dismissed H-1B Case: Supply Chain Management

MATTER OF X-P-N-A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
)DATE: FEB. 27,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a provider of metal plating for the automotive and consumer electronics industries, seeks 
to temporarily employ the Beneficiary as a supply chain analyst under the H-1 B nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(15)(H)(i)(b), 8 U.S.C. § 110l(a)(l5)(H)(i)(b). The H-1B 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, California Service Center, denied the petition concluding that the proffered position is not 
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.P.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 X-P-N-A-, 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 perfonned 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.F.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted the term "degree" in the criteria at 
8 C.F.R. § 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a 
specific specialty that is directly related to the proposed position. See Royal Siam Corp. v. Cherto{f; 
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"); Delensor v. Meissner, 
201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petition, the Petitioner stated that the Beneticiary will serve as a supply chain analyst. 
On appeal, the Petitioner provided the following job duties for the position: 
1) Conduct Material Planning and analysis (30%) 
a. Create and update MRP both by using massive formula driven excel sheet and 
by operating the modules in internal ERP system. When conducting material 
planning, this individual needs to take consideration of the customer current 
orders, forecast demand, lead time, transportation costs, on hand inventory 
etc. 
b. Plan and analyze 770 different automotive products that contributes to $121M 
estimated annual sales .... 
· c. Conduct data collection and spend analysis to find the best manufacturing 
location (out of the existing locations in China) for different products. Also 
Conduct cost-benefit analysis to select locations for future plants. 
d. Collaborate with program management and engineering teams in new 
program set-up (SOP) and Engineering Change processes. 
e. Using knowledge of [the Petitioner's] product catalog and the requirements of 
customers, identify means for shipment, taking into consideration timing and 
budgetary constraints. The completion of these duties requires attainment of 
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Matter of X-P-N-A-, Inc. 
at least a baccalaureate degree, from which the individual gained an 
understanding of global sourcing and demand planning. 
f. Manage customer relationships to ensure products orders are sent to meet 
timing demands. The completion of these duties requires attainment of at 
least a baccalaureate degree, from which the individual gained an 
understanding of warehousing, global sourcing and inventory management. 
g. 
2) Forecast inventory control/analysis for global operations (30%) 
a. Manage Inventory Control and calculate the optimized inventory level based 
on customer current orders, forecast demand, lead time, transportation costs, 
on hand inventory etc. This optimized inventory changes as the factors 
change. 
b. Manage Inventory Control for global operations. Because [the Petitioner] has 
a global operation, the lead time for our products is 13 weeks, comparing to 
the standard lead time of 4 weeks from US domestic competitors. This 
individual will need to control inventory, considering the uncertainties/risks of 
any delays during the supply chain. 
c. Develop and generate inventory analysis reports for upper management to 
identify improvement opportunities: These reports included but not limited to 
inventory overview report on all products, month-end inventory repm1, 
overstock reports, dead stock report, risk stock report. 
d. 
3) Supervise the supply chain assistant and communicate with our warehouses to 
ensure the efficiency of our daily operations ( 15%) 
a. Oversee all outbound orders for the five [Petitioner] warehouses located in the 
United States, Canada and Mexico and manage all aspects of third party 
logistics and warehouse processes. The completion of these duties requires 
attainment of at least a baccalaureate degree, from which the individual gained 
an understanding of global sourcing and inventory management. 
b. Oversee operations of five North American warehouses to ensure inventory 
control and timely release of goods to meet customer demand. The 
completion of these duties requires attainment of at least a baccalaureate 
degree, from which the individual gained an understanding of warehousing, 
global sourcing and inventory management. 
c. This individual will also need to set up procedures for some operations to 
ensure the accuracy of product movement and cost efficiency. 
d. 
4) Monitor Quality Management: This individual will need to collaborate with our 
quality manager to ensure the quality of shipped parts. This individual will also 
need to help analyze potential risks/loss on quality recalls (1 0%) 
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Matter of X-P-N-A-. Inc. 
a. Work with quality engineers to ensure the quality of goods shipped and 
evaluate opportunities for improvement. The completion of these duties 
requires attainment of at least a baccalaureate degree, from which the 
individual gained and understanding of quality requirements and sustainability 
during shipment. 
b. 
5) Understand and apply Lean/Six Sigma Principles (1 0%) 
a. Use Six Sigma principles to identify any bottlenecks that arise during 
production and delivery, and evaluate, determine, and implement means of 
solution. The completion of these duties requires attainment of at least a 
baccalaureate degree, from which the individual gained an understanding of 
quality requirements and sustainability during shipment. 
b. Provide continuous improvement strategies to ensure production and delivery 
delays are minimized, and work with management team to develop solutions 
for company-wide implementation, The completion of these duties requires 
attainment of at least a baccalaureate degree, from which the individual gained 
an understanding of international regulatory framework governing the global 
movement of products. 
c. 
6) Accounting/Finance related responsibilities (5%) 
a. Oversee the generation of purchase orders and invoices, as well as accounting 
receivables/payables. The completion of these duties requires attainment of at 
least a baccalaureate degree, from which the individual gained an 
understanding of enterprise resource planning systems. 
b. 
According to the Petitioner, the position reqmres at least a bachelor's degree m supply chain 
management or a related field. 
III. ANALYSIS 
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. 2 
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. 
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Matter of X-P-N-A-, Inc. 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J), 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. 3 
On the labor condition application (LCA)4 submitted in support of the H-IB petition, the Petitioner 
designated the proffered position under the occupational category "Logisticians" corresponding to 
the Standard Occupational Classification code 13-1081.5 
The Handbook states the following with regard to the educational qualifications necessary for 
entrance into positions located within this occupational category: 
A bachelor's degree is typically required for most positions, although an associate's 
degree may be sufficient for some logistician jobs. Industry certification and work 
experience in a related field is helpful for jobseekers. 
Education 
Logisticians may qualify for some positions with an associate's degree. However, as 
logistics becomes increasingly complex, more companies prefer to hire workers who 
3 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 we regularly review 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 .. · 
4 
The Petitioner is required to submit a certified LCA to demonstrate that it will pay an H-1 B 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 experience and qualifications who are performing the same services. See 
Matter ofSimeio Solutions, LLC, 26 I&N Dec. 542, 545-46 (AAO 20 I 5). 
· 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 of 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://tlcdatacenter.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. 
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Matter of X-P-N-A-, Inc. 
have at least a bachelor's degree. Many logisticians have a bachelor's degree in 
business, systems engineering, or supply chain management. 
Bachelor's degree programs often include coursework in operations and database 
management, and system dynamics. In addition, most programs offer courses that 
train students on software and technologies commonly used by logisticians, such as 
radio-frequency identification (RFJD). 
Licenses, Certifications, and Registrations 
Although not required, certification can demonstrate professional competence and a 
broad knowledge of logistics. Logisticians can obtain certification through APICS or 
the International Society of Logistics (SOLE). To become certified, a logistician 
typically needs to have a certain amount of education and work experience and to 
pass an exam. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Logisticians, https:/ /www. bls.gov /ooh/business-and- financial/logisticians.htm#tab-4 (last visited 
Feb. 27, 2017). 
When reviewing the Handbook, we note that the Petitioner designated the proffered position under this 
occupational category at a Level I on the LCA indicating that it is an entry-level position for an 
employee who has only basic understanding of the occupation. 6 The Handbook reports that 
logisticians may qualify for some positions with an associate's degree; however, more companies 
prefer to hire workers with at least a bachelor's degree as logistics becomes increasingly complex. 
However, the Petitioner's designation of this position as an entry-level position appears to indicate that 
this is a position that requires no more than an associate's degree. 
Further, the Handbook also states that a bachelor's degree in "business" is acceptable for this position. 
While a general-purpose bachelor's degree, such as a degree in business, 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. See Royal Siam Corp. v. 
Cherto.ff, 484 F.3d at 147. We interpret the degree requirement at 8 C.F.R. § 214.2(h)(4)(iii)(A) to 
require a degree in a specific specialty (or its equivalent) that is directly related to the proposed position. 
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, without further specification, does not 
establish the position as a specialty occupation. C.Y Matter ofMichael Hertz Assocs., 19 I&N Dec. 558 
(Comm'r 1988). Therefore, the Handbook's recognition that a general, non-specialty "background" in 
business may be sufficient for entry into the occupation suggests that a bachelor's degree in a specific 
specialty is not normally the minimum entry requirement for this occupation. 
6 See U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), http://www.foreignlaborcert.doleta.gov/pdf/NPWHC ~Guidance~ Revised~ 
11~2009.pdf 
6 
Matter of X-P-N-A-, Inc. 
Therefore, the Handbook indicates that a bachelor's degree in systems engineering or supply chain 
management may be typical for most position, but not a standard occupational, entry. requirement. 
Thus, the Handbook's report is insufficient to conclude that simply by virtue of its occupational 
classification the position qualifies as a specialty occupation. 
Accordingly, 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. Whenever 
more than one authoritative source exists, an adjudicator will consider and weigh all of the evidence 
presented to determine whether the particular position qualifies as a specialty occupation. 
In that regard, we have reviewed the Petitioner's reference to O*NET OnLine's assignment of a Job 
Zone "Four" rating to the logisticians occupation, which groups it among occupations for which "most 
... require a four-year bachelor's degree, but some do not." O*NET OnLine Summary Report for 
"13-1081.00 - Logisticians," https://www.onetonline.org/link/summary/13-1081.00 (last visited Feb. 
27, 2017). However, O*NET OnLine does not indicate that 4-year bachelor's degrees that may be 
required by Job Zone Four occupations must be in a specific specialty directly related to the 
occupation. Therefore, the O*NET OnLine infonnation is not probative of the proffered position being 
a specialty occupation. 
In this case, the Petitioner has not established that the proffered position falls under an occupational 
category for which the Handbook, or other authoritative source, indicates that normally the minimum 
requirement for entry is at least a bachelor's degree in a specific specialty, or its equivalent. The record 
lacks sufficient evidence to support a finding that the particular position proffered here, an entry-level 
supply chain analyst/logistician position (as indicated on the LCA), would normally have such a 
minimum, specialty degree requirement or its equivalent. The duties and requirements of the position 
as described in the record of proceeding do not indicate that this particular position proffered by the 
Petitioner is one for which a baccalaureate or higher degree in a specific specialty, or its equivalent, is 
normally the minimum requirement for entry. 
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.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
7 
Matter of X-P-N-A-. Inc. 
casts its gaze upon the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
I. 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 
include: whether the Handbook reports that the industry requires a degree; whether the industry's 
professional association has made a degree a minimum entry requirement; and whether letters or 
affidavits from firms or individuals in the industry attest that such firms "routinely employ and 
recruit only degreedindividuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 
1999) (quoting Hird/Blaker Corp. v. Sava. 712 F~ Supp. 1095, 1102 (S.D.N.Y. 1989)). 
Here, and as already discussed, the Petitioner has not established that the proffered position is one 
for which the Handbook (or other independent, authoritative sources) repm1s 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. In addition, 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 entitled material analyst, logistics manager, director of materials, and logistics specialist I. 
The material analyst position requires a bachelor's degree in supply chain management or equivalent 
experience, but the listed duties do not appear to be similar to those of the proffered position. The 
logistics manager position prefers a master's degree in logistics or a similar level of education and 
requires a minimum of 5 years of experience in logistics within the automotive industry, as well as 
other specific experience requirements. The director of materials position requires a 4-year degree 
in supply chain, materials management, or related field, prefers a master's degree in business 
administration, and requires 5-10 years of experience as a supply chain professional,-as well as other 
specific experience requirements. Finally, the logistics specialist I position requires a bachelor's 
degree in a related field and a minimum of 3 years of related experience, or 5 years of related 
experience, 2 of which must include supervisory experience. 
Here, although two of the advertisements require a bachelor's degree in supply chain management 
and one prefers a master's degree in logistics, one may be replaced with related experience, and the 
other two also requires at least 5 years of experience. The remaining advertisement requires a 
bachelor's degree which may be replaced with related experience. Further, one of the 
advertisements lists specific duties that do not appear to relate the proffered position and the 
remaining advertisements appear to be for organizations that are much larger than the Petitioner. 
8 
Matter of X-P-N-A-, Inc. 
That is, the record does not demonstrate that the advertising organizations are similar in type, scope, 
and size to this Petitioner. 
Further, although some of the advertisements generally state that a bachelor's degree in supply chain 
management, or a related field, is required or prefe1Ted, they also require several years of experience 
in addition to, and in some cases in lieu of~ the bachelor's degree. The Petitioner has designated the 
proffered position as an entry level position on the LCA, which is in contrast to some of the 
advertised positions that are for more senior positions. 
For these reasons, the Petitioner has not satisfied the criterion of the first alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
2. Second Prong 
We will next consider the second alternative prong of 8 C.F.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 supply chain analyst positions 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 the duty description from the record 
of proceeding, the evidence of record does not distinguish the proffered position from other positions 
falling within the "Logisticians" 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, while the Petitioner claims that the position involves focusing on "liaising with [its] 
headquarters' Logistics Department in China to ensure the sufficient supply of products is shipped to 
[its] warehouses worldwide and that these products are then released to customers to meet their 
demand," the Petitioner does not demonstrate how the supply chain analyst's duties described 
~equire the theoretical and practical application of a body of highly specialized knowledge such that 
a bachelor's or higher degree in a specific specialty, or its equivalent, is required to perform them. 
For instance, here, the Petitioner stated that the proffered position requires a bachelor's degree in 
supply chain management or a related field. On appeal, the Petitioner identified specific coursework 
in various subjects, including strategic sourcing and procurement management, forecasting and 
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(b)(6)
Matter of X-P-N-A-, Inc. 
demand management, applied business analytics, business process and operations management, 
global logistics and operations management, transportation and warehouse management, global 
supply chain management, business finance, and process improvement through a Lean Six-Sigma 
approach, as providing the Beneficiary with the "theoretical knowledge" to carry out her duties as its 
supply chain analyst. While these skills or courses may be beneficial, or even essential, in 
performing certain duties of a supply chain analyst position, the Petitioner has not demonstrated how 
an established curriculum of such courses leading to a baccalaureate or higher degree in a specific 
specialty, or its equivalent, is required to perform the duties of the proffered position. 
Furthermore, on appeal, the Petitioner submits an expert opinion letter authored by 
Professor and Chairperson of the Department of at the 
states that he reviewed an outline of the 
job duties required for the subject position of supply chain analyst, as summarized in a response 
letter to U.S. Citizenship and Immigration Services (USCIS) dated August 2, 2016, in addition to a 
supplemental job description providing an extensively detailed analysis of the duties prescribed to 
the supply chain analyst position, and of the particular skill-set that an individual must possess in 
order to perform the duties. 
opined that "the position's duties require an understanding ... that generally would not 
be learned in a program of study below a bachelor's level ... [and] require the ability to apply the 
knowledge associated with the attainment of a Bachelor's Degree in Supply Chain Management; 
Business Administration, with coursework in Supply Chain Management or Logistics; or a related 
discipline - i.e., in a field that would ~each the requisite combined skills of quantitative analysis, 
systems creation and engineering, and supply-chain process creation and optimization." 
further stated that based on his review of the presented job duties and his understanding of 
the Petitioner's business, "the position is an advanced, professional-level position in logistics and 
supply chain systems engineering and operations, and that the duties correspond with those typically 
associated with such professional-level positions." 
However, evaluation does not discuss the Petitioner's designation of this position as 
requiring only a Level I wage. As noted above, a Level I wage rate is commensurate with routine 
tasks that require the Beneficiary's limited, if any, exercise of judgment, the Beneficiary's close 
supervision, the close monitoring of her work and review for its accuracy. A Level I wage 
designation is indicative of someone who will receive specific instructions on required tasks and 
expected results. Such a position would not include supervisory or advanced tasks. This is contrary 
to findings and opinion of the proffered position's advanced level within the 
Petitioner's organization. Additionally, does not explain or distinguish the duties of the 
proffered position from the Handbook's report on logisticians. For these reasons, we do not find the 
opinion sufficient to support the Petitioner's assertion that the proffered position requires a 
bachelor's degree in a specific specialty, or its equivalent, and thus qualities as a specialty 
occupation. We may, in our discretion, use opinion statements submitted by the Petitioner as 
advisory. Matter ofCaron Int'l, bic., 19 I&N Dec. 791, 795 (Comm'r 1988). However, where an 
10 
(b)(6)
Matter of X-P-N-A-, Inc. 
opinion is not in accord with other information or is in any way questionable, we are not required to 
accept or may give less weight to that evidence. Jd. 
On appeal, the Petitioner also submits an expert opinion letter authored by 
Professor of Supply Chain Management and Director 
states that he reviewed the Petitioner's corporate information and the job responsibilities of the 
proffered position and provided a brieflist of those responsibilities in his evaluation. 
opined that "this position is a "Specialty Occupation" and it requires a m1mmum of 
bachelor's degree (or equivalent) in Supply Chain Management; Business Administration, with 
coursework in Supply Chain Management or Logistics; or a related tiel d." further stated 
that "an associate's degree is not sufficient to qualify ... [and the proffered position] cannot be 
properly performed without a minimum of bachelor's Degree (or equivalent) in Supply Chain 
Management; Business Administration, with coursework in Supply Chain Management or Logistics; 
or a related field." However, evaluation does not discuss the Petitioner's designation of 
this position as requiring only a Level I wage, nor does it explain or distinguish the duties of the 
proffered position from the Handbook's report on logisticians. For these reasons, we do not find the 
opinion sufficient to support the Petitioner's assertion that the proffered position requires a 
bachelor's degree in a specific specialty, or its equivalent, and thus qualifies as a specialty 
occupation. Again, we may, in our discretion, use opinion statements submitted by the Petitioner as 
advisory. !d. However, where an opinion is not in accord with other information or is in any way 
questionable, we are not required to accept or may give less weight to that evidence. Jd. 
Here, the record does not include sufficient information relevant to a detailed course of study leading 
to a specialty degree and the Petitioner has not established how such a curriculum is necessary to 
perform the duties it claims are so complex. While a few related courses may be beneficial in 
performing certain duties of the position, the Petitioner has not demonstrated how an established 
curriculum of such courses leading to a baccalaureate or higher degree in a specific specialty, or its 
equivalent, is required to perform the duties of the proffered position. 
Additionally, we again note that the Petitioner has designated the protiered position as requiring 
only a Level I wag~, that requires only a basic understanding of the occupation. 7 Given the 
Handbook's indication that logistician positions do not normally require at least a bachelor's degree 
in a specific specialty, or the equivalent, for entry, it is not credible that a position involving limited, 
7 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 ~ot 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. 
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Matter of X-P-N-A-, Inc. 
if any, exercise of independent judgment, close supervision and monitoring, receipt of specific 
instructions on required tasks and expected results, and close review would contain such a 
requirement. Thus, the record lacks sufficiently detailed information to distinguish the protlered 
position as unique from or more complex than positions that can be performed by persons without at 
least a bachelor's degree in a specific specialty or its equivalent. Consequently, as the Petitioner 
does not demonstrate how the proffered position is so complex or unique relative to other supply 
chain analyst positions that do not require at least a baccalaureate degree in a specific specialty or its 
equivalent for entry into the occupation in the United States, it cannot be concluded that the 
petitioner has satisfied the second alternative prong of8 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. 
In response to the Director's request for evidence, the Petitioner stated that it previously hired one 
employee to perform the duties of the supply chain analyst who had a master's degree and 
underlying bachelor's degree "in a related field," but that it did not retain a copy of the employee's 
credentials. Further, the Petitioner did not submit any evidence pertaining to its previous employee's 
duties, such as a position description or his resume ret1ecting his title and the duties he performed for 
the Petitioner during his employment, or of his actual employment. As such, we cannot determine 
that a previous employee had a bachelor's degree in supply chain management or a related field, or 
that he was employed in the same or similar position to the proffered position such that we can 
conclude that the Petitioner normally requires a bachelor's degree in a specific specialty, or its 
equivalent, for this position. 
Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 8 
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. 
8 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, 201 F. 3d at 387. In other words, if a petitioner's degree 
requirement is only symbolic and the proffered position does not in fact require such a specialty degree, or its equivalent, 
to perform its duties, the occupation would not meet the statutory or regulatory definition of a specialty occupation. See 
section 214(i)(l) of the Act; 8 C.F.R. § 214.2(h)( 4)(ii) (defining the term "specialty occupation"). 
12 
Matter of X-P-N-A-, Inc. 
The Petitioner asserts that the job duties of the pro tiered position are specialized and complex. We refer 
to our earlier comments and findings with regard ~o 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 on appeal. 
While we understand that the Beneficiary must have technical knowledge in order to perform 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. Upon review of the totality of the record, the record does not include probative evidence 
that the duties require more than technical proficiency in the supply chain analyst field. 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 
Because the Petitioner has not satisfied one of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it 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. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of X-P-N-A-. Inc., ID# 199615 (AAO Feb. 27, 2017) 
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