dismissed H-1B Case: Staffing And Recruiting

U.S. Citizenship 
and Immigration 
Services 
In Re: 18182528 
Appeal of Nebraska Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 13, 2021 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonirnrnigrant classification 
for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 
8 U.S.C. § 1101(a)(15)(H)(i)(b). The H-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 Nebraska 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. 1 
Upon de nova review, we will dismiss the appeal. 2 
I. LEGAL FRAMEWORK 
Section 101(a)(15)(H)(i)(b) of the Act defines an H-lB nonimmigrant as a foreign national "who is 
coming 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)(I) 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 . 3 Lastly, 
1 See section 291 of the Act; Matter ofChawath e, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
3 8 C.F.R. § 214.2(h)(4)(iii)(A) must be read with the statutory and regulatory definitions ofa 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 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"). 
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). 
Section 101(a)(l5)(H)(i)(b) of the Act defines an H-lB nonimmigrant as a foreign national "who is 
coming 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. 4 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. 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. 5 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 a position that also satisfies at least one of the criteria 
at 8 C.F.R. § 214.2(h)(4)(iii)(A). 
The regulations require that before filing a Form I-129, Petition for a Nonimmigrant Worker, a 
petitioner obtain a certified labor condition application (LCA) from the Department of Labor (DOL) 
in the occupational specialty in which the H-IB worker will be employed. 6 Additionally, a petitioner 
submits the LCA to the DOL to demonstrate that it will pay an H-lB worker the higher of either the 
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. 7 
4 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"). 
5 See 8 C.F.R. § 214.2(h)(4)(iii)(A). 
6 See 8 C.F.R. § 214.2(h)(4)(i)(B). 
7 See section 212(n)(l) of the Act, 8 U.S.C. § l 182(n)(l)(A); 20 C.F.R. § 655.73 l(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 
For the reasons set out below, we determine that the proffered position does not qualify as a specialty 
occupation. Specifically, the record contains insufficient information regarding the proffered position, 
which in turn precludes us from understanding the position's substantive nature and determining 
whether the proffered position qualifies as a specialty occupation under sections l O l (a)(l 5)(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). 
The Petitioner states on the Form I-129 that it is a staffing and recruiting company and that it intends 
to employ the Beneficiary as an "accounts coordinator." On the LCA submitted in support of the H-1 B 
petition, the Petitioner designates the proffered position under the occupational category "Sociologists" 
corresponding to the standard occupational classification (SOC) code 19-3041, at a level I wage. 
A. Nature of the Position 
The Petitioner initially provided a broad description of the proffered position listing 14 proposed 
duties. The Petitioner indicated that the Beneficiary will: alleviate clinical staffing deficits in hospitals 
associated with one of its accounts to include evaluating number of job requests, submittals, and offers; 
manage relationships with its accounts to include working with account managers at the managed 
services programs; re-distribute clinical resources throughout the United States focusing on staffing; 
manage data from Salesforce reports to identify demands and placement issues or healthcare resources; 
and, match nurses with hospitals. These duties involve the logistics of moving and placing nurses to 
the locations and facilities that need them. The Petitioner did not identify how much time the 
Beneficiary will spend on any of these tasks. The initial description is general and could encompass 
a number of occupations, such as a "Medical and Health Services Managers" occupation, SOC code 
11-9111, 10 among other managerial or human resources occupations. 11 As the duties are insufficiently 
8 See 8 C.F.R. § 214.2(h)(4)(i)(B)(2). 
9 See 8 C.F.R. § 103.2(b)(8). 
10 See O*NET's Summary Report for "Medical and Health Services Managers" at 
https://www.onetonline.org/link/summary/l l-9 l l l.OO (last visited Sep. 13, 2021 ). For example, tasks within this 
occupation include: "[ d]evelop and maintain computerized record management systems to store and process data, such as 
personnel activities and information, and to produce reports"; and "[p ]repare activity reports to inform management of the 
status and implementation plans of programs, services, and quality initiatives." We note the "Medical and Health Services 
Managers" occupation requires a significantly higher wage than the "Sociologists" occupation. See Foreign Labor 
Certificatiol}---Da.t::\ Center Online Wage Library at https:/ /www.flcdatacenter.com/OesQuickResults.aspx?code= 11-
9111 &area=l______!&year=20&source= 1. 
11 See also O*NET's Summary Report for "Administrative Services Managers" at 
https://www.onetonline.org/Archive_ ONET-SOC_2010_Taxonomy _09 _2020/link/summary/11-3011.00. This 
occupation includes tasks such as: "[p ]repare and review operational reports and schedules to ensure accuracy and 
efficiency;" and "[a]nalyze internal processes and recommend and implement procedural or policy changes to improve 
operations, such as supply changes or the disposal of records. We note this occupation also requires a significantly higher 
wage than the "Sociologists" occupation. See Foreign Labor Certificaµ.un....qata Center Online Wage Library at 
https://www.flcdatacenter.com/OesQuickResults.aspx?code=l 1-3011 &area=l.__J&year=20&source=l; See also 
3 
detailed, we cannot conclude the duties are the duties of a "Sociologists" occupation, the occupation 
designated on the certified LCA. As the time allocated to perform the tasks is not included, we also 
cannot discern the order of importance or frequency of occurrence ( e.g., regularly, periodically, or at 
irregular intervals) with which the Beneficiary will perform the tasks described. Thus, the initial 
record does not identify the focus of the proffered position which further limits analysis of the nature 
and scope of the position. 
Similarly, the Petitioner stated that the Beneficiary will modernize the way care is delivered to 
hospitals, research the industry to evaluate new relationships to increase jobs available to nurses, 
evaluate internal processes to suggest process improvements to increase efficiency, evaluate the 
quality of care in hospitals, and onboard new facilities by ensuring the Petitioner has current 
compliance checklists, timekeeping, and billing information. These tasks are also insufficiently 
detailed to ascertain either the application of knowledge needed to perform the duties, or the 
occupation and wage level required. For example, the Petitioner did not identify the tasks involved in 
modernizing delivery of care or in evaluating the quality of care in hospitals. Additionally, evaluating 
new relationships to increase jobs appears to focus on business development, marketing, or sales of 
the Petitioner's services. Onboarding new facilities appears to be more administrative in nature and 
evaluating and suggesting internal process improvements appears to involve research and analysis of 
the Petitioner's operations. Again, the Petitioner did not allocate the Beneficiary's time to these 
various undefined duties and the duties appear to incorporate duties from a number of different 
occupations. 12 
Even though the Petitioner initially stated that the Beneficiary will "[ a ]nalyz[ e] the socioeconomic 
reasons on gaining access to job postings for clinical needs in all hospitals across the United States, 
and strategiz[ e] on how to resolve this problem," it did not identify how much time the Beneficiary 
will spend on this limited task. Moreover, the task itself is vague and does not include sufficient 
information to demonstrate that such a task requires a bachelor's degree in a specific specialty, or that 
it is a task that corresponds to a "Sociologists" occupation. In response to the Director's request for 
evidence (RFE), the Petitioner revised this discrete task and referred to the task as "Project l" 13 which 
will involve an analysis of diversity, equity, and inclusion as well as safety and incident reporting 
trends per facility health system. The Petitioner again did not identify how much time the Beneficiary 
O*NET's Summary Report for "Human Resources Specialists" at https://www.onetonline.org/link/summary/13-1071.00 
(last visited Sep.13, 2021). This occupation includes tasks such as "[p]repare or maintain employment records related to 
events, such as hiring, termination, leaves, transfers, or promotions, using human resources management system software"; 
"[r]eview employment applications and job orders to match applicants with job requirements"; "[s]elect qualified job 
applicants or refer them to managers, making hiring recommendations when appropriate"; and "[ d]evelop or implement 
recmiting strategies to meet current or anticipated staffing needs." 
12 See O*NET Summary Report for "Operations Research Analysts." SOC code 15-2031 at 
https://www.onetonline.org/link/summary/15-2031.00; for "Human Resources Specialists" SOC code 13-1071 at 
https://www.onetonline.org/link/summary/13-1071.00; for "Sales Managers" SOC code 11-2022 at 
https://www.onetonline.org/link/summary/1 l-2022.00; and for "Marketing Managers SOC code 11-2021 at 
https://www.onetonline.org/link/summary/1 l-2021.00, (last visited Sep. 13, 2021). We note that we are not required to 
identity the appropriate corresponding SOC code and occupation, rather it is the Petitioner's burden to establish that the 
ce1iified LCA supports the position described in the petition. In this matter, the record lacks sufficiently detailed 
descriptions to establish the proffered position is a "Sociologists" occupation and thus, that the submitted LCA supports 
the petition. 
13 We note that the Petitioner removed the phrase "on gaining access to job postings" in its description of the project. As 
the duty and project descriptions are vague and general, the effect of this revision on the nature of the position is unclear. 
4 
would devote to project 1 in comparison to the three other projects listed. On appeal, the Petitioner 
provides yet another revision to what began as a discrete task, morphed into a specific project, and 
then on appeal becomes the "Beneficiary's principal role on projects [which] is to analyze 
socioeconomic factors related to hiring of nurses, starting from job postings, to analyzing applicants, 
extending offers, and retaining highly skilled and qualified nurses." Each of the Petitioner's revisions 
regarding the one initial duty that includes the word "socioeconomic" changes the focus of the 
proffered position. However, the Petitioner cannot offer a new position to the Beneficiary, or 
materially change a position's title, its level of authority within the organizational hierarchy, the 
associated job responsibilities, or the requirements of the position. Rather, the Petitioner must 
establish that the position offered to the Beneficiary when the petition was filed merits classification 
for the benefit sought. 14 A petitioner may not make material changes to a petition in an effort to make 
a deficient petition conform to USCIS requirements. 15 
The Petitioner's initial description ( and the subsequent revisions to one of the initial duties) is 
insufficient to establish that the proffered position falls within the parameters of a "Sociologists" 
occupation and moreover lacks the necessary detail to establish the substantive nature of the proposed 
position. 
On appeal, the Petitioner complains that the Director did not conduct an individualized determination of 
its evidence, ignored its detailed and annotated job description, 16 and incorrectly concluded that the 
proffered position does not relate to the "Sociologists" classification, and therefore is not a specialty 
occupation. We emphasize that it is the Petitioner that must provide sufficient evidence of the actual 
duties so that those duties may be analyzed to determine if the duties are the duties of a "Sociologists" 
occupation, the occupation designated on the LCA. And further whether the duties as described require 
a bachelor's level degree in a specific discipline, or the equivalent to perform the duties. We reviewed 
the description provided in response to the Director's RFE to better understand the nature of the proposed 
position. 
In addition to the revision to the initial description discussed above, the revised description does not assist 
in establishing the nature of the position. In the first part of the new description, the Petitioner identified 
five broad responsibilities, repeating or paraphrasing some of the initial 14 duties. Secondly the Petitioner 
identified tasks and allocated the Beneficiary's time to those tasks. The Petitioner indicated that the 
Beneficiary would spend 70 percent of her time executing account operations and notes that this category 
includes: 
• Streamline and support the submittal process while maximizing submittals to total 
available jobs 
• Drive net new offers and execute contracts, including extensions for retention metrics 
• Manage relationships with up to three health care channel partners and associated 
accounts within six months, effectively managing time, tasks, and resources 
independently 
14 See Matter of Michelin Tire Corp., 17 I&N Dec. 248,249 (Reg'l Comm'r 1978). 
15 See Matter of Izurnrni, 22 I&N Dec. 169, 176 (Assoc. Comm'r 1998). 
16 We note that the Director listed the duties provided in response to the RFE in the decision and thus did not ignore the 
Petitioner's description. 
5 
• Hit or exceed time to submit targets, offers, and extensions on a monthly & annual 
basis 
• Effectively cultivate internal partnerships with Nurse Advocates & Clinical Success 
Partners to nurture and place [the Petitioner's] nurses 
• Subject matter expert in the following technical tools: Salesforce CRM, Asana, 
Airtable , Front and Looker 
Not only does this description appear to incorporate new tasks , it also does not assist in ascertaining 
the substantive nature of the position such that we can conclude the position is a "Sociologists" 
occupation . Nor does it contribute to an understanding of the application of knowledge necessary to 
perform the tasks. Some of the tasks such as hitting targets and maximizing submittals focus on results 
or outcomes, rather than the process undertaken to achieve such outcomes or results . Other tasks are 
vague and do not communicate the actual duties to be performed but generally indicate that the 
Beneficiary will manage relationships with health care partners and accounts and cultivate internal 
partnerships, duties that fall within the parameters of a number of occupations and may or may not 
require a specialty occupation's level of knowledge in a specific discipline. Other tasks such as driving 
new offers and executing contracts do not appear to be the tasks of a sociologist but rather relate to 
sales. Finally, the Petitioner does not explain why using third-party technical tools and technologies 
must be learned through a bachelor's degree program rather than through ce1tifications or trainings on 
the tools and technologies . As the tasks in this section of the description are not clearly described we 
cannot ascertain whether the tasks are operational, administrative, or analytical. The nature of the 
position and required level of knowledge is not readily discemable . These tasks , which take up 70 
percent of the Beneficiary's time, do not convey the nature and scope of the proposed position within 
the Petitioner's staffing and recruiting operation and do not provide sufficient information to conclude 
that the position requires the theoretical and practical application of highly specialized knowledge and 
attainment of at least a bachelor's degree in a specific specialty or its equivalent. 
The Petitioner added that the Beneficiary will spend 20 percent of her time on account relationships 
and indicated this includes implementing and maintaining relationships with key health care facilities 
and MSP (managed services program) contacts . The Petitioner also identified its largest client, a 
managed services program platform that hospitals use to fulfill health care staffing needs. Again, the 
Petitioner did not divulge the tasks involved in implementing and maintaining relationships. Although 
the Petitioner noted that the Beneficiary will use Salesforce to manage a staffing pipeline, 
documentation, and account status , it did not establish that using Salesforce requires a specialty 
occupation's level of knowledge in a specific specialty . 
Lastly, the Petitioner stated that the Beneficiary will spend 10 percent of her time executing team and 
individual process improvements. Rather than describing specific tasks involved in this category , the 
Petitioner set forth goals such as identifying and implementing "at least three specific process 
improvements around submittal (time to fill), offers (offer to contract), and extension (retention) each 
year. " As this goal is provided without specific context and explanation, we cannot discern what tasks 
are involved in trying to reach this goal. The Petitioner also indicated that the Beneficiary would 
participate in product development , testing , and scaling team processes but does not include useful 
information demonstrating the tasks involved or the level of responsibility in the Beneficiary's 
participation . 
6 
In sum, the duties are not sufficiently described to demonstrate that they correspond to the SOC code 
designated on the LCA and to conclude that the duties demonstrate that performing the duties described 
would require the theoretical and practical application of highly specialized knowledge and attainment 
of at least a bachelor's degree in a specific specialty or its equivalent. See section 214(i)( 1) of the Act; 
8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation). 
In the third part of the description provided in response to the Director's RFE, the Petitioner stated 
that the Beneficiary will perform the tasks described above in furtherance of four projects. Again, 
without sufficient information regarding the tasks we are unable to ascertain whether those duties 
require at least a baccalaureate degree in a specific specialty, or its equivalent, as required for 
classification as a specialty occupation. Even reviewing the projects to which the Beneficiary will be 
assigned does not provide sufficient information to discern the focus of the Beneficiary's position 
within the context of the Petitioner's staffing and recruiting business . 
For example, as previously referenced, the first project is labeled "[a]nalyzing the socioeconomic 
reasons for clinical needs in all hospitals across the United States, and strategizing on how to resolve 
this problem." As determined above, this broad topic, coupled with the vague duties, is insufficient 
to convey the work the Beneficiary will be expected of perform, the role and level of responsibility 
within the business operations, and whether specialized knowledge is necessary to perform the tasks. 
The three remaining projects are similarly described, are for the same client but are applicable to three 
different regions in the United States, and are at different stages. The Petitioner stated that: to prepare 
the project, data will be assembled; to implement the project, materials will be created for the team to 
source and submit qualified nurses, changes in credentialing data will be maintained, and relationships 
with account partners will be built; to execute the project start and end dates of contracts will be 
coordinated, nurses will be cleared for compliance, submission volume will be monitored, and 
contracts will be created for nurses to sign; project monitoring will include nurses' clearances and 
changes in start dates; and data analysis will follow the close of the project which is in progress for 
one of the regions. One of the regional projects appears to be at the implementation stage and the last 
project was supposed to start in March 2020 and be completed in May 2020. 
This project cycle does not include sufficient evidence to conclude that an individual involved in the 
projects needs a particular degree or will be performing sociologist's duties. Again, some of the tasks 
appear to be administrative in nature, such as maintaining the credentialing data, monitoring 
clearances , and coordinating the start and end dates of contracts . The Petitioner has not established 
that routine administrative tasks as generally described require a specialized degree in order to perform 
them. Similarly , other tasks, such as assembling and updating data may involve the use of third-party 
technical tools, but the record does not include evidence that such tasks require a bachelor's-level 
degree in a specific specialty. Likewise, vaguely indicating that relationships will be built with 
account partners does not provide the necessary information to conclude that bachelor's-level 
specialized knowledge must be applied in order to build those relationships. 
Here, the job and project descriptions do not communicate (1) the actual work the Beneficiary would 
perform in the position; (2) the complexity , uniqueness and/or specialization of the tasks; or (3) the 
7 
correlation between that work and a need for a particular level of education of highly specialized 
knowledge in a specific specialty. 17 
B. Comparison Tables 
On appeal, the Petitioner provides two tables that compare either the position's duties or the position's 
projects to some of the 14 tasks of a "Sociologists" occupation as listed in the O*NET summary report 
for the occupation. For example, the Petitioner indicates that"[ a ]nalyz[ing] the socioeconomic reasons 
on gaining access to job postings for clinical needs in all hospitals across the United States, and 
strategiz[ing] on how to resolve this problem," compares to the O*NET's tasks of"[c]ollaborate with 
research workers in other disciplines" and "[ c ]onsult with and advise individuals such as 
administrators, social workers, and legislators regarding social issues and policies, as well as the 
implications of research findings." However, a broad overview of a task as set out in either the 
Petitioner's description or in the O*NET's overview of the occupation does not provide enough detail 
to identify particular tasks in carrying out these broadly stated processes. Moreover, the Petitioner 
does not identify who amongst the research workers in other disciplines the Beneficiary will 
collaborate with. Similarly, the Petitioner does not indicate that the Beneficiary will consult with and 
advise legislators or social workers. Though the Beneficiary may consult with and advise 
administrators on social issues and policies, this generic duty encompasses duties that fall within 
higher-paying occupations, as well as lower-paying occupations. That is, we cannot conclude from 
the insufficiently defined duty that it is properly categorized as the task of a sociologist. 
The Petitioner also identifies other of its general duties as corresponding to O*NET tasks involving 
data collection, observing group interaction, developing problem intervention procedures, and 
developing approaches to solutions of group problems. The imprecision of the Petitioner's 
descriptions of its particular position obfuscates the nature of the position rather than explaining the 
actual duties the Beneficiary will be expected to perform. The lack of specificity of the Petitioner's 
description is not alleviated by comparing the description to a few tasks listed in an overview of an 
occupation which includes a range of potential tasks rather than specific duties. Again, the Petitioner's 
descriptions and comparisons do not adequately convey the duties of this position so that we can 
ascertain the substantive nature of the position and conclude that the position is a "Sociologists" 
occupation and that the duties require the application of a body of specialized knowledge attained through 
the completion of a bachelor's degree in a specific specialty, or its equivalent. 
The Petitioner also lists the Beneficiary's coursework that it claims have prepared the Beneficiary to 
perform the position. However, while one or several of the Beneficiary's courses may have prepared her 
to perform the proffered position, the Petitioner has not demonstrated how an established curriculum of 
17 Although the Petitioner provides samples of the Beneficiary's work product, the work product does not evidence the 
application of knowledge of specialized knowledge required to produce it. The Petitioner claims that the examples consist 
of identifying a problem, solving the problem, and then implementing the solution. The samples do include proposals and 
recommendations for actions however, they do not assist in identifying the Beneficiary's proposed role, level of 
responsibility, or suggest that the Beneficiary requires a specific degree in order to recognize and recommend 
improvements. Moreover, identifying problems and providing solutions are duties that more closely correspond to 
"Operations Research Analysts" or "Management Analysts" occupations. See O*NET Summary Report for "Operations 
Research Analysts" SOC code 15-2031 at https://www.onetonline.org/link/summary/15-2031.00, and "Management 
Analysts" SOC code 13-1111 at https://www.onetonline.org/link/summary/13-l 111.00 (last visited Sep. 13, 2021 ). 
8 
such courses leading to a baccalaureate or higher degree in a specific specialty, or its equivalent, is 
required in order to perform the duties of the proffered position. Additionally, the test to establish a 
position as a specialty occupation is not the skill set or education of a proposed beneficiary, but 
whether the position itself qualifies as a specialty occupation. The Petitioner has not established the 
proffered position is a specialty occupation. 
C. Position Evaluations 
On appeal, the Petitioner submits two evaluations: (1) prepared,;....-b::..Ywl ___ -,--______ ___, 
Educational Psychology and African American Studies, and (2)1 I Managing 
I I an individual who works and consults within the healthcare staffing industry. 
Director, 
~I ______ ~I repeats the Petitioner's description of duties submitted in response to the Director's 
RFE and opines that "a minimum of a Bachelor's Degree in Psychology, Sociology, Global Health, or a 
related area or the equivalent provides the student with the core competencies and skills needed for an 
Accounts Coordinator position with the responsibilities listed." 18 She also lists 15 various courses that 
could be taken in these fields that directly correspond to and prepare a student for the responsibilities of 
the position. She later refers to four courses, fundamentals of psychology research, social networks and 
health, introduction to communications, and anthropology and international health, as particular courses 
that would prepare a student for performing duties of the position. However, she does not offer an analysis 
supporting her conclusory statements. 
We understand that an individual who takes one or several of these courses may be prepared to perform 
the duties of this position; again, however, the test to establish a position as a specialty occupation is not 
the skill set 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). Neither the Petitioner norl I have adequately explained how the 
proffered position qualifies under the statutory or regulatory definition. 
We have also reviewed! ts statements that the proffered position is a position that will be 
performed by an employee with a "strong background in psychology, sociology, and global health 
concepts and principles and a great level of responsibility within the company" and that this position is a 
18 Service records show thatl I used a template with conclusory findings and little or no analysis to support 
a conclusion that the Petitioner's particular position is a specialty occupation. For example,! !repeats the 
Petitioner's description of duties, repeats the duties listed in the Handbook and the O*NET for the "Sociologists" 
occupation, lists a number of courses that may be part of a psychology, sociology, or global health major, and identifies 
four courses that may prepare an individual to perfonn the duties of this position. Service records show that this same 
template with the same language, organization, and similar conclusory statements regarding different occupations and also 
without supporting analysis has been submitted on behalf of other petitioners. The similarity in conclusions, without 
cogent analysis, strongly suggests that the authors of the opinions were asked to confirm a preconceived notion as to the 
required degrees, not objectively assess the proffered position and opine on the minimum bachelor's degree required. 
While we have reviewed the opinion presented, it has little probative value as it does not include specific analysis of the 
duties of the particular position that is the subject of this petition. 
9 
"highly skilled role." This raises questions regardin~ l's actual knowledge of the 
proposed position within the context of the Petitioner's business operations. The Petitioner has designated 
the proffered position as one that requires only a Level I wage, an entry-level position, which appears at 
odds withl l's assessment that the position has a great level of responsibility and is a 
highly skilled role. 
Inl l's evaluation of the proffered position, she notes her academic and experience qualifications, 
indicates she is self-employed as a consultant, and in June 2020 formalized an advisor relationship with 
the Petitioner in exchange for a grant to purchase stock. I I states that generally an accounts 
coordinator "is responsible for the administrative support to account executives and is a common role 
across the healthcare staffing industry." She opines, however, that the Petitioner's account coordinator is 
a specialized and differentiated role with a broader and more difficult scope of responsibilities than is 
typical in the industry. She bases this opinion on the Beneficiary's work directly with a major account 
and claims that the management of an account of this magnitude, sophistication, and diversity of 
healthcare clients and clinicians requires expertise in global health, psychology, and sociology . 
.__ ___ _.!asserts that working with the major account "requires both a broad and in-depth understanding 
of the healthcare industry" and a deep knowledge of psychology within the healthcare," and that because 
the role is client-facing, it is important to have a strong knowledge base in psychology. Although □ 
I lopines that this knowledge for the proffered position is needed because of the major account's 
diversity in staffing, because the position is client-facing, and because the role includes an expectation to 
drive process improvement initiatives and participate in product development, testing and scaling of team 
processes, she does not explain how she reached these conclusions. We understand the importance of the 
Beneficiary's proposed work, however, neither the importance of the work, nor the proffered position's 
role in itj can substitute for a detailed description of duties supporting the need for specialization. 
Although_ lmay have knowledge or was given materials by the Petitioner that more effectively 
delineate the Beneficiary's role, level of responsibility, and nature of the particular position, we have not 
been afforded the opportunity to review such information. As noted above, the record lacks sufficient 
details of the nature of the Beneficiary's work, the complexity, uniqueness and/or specialization of the 
tasks, and is ambiguous regarding the amount of independent judgment required. 19 
For the reasons discussed, we find that the professor's and I l's evaluations lend little 
probative value to the matter here. In our discretion, we may use opinion statements submitted by the 
Petitioner as advisory. 20 However, we will reject an opinion or give it less weight if it is not in accord 
with other information in the record or if it is in any way questionable. 21 We are ultimately responsible 
for making the final determination regarding an individual's eligibility for the benefit sought; the 
19 We note here that the Petitioner's designation of this position as requiring only a level I wage, conflicts with any claims 
that the position requires independent judgment. Level I wage rates are assigned to job offers for beginning level 
employees who have only a basic understanding of the occupation. These employees perform routine tasks that require 
limited, if any, exercise of judgment. These employees work under close supervision and receive specific instructions on 
required tasks and results expected. Their work is closely monitored and reviewed for accuracy. See U.S. Dep't of Labor, 
Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 
2009), available at http:/ /www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised_ 11 _ 2009 .pdf. 
20 Matter a/Caron Int'l, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). 
21 Id. 
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submission of expert opinion letters is not presumptive evidence of eligibility. 22 For the sake of 
brevity, we will not address other deficiencies within the evaluations of the proffered position. 
III. CONCLUSION 
When considered collectively, we conclude the record does not establish the substantive nature of the 
proffered position. 23 The Petitioner has not submitted consistent, corroborative evidence to adequately 
establish the substantive nature of the proffered position or demonstrate that performing the duties 
described would require the theoretical and practical application of highly specialized knowledge and 
attainment of at least a bachelor's degree in a specific specialty or its equivalent. See section 214(i)( 1) 
of the Act; 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation). Accordingly, the 
Petitioner has not established that the proffered position is a specialty occupation. 24 
ORDER: The appeal is dismissed. 
22 Id.; see also Matter of V-K-, 24 I&N Dec. 500, 502 n.2 (BIA 2008) ("[E]xpert opinion testimony, while undoubtedly a 
form of evidence, does not purport to be evidence as to 'fact' but rather is admissible only if 'it will assist the trier of fact 
to understand the evidence or to determine a fact in issue."'). 
23 Chavvathe, 25 I&N Dec. at 376. 
24 As the lack of probative and consistent evidence in the record precludes a conclusion that the proffered position is a 
specialty occupation and is dispositive of the appeal, we will not further discuss the Petitioner's assertions on appeal. 
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