dismissed H-1B Case: Supply Chain Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-P~S-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 19,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a supply chain management company, seeks to temporarily employ the Beneficiary as a 
"vice president, logistics manager" under the H-lB nonimmigrant classification tor specialty 
occupations. See Immigration and Nationality Act (the Act) section 101(a)(l5)(H)(i)(b), 8U.S.C. 
§ 110l(a)(l5)(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 Director of the Vermont Service Center denied the petition, concluding that the Petitioner did 
not establish that the proffered position qualifies as a specialty occupation. 
On appeal, the Petitioner submits additional evidence and asserts that the Director erred in her 
findings. 
Upon de novo review, we will dismiss the appeal. 
I. LEGAL FRAMEWORK 
Section 214(i)(l) ofthe Act defines the term "specialty occupation" as an occupation that requires: · 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
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Matter of A-P-S-, LLC 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). We have consistently interpreted 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"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). 
II. PROFFERED POSITION 
In the H-1 B petitiOn, the Petitioner stated that the Beneficiary will serve as a "vice president, 
logistics manager." In response to the Director's request for evidence (RFE), the Petitioner 
provided 
an expanded job description of the proffered position, along with the approximate percentage of time 
the Beneficiary will spend on each duty, as follows (paraphrased for brevity 1): 
• Negotiate and manage contracts with customers and suppliers (10%): 
The VP plays the role of the mediator between customers and suppliers. In most of the cases, 
in the field of where [the Petitioner] is working, customers and suppliers 
cannot sign an agreement and furthermore cannot execute the contract, due to the diflering 
terms and conditions set by each. As such, a mediator is needed in order to connect the 
customer and supplier, negotiating with both parties so that the contract can be signed and 
subsequently effectively executed. The cost for both the customer and supplier is less 
through the use of a distributor such as ourselves, serving as intermediate layer, in 
comparison to spending endless time and effort, negotiating directly between themselves, 
with no guarantees of success. 
• Manage critical budget issues for each contract (10%): 
The VP needs to manage the budgetary issues for all contracts. He has to setup processes, 
using specific mechanisms, rules, and strategies, through which the company can etliciently 
1 
Although the Petitioner's job description has been paraphrased here, we thoroughly reviewed all of the duties in each of 
the job descriptions provided by the Petitioner. 
2 
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Matter of A-P-S-, LLC 
execute low budget contracts, as well as effectively manage the execution of high budget 
contracts. Since a high budget contract financially exposes the company over a long period 
of time, the VP has to securely, and expeditiously divert funds, without further exposing the 
company to financial debt, in order to balance the financial exposure and allocation of 
capital, ofthe company. 
• Implement policies, internal controls, accounting standards, and procedures (5°/.,): 
The Vice President, Logistics Manager, is responsible for setting the strategy and direction of 
the company, modeling and influencing the organizational structure. He is the one who 
implements policies, internal controls, accounting standards, and procedures. [The 
Petitioner], as a distribution company dealing with restricted and 
sensitive parts and material, is not allowed to conduct business with the and 
program (its two major customers) without complying with international and federal 
regulations and standards through the implementation of a Quality Management System 
(QMS). 
• Establish systems to coordinate and control the order cycle (20% ): 
One of the most critical responsibilities of the Vice President, Logistics Manager, is to 
establish, coordinate and control the order cycle. Every customer provides their requisitions 
in a different way: word documents, spreadsheets, emails, traditional mail, pdf tiles, web 
portals (on-line systems), database records, etc. All this data needs to be transformed and 
. reformatted in a way so that it can be imported into [the Petitioner's] database. After it is 
imported, data mining must occur, to determine all possible suppliers that can satisfy each 
requisition (request). Next, based on a number of parameters, the filtering process evaluates 
the feasibility of each requisition as determined by the company's needs, abilities, and 
regulations. All requests that fail one of the selection parameters are disqualified and all 
remaining requests remain for the next step. The next step involves sending requests to our 
suppliers, forwarding our customer's specific requirements, and finally, submitting our otTers 
to our customers, based on the supplier's quote and our expenses. This last process of the 
order cycle is very demanding and needs to be very well coordinated, since it is the basis for 
bidding, beingawarded, and executing all contracts. 
• Design, develop and implement the IT environment to increase productivity (20% ): 
The Vice President, Logistics Manager, as the leading officer of the company, needs to 
parameterize and customize the data management ERP system by setting new rules and 
functions to the ERP system, in order to increase sales, while maintaining a high level of 
productivity and quality. The VP should know both how companies work and exactly how 
the ERP system is built and functions. Comprehensive knowledge of the company's IT 
system (the architecture and functionality), will allow the VP to: design and develop new 
processes and rules, to oversee the implementation of the necessary tasks and procedures by 
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Matter of A-P-S-, LLC 
all employees, and finally, to evaluate the results of the new processes. In conclusion, the 
new rules and processes created and implemented by the VP will improve the response time 
and execution time of all contracts undertaken, giving the company the capacity to handle 
more contracts, thereby increasing its productivity and profit. 
• Update and improve the backbone and architecture of IT systems, to meet the new 
business model (20% ): 
The Vice President, Logistics Manager, needs to be familiar with current IT and related 
systems, what the IT needs of the company are, what capacity the current hardware has, and 
what the company has to do to upgrade the IT backbone (hardware) at the lowest co~t. 
• Monitor Product import or export processes to ensure compliance with regulatory 
or legal requirements (5% ); 
The Vice President, Logistics Manager, is responsible for monitoring all imports and export 
processes for each order to ensure compliance with regulatory and legal requirements. As a 
distribution company, most items that [the Petitioner] is dealing with are 
controlled items. control and export 
and import of defense-related parts and services found on the 
or 
• Develop business by gaining new contacts (10%): 
Every company's the ultimate goal is to develop and grow. In order to achieve maximum 
development and growth, the executive management, and in this company's case, the VP, needs 
to create a specific strategic plan for development. [The Petitioner's] development depends on 
winning new contracts, hiring more employees to be engaged with the new contracts, and finally 
increasing the profits, resources, and value of the company. 
In the initial petition, the Petitioner stated that the position requires a bachelor's degree in logistics, 
computer science, or a related area plus several years of related experience. However, in response to 
the RFE, the Petitioner submitted a document entitled "Organizational Structure," which states the 
following requirements for the proffered position: 
Skills & Qualifications 
• Master's Degree 
or higher preferred 
• Many years of experience in higher level management or field related to company's work 
• Leadership, interpersonal skills, vision, discipline, experience 
Thus, the Petitioner indicated a preference for an advanced degree and it does not require a degree in 
a specific specialty. 
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Matter of A-P-S-, LLC 
III. ANALYSIS 
The record does not establi~h that the job duties require an educational background, or its equivalent, 
commensurate with a specialty occupation? More specifically, in response to the RFE, the 
Petitioner indicated that it prefers a master's or higher degree. Importantly, however, a preference is 
not a requirement. Further, the Petitioner's document does not indicate that a degree in a specific 
field of study directly related to the duties is necessary for the position. Therefore, based upon the 
Petitioner's statement, the proffered position does not qualify as a specialty occupation and the 
petition cannot be approved. Nevertheless, for the purpose of providing a full discussion of the 
proffered position, we will now addres·s the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A). 3 
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. 4 
On the labor condition application (LCA) 5 submitted in support of the H-1 B petition, the Petitioner 
designated the proffered position under the standard occupational classification code and title 
11-3071, "Transportation, Storage, and Distribution Managers." 
The Handbook is a career resource offering information on hundreds of occupations. However, 
there are occupational categories which are not covered in detail by the Handbook (instead it only 
includes summary data6). as well as occupations for which the Handbook does not provide any 
2 The Petitioner submitted documentation to support the H-1 B petition, including evidence regarding the proffered 
position and its business operations. While we may not discuss every document submitted, we have reviewed and 
considered each one. 
3 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 
4 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
http://www.bls.gov/ooh/. We do not, however, maintain that the Handbook is the exclusive source. of relevant 
information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the 
general tasks and responsibilities of a proffered position, and 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 P~titioner to submit sufficient evidence to supp011 a tinding that its particular position 
would normally have a minimum, specialty degree requirement, or its equivalent, for entry. 
5 The Petitioner is required to submit a certified LCA to us 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 l&N Dec. 542, 545-546 (AAO 20 15). 
6 The occupational categories for which the Handbook only includes summary data includes a range of occupations, 
including for example, postmasters and mail superintendents; agents and business managers of artists, performers, and 
athletes; farm and home management advisors; audio-visual and multimedia collections specialists; clergy; merchandise 
displayers and window trimmers; radio operators; first-line supervisors of police and detectives; crossing guards; travel 
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Matter of A-P-S-, LLC 
information. U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook. 
2016-17 ed., "Data for Occupations Not Covered in Detail," http://www.bls.gov/ooh/ About/Data­
for-Occupations-Not-Covered-in-Detail.htm (last visited Apr. 18, 2017). 
The Handbook provides summary data for the occupational category "Transportation, Storage, and 
Distribution Managers." The Handbook reports that this occupational category includes logistics 
managers. 7 !d. It further states that the typical entry-level education for this occl!pation is a "high 
school diploma or equivalent." !d. Thus, the Handbook does not indicate that these positions 
comprise of an occupational group for which normally the minimum requirement for entry is at least 
a bachelor's degree in a specific specialty, or its equivalent. 
In support of the petition, the Petitioner references the DOL's Occupational Information Network 
(O*NET) summary report for "Logistics Managers" listed as SOC (ONET/OES Code) 11-3071.03. 
The summary report provides general information regarding the occupation; however, it does not 
support the Petitioner's assertion regarding the educational requirements for these positions. For 
example, the Specialized Vocational Preparation (SVP) ratirig cited within O*NET's Job Zone 
designates this occupation as 7 < 8. An SVP rating of 7 to less than ("<") 8 indicates that the 
occupation requires "over 2 years up to and including 4 years" of training. While the SVP rating 
indicates the total number of years of vocational preparation required for a particular position, it is 
important to note that it does not describe how those years are to be divided among training, formal 
education, and experience - and it does not specify the particular type of degree, if any, that a 
position would require. 8 
Further, the summary report provides the educational requirements of "respondents," but does not 
account for I 00% of the "respondents." The respondents' positions within the occupation are not 
distinguished by career level (e.g., entry-level, mid-level, senior-level). Additionally, the graph in 
·the summary report does not indicate that the "education level" for the respondents must be in a 
specific specialty. 
The Petitioner has not provided sufficient documentation from a probative source to substantiate its 
assertion regarding the minimum requirement for entry into this particular position. Thus, the 
Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)( 4 )(iii)(A)(l). 
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 
guides; agricultural inspectors, as well as others. 
7 
In response to the RFE and on appeal, the Petitioner claims that the proffered position is a logistics manager position. 
8 
For additional information, see the O*NET Online Help webpage available at 
http://www.onetonline.org/help/online/svp. 
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Matter of A-P-S-, LLC 
individual with a degree[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong 
contemplates the common industry practice, while the alternative prong narrows its focus to the 
Petitioner's specific position. 
1. First Prong 
To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree 
requirement " (i.e., a requirement of a bachelor ' s or higher degree in a specific specialty , or its 
equivalent) is common to the industry in parallel positions among similar organizations. 
In determining whether there is such a common degree requirement, factors often considered by us 
include: whether the Handbook report:s that the industry requires a degree; whether the industry's 
professional association has made a degree a minimum entry requirement; and whether letters or 
affidavits from firms or individuals in the industry attest that such firms "routinely employ and 
recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn . 
1999)(quoting Hird/Blaker Corp. v. Sava. 712 F. Supp. 1095, 1102 (S.D.N . Y. 1989)). 
As previously discussed , the Petitioner has not established that its proffered position is one for which 
the Handbook, or another authoritative source, reports a.requirement for at least a bachelor ' s degree 
in a specific specialty, or its equivalent. We incorporate by reference the previous discussion on the 
matter. 
In support of this criterion, the Petitioner submitted 15 copies (including two companies that posted 
for two different jobs) of job announcements placed by other employers . However, upon review of 
the documents , we find that the Petitioner ' s reliance on the job announcements is misplaced. First , 
we note that some ofthe job postings do not appear to involve organizations similar to the Petitioner. 
For example, the Petitioner is a five-person supply chain management and logistics company that 
was established in 2013, whereas the advertising organizations include : 
• - established in 1934 and is a 
• - technology solutions, product and 
services , with a global team of 13,000; 
• - a global security company; 
• - information solutions and services , and member of the 
with 15,000 employees; and, 
• that operates at nearly 551 sites on 80 
counties 
and generated $6 billion in 2014 revenues. 
Furthermore, some of the" postings provide little or no information regarding the hiring employers 
(e.g., 
and, The Petitioner did not supplement the record of proceedings to 
establish that these advertising organizations are similar. 
Matter of A-P-S-, LLC 
When determining whether the Petitioner and the organization share the same general 
characteristics, such factors may include information regarding the nature or type of organization, 
and, when pertinent, the particular scope of operations, as well as the level of revenue and staffing 
(to list just a few elements that may be considered). It is not sutlicient for the Petitioner to claim that 
an organization is similar and in the same industry without providing a legitimate basis for such an 
assertion. 
In addition, some of the postings do not indicate that at least a bachelor's degree in a directly related 
specific specialty (or its equivalent) is required. The job postings suggest, at best, that although a 
bachelor's degree is sometimes required for these positions, a bachelor's degree in a spec?fic 
specialty (or its equivalent) is not.9 
As the documentation does not establish that the Petitioner has met this prong of the regulations, 
further analysis regarding the specific information contained in each of the job postings is not 
necessary. 10 That is, not every deficit of every job posting has been addressed. 
Without more, the Petitioner has not provided sufficient evidence to establish that a bachelor's 
degree in a specific specialty, or its equivalent, is common to the industry in parallel positions 
among similar organizations. The Petitioner has not satisfied 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. 
A review of the record of proceedings finds that the Petitioner has not credibly demonstrated that the 
duties the Beneficiary will be responsible for or perform on a day-to-day basis constitute a position 
9 
It must be noted that even if all of the job postings indicated that a requirement of a bachelor's degree in a specific 
specialty is common to the industry in parallel positions among similar organizations (which they do not), the Petitioner 
has not demonstrated what statistically valid inferences, if any, can be drawn from the adve1iisements with regard to 
determining the common educational requirements for entry into parallel positions in similar organizations. See 
generally Earl Babbie, The Practice of Social Research 186-228 ( 1995). Moreover, given that there is no indication that 
the advertisements were randomly selected, the validity of any such inferences could not be accurately determined even 
if the sampling unit were sufficiently large. See id. at 195-196 (explaining that "[r]andom selection is the key to [the] 
process [of probability sampling]" and that "random selection offers access to the body of probability theory, which 
provides the basis for estimates of population parameters and estimates of error"). 
10 
The Petitioner did not provide any independent evidence of how representative the job postings are of the particular 
advertising employers' recruiting history for the type of job advertised. As the. advertisements are only solicitations for 
hire, they are not evidence of the actual hiring practices of these employers. Moreover, not all of the postings are for 
parallel positions. 
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Matter qf A-P-S-, LLC 
so complex or unique that it can only be performed by a person with at least a bachelor's degree in a 
specific specialty, or its equivalent. Even when considering the Petitioner's general descriptions of 
the proffered position's duties, the evidence of record does not establish why a few related courses 
or industry experience alone is insufficient preparation for the proffered position. 
While related courses may be beneficial, or even required, 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. The description of the duties does not specifically identify any 
tasks that are so complex or unique that only a specifically degreed individual could perform 
them. The record lacks sufficiently detailed information to distinguish the proffered position as 
more complex or unique from other positions that can be performed by persons without at least a 
bachelor's degree in a specific specialty, or its equivalent. 
The Petitioner claims that the Beneficiary is well-qualified for the positiOn, and references his 
qualifications. However, the test to establish a position as a specialty occupation is not the education 
or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's 
degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently develop relative 
complexity or uniqueness as an aspect of the duties of the position, and it did not identify any tasks 
that are so complex or unique that only a specifically degreed individual could perform them. 
Accordingly, the Petitioner has not satisfied the second alternative prong of 
8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
C. Third Criterion 
The third criterion of 8 C.F.R. § 214.2(h)( 4)(iii)(A) entails an employer demonstrating that it 
normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. 
The Petitioner states that its opinion and evidence should be considered and given deference. We 
note, however, the record must establish that a petitioner's stated degree requirement is not a matter 
of preference for high-caliber candidates but is necessitated instead by performance requirements of 
the position. See Defensor v. Meissner, 201 F.3d at 387-88. Were U.S. Citizenship and [mmigration 
Services limited solely to reviewing the 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 Petitioner created a token degree requirement. ld. Evidence provided in support of 
this criterion may include, but is not limited to, documentation regarding the Petitioner's past 
recruitment and hiring practices, as well as information regarding employees who previously held 
the position. 
The Petitioner stated that the Beneficiary was previously employed in this position and submitted a 
Form W-2, Corrected Wage and Tax Statement, indicating that the Beneficiary was reportedly paid 
$45,000 in 2015 rather than $140,970. No further explanation or documentation was provided. The 
Petitioner did not provide any information of other individuals employed in this position. We 
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Matter of A-P-S-, LLC 
carefully reviewed the Petitioner's statements and the evidence provided; however, the Petitioner's 
document "Organizational Structure" indicates a degree preference, not a degree requirement. 
Without more, the Petitioner has not provided sutlicient evidence in support of this criterion. 
Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. ~ 214.2(h)(4)(iii)(A)(3). 
D. Fourth Criterion 
The fourth criterion at 8 C.F.R. § 2J4.2(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. 
In support of the petition, the Petitioner submitted documentation regarding its business operations 
(including promotional materials, 2015 balance sheet, contracts, purchase orders, a document 
describing its organizational structure) as well as the statements from the Petitioner's president 
regarding the proffered position. We reviewed all of the evidence provided, however, it does not 
establish the position as a specialty occupation. For example, the Petitioner has described the 
position in terms of generalized functions that do not convey sufticient substantive information to 
establish the relative complexity, uniqueness and/or specialization of the proffered position or its 
duties. According to the Petitioner, the Beneficiary will "negotiate and manage contracts"; "manage 
budgetary issues for contracts"; "implement policies"; "update and improve the backbone and 
architecture of IT systems"; and, "develop business." While the Petitioner provided additional 
details about these tasks and the courses completed by the Beneficiary that will assist him in 
performing these duties, the Petitioner's description does not convey the substantive nature of the 
work that the Beneficiary would actually perform, the actual systems utilized by the Petitioner, or 
the particular body of highly specialized knowledge that would have to be theoretically and 
practically applied to perform it. The responsibilities for the proffered position contain generalized 
functions without providing sufficient information regarding the particular work, and associated 
educational requirements, into which the duties would manifest themselves in their day-to-day 
performance. 
The Petitioner has not demonstrated in the record that its proftered 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. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-P-S-. LLC, ID# 260168 (AAO Apr. 19, 2017) 
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