000). 
21 Although the Petitioner provided a partial organization chart, the Beneficiary is depicted as one of 65 resources reporting 
to one of three group leads who are part of the Business/Systems Analyst group. 
22 The Petitioner, on appeal, contends that it n01mally requires a bachelor's degree or its equivalent to perform the position 
here and refers to info1mation previously submitted regarding other employees. However, the record does not include 
descriptions of the duties of the other employees, the projects to which the employees were assigned, or other details that 
would assist in establishing the Petitioner's normal hiring requirements for this position. We point out the first major 
hurdle to establishing its normal hiring requirements for this and similar positions, is that the duties here are inconsistently 
described. Thus, an accurate comparison of this position to others is not possible. 
6 
to ascertain requirements needed to perform the position, and to determine whether the certified LCA 
corresponds to and supports the petition. 23 
B. Minimum Requirements 
The record also does not include a consistent description of the requirements to perform the duties of 
the position. Nor does the Petitioner submit probative evidence establishing that the duties require a 
bachelor's degree in a specific specialty in order to perform the position. 
The Petitioner initially stated that the position requires a bachelor's degree in computer science, 
information technology, computer information systems, or related. On appeal, the Petitioner's 
president enlarges the acceptable fields of study by stating that the Beneficiary "should have attained 
at the minimum, a Bachelor's degree or equivalent in the field of Business Administration in 
Information Technology, 24 Computer Science, Electronics or a related field" to perform the initially 
described duties. The Petitioner's June 1, 2020 advertisement for the position states that the minimum 
requirement is a bachelor's degree in computer science, electronics and communication, a related field 
or relevant experience. These varied acceptable and general fields of study create further ambiguity 
in the record regarding the substantive nature of the position. It is not possible to identify and analyze 
the focus of the position beyond concluding that it is a general technology position. 25 
Additionally, as noted above, where the work is to be performed for entities other than the petitioner, 
evidence of the client companies' job requirements is critical. Here, the letters from the end-client 
and the mid-vendor do not mention any requirements to perform the position. However, in the MSP's 
initial letter, the MSP only referred to knowledge in a number of software applications and frameworks 
that would be nice to have and noted that the position required a strong background in product 
management. The MSP did not clearly define the number of years of experience that would be 
required to perform the duties it described. As noted above, the MSP did not indicate that the 
Beneficiary required knowledge of Tableau, the software tool referenced in the Petitioner's description 
23 The LCA serves as the critical mechanism for enforcing section 2 l 2(n)( I) of the Act, 8 U.S.C. § l l 82(n)( I). See Labor 
Condition Applications and Requirements for Employers Using Nonimmigrants on H-IB Visas in Specialty Occupations 
and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States, 65 Fed. 
Reg. 80,110, 80, 110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56) (indicating that the wage 
protections in the Act seek "to protect U.S. workers' wages and eliminate any economic incentive or advantage in hiring 
temporary foreign workers" and that this "process of protecting U.S. workers begins with [the filing of an LCA] with 
[DOL ]."). While DOL is the agency that certifies LCA applications before they are submitted to USCIS, DOL regulations 
note that the Department of Homeland Security (DHS) (i.e., its immigration benefits branch, USCIS) is the depaiiment 
responsible for dete1mining whether the content of an LCA filed for a particular F01m 1-129 actually supp01is that 
petition. See 20 C.F.R. § 655.705(b). The regulation at 20 C.F.R. § 655.705(b) requires that USCIS ensure that "the 
petition is supported by an LCA which corresponds with the petition .... " 
24 It is not clear whether the Petitioner finds a general business administration bachelor's degree acceptable to perform the 
position; however, if so, we note that a bachelor's degree in business administration is inadequate to establish that a position 
qualifies as a specialty occupation. We have consistently stated that, 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 conclusion that a particular position qualifies for classification as a specialty occupation. 
Royal Siam Corp., 484 F.3d at 147. 
25 There are a number of technology positions and such positions have different academic and experience requirements, as 
well as requiring different rates of pay. Without an understanding of the Beneficiary's specific duties within the context 
of the Petitioner's business operations and the Beneficiary's proposed assignment, we cannot ascertain the substantive 
nature of the position and conclude that the proposed position is a specialty occupation. 
7 
of duties and it did not state that the position required a bachelor's degree, let alone a bachelor's degree 
in a specific specialty, or its equivalent. These inconsistencies raise farther questions regarding the 
nature of and requirements for the actual position. 
The Petitioner, on appeal, also appears to rely on the Beneficiary's master's degree in business 
administration, his foreign degree evaluated to be the equivalent of a bachelor's degree in computer 
science, and his five to six years of experience in the required technologies as evidence that the position 
is a specialty occupation. However, that the Beneficiary took courses and has experience that prepared 
him to perform the duties described is not relevant to establishing the position as a specialty occupation. 
The test to establish a position as a specialty occupation is not the skillset or education of a proposed 
beneficiary, but whether the position itself qualifies as a specialty occupation. Thus, whether or not 
the Beneficiary in this case has completed a specialized course of study directly related to the proffered 
position is irrelevant to the issue of whether the proffered position qualifies as a specialty occupation, 
i.e., whether the duties of the proffered position require the theoretical and practical application of a 
body of highly specialized knowledge and the attainment of a bachelor's degree or higher in a specific 
specialty, or its equivalent. Section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). Here, as discussed, 
the Petitioner has not established the substantive nature of the position and has not consistently 
described the duties associated with the project at the end-client facility so that we may conclude that 
the proffered position as described requires a bachelor's degree in a specific specialty, or its equivalent. 
We also reviewed the opinion authored by~------~ I repeats the Petitioner's 
initial 10-point list of proposed duties and opines that the position of business intelligence analyst 
requires theoretical and practical knowledge attained by a bachelor's degree in computer science, 
computer engineering, or a closely related field. Although I I notes that the skills needed 
for the position are developed in the junior and senior years of study in an undergraduate program in 
computer science, computer engineering, or a closely relate field; and that two of the job 
responsibilities in the description "require knowledge of a complete software development life cycle, 
that are acquired by a combination of academics, specialized training and/or hands on professional 
experience,"! I does not discuss, offer analysis, or otherwise provide a foundation for these 
conclusions. Additionally, I I does not explain what he means by "a combination of 
academics, specialized training and/or hands on professional experience." Nor does he discuss any 
methodologies or standards used to assess and allocate these different methods of acquiring 
knowledge. He does not provide a comprehensive discussion and analysis of why this position is 
specialized and complex or unique. 
~---~I repeatedly concludes that the proffered position and a business intelligence analyst 
occupation require a bachelor's degree in computer science, computer engineering, or a closely related 
field, without providing the necessary analysis and foundation to support his opinion. He does not 
discuss the various iterations of the Petitioner's descriptions, including the Petitioner's inconsistent 
claim that the position is a systems analyst occupation, and he does not consider or is unaware of the 
information initially provided by the MSP regarding the position. He does not discuss or offer analysis 
of why working with a commonly used software tool, such as Tableau, which appears to be the focus 
of the initially described position, would require more than a certification and some experience in the 
use of the tool. He does not discuss why any other methods could not lead to a sufficiently similar 
knowledge-set. For example, through several years of experience building the necessary skills and 
knowledge to perform in the position. Consequently, he does not account for obvious alternative 
8 
explanations. 26 A lack of sufficient consideration of alternatives is a basis that can adversely affect 
the evidentiary weight of such an opinion. 27 
.__ ___ ___.~ also appears to confuse the ability of a person with a computer science or computer 
engineering degree to perform the duties of the proffered position with a degree requirement in order 
to perform the duties. While he may draw inferences that computer science or computer engineering 
courses, whether in the junior or senior year of the undergraduate program, may be beneficial in 
performing certain duties of the position, we disagree with any inference that a such a degree is 
required in order to perform the duties of the proffered position. Put simply, stating that a person with 
a bachelor's degree in computer science or computer engineering could perform the duties of the 
proffered position is not the same as stating that such a degree is required to perform those duties. 
The record does not include sufficient evidence to demonstrate that the duties as inconsistently 
described require a bachelor's degree in computer science or computer engineering, rather than 
certifications in software technology and tools and some experience utilizing those technologies and 
tools. 
III. CONCLUSION 
Upon review of the totality of the evidence submitted, the Petitioner has not met the requirements 
described in Section 212(n)(l) of the Act; 20 C.F.R. § 655.73 l(a) or 8 C.F.R. § 103.2(b)(l). Nor has 
the Petitioner provided sufficient consistent information to establish the substantive nature of the duties 
the Beneficiary will perform or established the minimum degree requirements for the position. We are 
unable to determine the substantive nature of the work and whether the Beneficiary will be employed in 
a position that satisfies at least one of the criteria at 8 C.F.R. § 214.2(h)( 4)(iii)(A) and an occupation that 
meets the statutory and regulatory definitions of a specialty occupation as defined by section 2 l 4(i)(l) of 
the Act, 8 U.S.C. § 1184(i)(l), 8 C.F.R. § 214.2(h)(4)(ii), and (iii)(A). In visa petition proceedings, it is 
the petitioner's burden to establish eligibility for the immigration benefit sought. 28 The Petitioner has 
not met that burden. 
ORDER: The appeal is dismissed. 
26 See Claar v. Burlington N.R.R., 29 F.3d 499,502 (9th Cir. 1994). 
27 See Ambrosini v. Labarraque, 101 F.3d 129, 140 (D.C. Cir. 1996). 
28 See Section 291 of the Act, 8 U.S.C. § 1361. 
9