dismissed H-1B Case: Supply Chain Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF N-B-D 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 31, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, .__ ________ _. seeks to temporarily employ the Beneficiary as a "supply 
chain planning analyst" under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(15)(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 of the California Service Center denied the petition, concluding that the proffered 
position does not qualify as a specialty occupation. On appeal, the Petitioner submits additional 
evidence and a brief, and asserts that it has established eligibility for the benefit sought. 
Upon de nova review, we will dismiss the appeal. 1 
I. LEGAL FRAMEWORK 
Section 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l), defines the term "specialty occupation" as an 
occupation that requires: 
(A) theoretical and practical application of a body of highly specialized 
knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum for entry into the occupation in the United States. 
The regulation at 8 C.F.R. § 214.2(h)(4)(ii) largely restates this statutory definition, but adds a non­
exhaustive list of fields of endeavor. In addition, the regulations provide that the proffered position 
must meet one of the following criteria to qualify as a specialty occupation: 
1 We follow the preponderance of the evidence standard as specified in Matter ofChawathe , 25 I&N Dec. 369, 375-76 
(AAO 2010). 
Matter C?f N-B- □ 
(]) A baccalaureate or higher degree or its equivalent is normally the minimum 
requirement for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among 
similar organizations or, in the alternative, an employer may show that its 
particular position is so complex or unique that it can be performed only by an 
individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
( 4) The nature of the specific duties [is] so specialized and complex that 
knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
8 C.F.R. § 214.2(h)(4)(iii)(A). 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"). 
II. PROFFERED POSITION 
The Petitioner stated that the Beneficiary will serve as a "supply chain planning analyst" at its office 
in California. 2 On the labor condition application (LCA), 3 the Petitioner designated the proffered 
position under the occupational category "Logisticians" corresponding to the SOC code 13-1081, and 
identified the "Logistics Analysts" sub-category SOC code 13-1081.02, as the occupation that most 
closely corresponds to the proffered position.4 The Petitioner initially provided the following 
description of the position: 
• Manage production planning for one to two facilities. 
• Communicate all product plans, project shortages to management, sales, and 
operations. 
• Order necessary raw materials. 
• Determine optimal ship points for orders. 
2 The Petitioner most recently employed the Beneficiary through STEM-related post-completion optional practical 
training, and has provided copies of wage statements for her employment with the Petitioner. 8 C.F.R. §§ 
274.a.12( c)(3)(i)(C). 214.2(t)(l 0)(ii)(C). 
3 A petitioner submits the LCA to 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. Section 212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
4 The Petitioner designated the proffered position as a wage Level II on the certified LCA. A prevailing wage determination 
starts with a Level I, entry level wage and progresses to a higher wage level, up to Level IV, after considering the 
experience, education, and skill requirements ofthe Petitioner's job opportunity. U.S. Dep't of Labor, Emp't & Training 
Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009). available 
at http://t1cdatacenter.com/download/NPWHC _Guidance_ Revised_ 11 _ 2009.pdf 
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Matter C?f N-B □ 
• Manage backlog of orders. 
• Set Plant run plans and downtimes weekly. 
• Optimize production and warehousing. 
• Perform cost analyses and other projects related to the supply chain. 
Later, the Petitioner provided an updated description of the proffered position in response to the 
Director's request for evidence (RFE), as follows: 5 
40 % - Manage production planning: 
• Own the continued maintenance and development of supply chain planning 
information systems. 
• Data mining for planning [the Petitioner's] manufacturing supply. 
• Track, plan, schedule, identify, and resolve critical path and information 
system network logic conflicts to achieve production plans and service 
plans at optimal costs. 
• Analyze production plan and new product planning projects for critical 
path, recognize implications of changes and assist in the development and 
incorporation of work-around plans into the production schedule when 
change is required. 
• Help operationalize [the Petitioner's] long term Sales & Operations plan 
into product build summaries, visualize the product build and bum strategy 
plan and provide management data-driven inputs on how much inventory 
to build in anticipation of heightened demand during peak season. 
• Keep production planners informed, ensure proper training and 
development on inventory build strategies. 
2% - Communicate all product plans, projected shortages to management, sales, and 
operations: 
• Present analysis of demand at product level that cannot be serviced because 
of lack of capacity or some other constraint to relevant teams such as sales, 
customer service, and supply chain management. 
• Communicate data-driven production decisions to operations, customer 
service, and logistics team so they can implement plans for organizational 
success. 
8% - Order necessary raw materials: 
• Analyze sales trends and forecasts to plan for raw materials availability. 
5 We acknowledge that the Petitioner submitted additional information for the job duties, which, for the sake of brevity, 
have not been included herein. However, this material has been closely reviewed and considered, as with all evidence in 
the record. For instance, the Petitioner also included a listing of job duties and compared them with the Occupational 
Information Network (O*NET) Summary Rep01t for the "Logistics Analysts" occupational sub-category for the purpose 
of demonstrating that the proffered position corresponds to that occupation. 
3 
Matter C?f N-B □ 
• Use moving average forecast analysis method to predict immediate finished 
goods needs. Model finished goods requirements and subsequent raw 
material derivative requirement. 
• Create business data simulations to arrive at a statistical computation of raw 
material inventory that should be ordered and held at the warehouse to 
satisfy production needs. 
5% - Determine optimal ship points for orders: 
• Analyze business intelligence software's recommendations on sourcing 
strategy, data mining of historical shipping rates to customer locations from 
various manufacturing plants within [the Petitioner's] supply network to 
suggest least cost plants where product should be made. 
• Collaborate with Sales & Operations planning team on optimal shipment 
points and validate the data. 
2% - Manage backlog of orders: 
• Communicate actual product unavailability or foreseen lack of capacity to 
meet forecasted demand to sales and customer service. 
10% - Set Plant run plans and downtimes weekly: 
• Capture relationship between production capac1t1es and demand data. 
Create business decision support spreadsheets to present scenarios, 
sensitivity analysis/what-if analysis to management for the hours of 
operations/run plans for different production lines. 
3% - Optimize production and warehousing: 
• Leverage Logility business intelligence software to generate cost optimal 
production plans. 
• Analyze supply chain business intelligence to derive 3PL (third party 
logistics warehouse) optimization strategies and present analysis to regional 
team members (planners, managers, etc.) 
• Monitor performance against strategies and drive correction opportunities. 
• Strategies on SKU builds and warehouse allocation by category to hold 
optimal inventory for operation and build purposes. 
30% - Perform cost analysis and other products related to optimizing the supply chain: 
• Leverage Database Management and Business Intelligence Knowledge for 
Continuous improvement and automation to meet business rules/needs. 
Extract sales, production, forecast, and other supply chain related data using 
SQL queries from SQL server database for the purpose of analysis and for 
presenting decision-making regarding the ongoing evolution of the supply 
chain network (transportation costs, manufacturing efficiencies, etc.). 
• Visualize data using charts, graphs and ability to conceptualize findings. 
Use business intelligence dashboards to drive action items within assigned 
region(s) 
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Matter C?f N-B-0 
• Generate Supply Chain reports & metrics for semi-monthly meeting with 
transportation, supply chain, and customer logistics team. Communicate 
findings to mid-senior level executives. 
• Project management for new product introduction, new packaging 
commissioning, etc. 
• Aggressive continuous improvement drive. Facilitate results through team 
members based on metric opportunities derived from supply chain data 
analysts. 
• Clearly communicate with all levels of the organization, ability to present 
metrics, key business insights and able to influence others with supportive 
data. 
The Petitioner states throughout the proceedings that the minimum educational requirement for the 
proffered position is at least a bachelor's degree in supply chain management, business information 
systems, logistics, or a related field. 
III. ANALYSIS 
For the reasons set out below, we determine that the proffered position does not qualify as a specialty 
occupation. Specifically, the record provides inconsistent and 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. 6 
To begin with, the Petitioner has provided inconsistent information regarding the substantive nature 
of the proffered position. According to the Beneficiary's resume, she commenced employment with 
the Petitioner in April 2017 as a supply chain analyst. The Petitioner filed the petition in April 2018, 
and indicated that the Beneficiary would be employed as a "supply chain planning analyst" with a 
$68,000 yearly salary. In response to the Director's request for evidence (RFE), it submitted a 
February 2018 job offer letter to the Beneficiary, in which it stated "[w]e would like to offer you a 
new role into a challenging and demanding position of Master Planning Analyst at our Corporate 
Office [in California]," at an annual salary of $82,500 per year, effective February 2018. 7 The 
Petitioner has not addressed why it presented the proffered position as a supply chain planning analyst 
compensated at a $68,000 per annum salary in the petition throughout these proceedings, when two 
months prior to the filing of the petition, it promoted the Beneficiary to the position of "master 
planning analyst" with a salary of $82,500 per annum. 8 The Petitioner must resolve these 
inconsistencies and ambiguity in the record with independent, objective evidence pointing to where 
the truth lies. Matter of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). Unresolved material 
inconsistencies may lead us to reevaluate the reliability and sufficiency of other evidence submitted 
in support of the requested immigration benefit. Id. 
6 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. 
7 The Beneficiary's payroll records provided in support of the petition reflect her compensation at a rate more than 
commensurate with the salary offered in the February 2018 job offer letter. 
8 An inaccurate statement anywhere on the Form 1-129 or in the evidence submitted in connection with the petition 
mandates its denial. See 8 C.F.R. § 214.2(h)(10)(ii); see also id. § 103.2(b)(l). 
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Matter C?fN-B- □ 
Moreover, a crucial aspect of this matter is whether the duties of the proffered position are described 
in such a way that we may discern the actual, substantive nature of the position. When determining 
whether a position is a specialty occupation, we look at the nature of the business offering the 
employment and the description of the specific duties of the position as it relates to the performance 
of those duties within the context of that particular employer's business operations. 
On a fundamental level, we conclude that the Petitioner has not provided sufficient material about the 
services that the Beneficiary will provide in her role as a supply chain planning analyst within the 
context of the Petitioner's business operations. The Petitioner initially indicated that the Beneficiary 
"will be primarily [focused on] systems integration, data driven inventory management, supply and 
demand plans and cost optimal strategies for the West region plans in California - which consists of 
nine manufacturing plants that produces on average lO0M bottles weekly." The Director requested 
an explanation of how the Beneficiary's specific job duties relate to the Petitioner's products and 
services in her RFE. In response, the Petitioner states: 
Specifically, [the] Beneficiary will be responsible for the complex duties involving 
planning, modeling and data mining. [She] will perform highly technical functions 
regarding [the Petitioner's] manufacturing supply and drive its continuous 
improvement. These high-level planning, modeling, and data mining duties represent 
responsibilities relating to sophisticated, specialized training in complex tools that will 
help shape the progress of the professional services provided. Consequently, [she] has 
significant impact on the overall success of a given project. This level of responsibility 
represents significant complexity of the position's duties. 
This vague narrative gives little insight into the nature of the proffered position within the environment 
of the Petitioner's supply chain planning team(s). Here, the record contains insufficient supporting 
documentation that identifies the scope and magnitude of the Petitioner's projects and analytical 
procedures with its supply chain planning operations, to establish the substantive nature of the 
Beneficiary's role therein. For example, the Petitioner emphasized throughout the proceedings that 
the Beneficiary will coordinate, liaise or interact with various personnel and stakeholder groups, 
including: 
• Manag[ing] production planning for one to two facilities. 
• [A] ssist[ ing] in the development and incorporation of work-around plans into the 
production schedule when change is required. 
• Keep[ing] production planners informed, ensure proper training and development 
on inventory build strategies. 
• Communicat[ing] data-driven production decisions to operations, customer service, 
and logistics team so they can implement plans for organizational success. 
• Collaborate with Sales & Operations planning team on optimal shipment points and 
validate the data. 
In its RFE response, the Petitioner provided an organizational chart which shows that the Beneficiary 
is employed as a "master planning analyst" - not as a "supply chain planning analyst," who along with 
6 
Matter C?fN-B- □ 
six supply chain planning analysts and other personnel, reports to a planning manager. Without more, 
this material does not sufficiently illuminate the proffered position's role within the Petitioner's 
organizational hierarchy. In this matter, the record does not include probative, consistent evidence 
establishing the nature and level of responsibility of the proffered position. 9 
Further, as part of our analysis, we review the duties of the proffered position to assess the duties and 
determine whether the described duties correspond to the duties and tasks listed in the Occupational 
Information Network (O*NET) Summary Report for the occupation designated in the LCA. 10 Here, 
as discussed, the Petitioner submitted an LCA for the "Logisticians" occupational category 
corresponding to the Standard Occupational classification (SOC) code 13-1081, and more specifically 
to the subcategory "Logistical Analyst" corresponding to SOC code 13-1081.02. 11 The U.S. 
Department of Labor's (DOL) Occupational Outlook Handbook (Handbook) states that "Logisticians" 
typically: 12 
• Manage a product's life cycle from design to disposal 
• Direct the allocation of materials, supplies, and products 
• Develop business relationships with suppliers and clients 
• Understand clients' needs and how to meet them 
• Review logistical functions and identify areas for improvement 
• Propose strategies to minimize the cost or time required to transport goods 
The Petitioner job descriptions for the proffered position comports, in part, with the typical tasks 
performed by individuals employed in the "Logistics Analysts" occupational category. However, 
despite the Petitioner's categorization of the proffered position as a "Logistics Analysts," the petition 
also contains considerable narrative that references a position that substantially entails logistical 
management functions. For example, the Petitioner initially indicated that the Beneficiary will 
"[m]anage production planning for one to two facilities." Later, in response to the Director's RFE, 
the Petitioner stated that she will "[ c ]ommunicate all product plans, projected shortages to 
management, sales, and operations,""[ o ]rder necessary raw materials,""[ m ]anage backlog of orders," 
and "[s]et [p]lant run plans and downtimes weekly." While the Petitioner submitted an LCA 
designating the "Logisticians" occupational category for the proffered position, the Petitioner has not 
sufficiently established that the proffered position's duties and responsibilities are consistent with the 
9 It is the Petitioner's burden to prove by a preponderance of evidence that it is qualified for the benefit sought. Matter of 
Chawathe, 25 I&N Dec. at 376. In evaluating the evidence, eligibility is to be determined not by the quantity of evidence 
alone but by its quality. Id. 
10 20 C.F.R. § 655.705(6) requires that USCIS ensure that an LCA supports the H-lB petition filed on behalf of the 
Beneficiary. 
11 The O*NET Summary Report for "Logistics Analysts," indicates that individuals in this occupational sub-category 
typically "[a]nalyze product delivery or supply chain processes to identify or recommend changes. May manage route 
activity including invmcmg. electronic bills, and shipment tracing," and may be viewed at 
https://www.onetonline.org/link/summary /13-1081.02 (last visited Oct 31, 2019). 
12 Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Logistician, 
https://www.bls.gov/ooh/business-and-financial/logisticians.htm#tab-2 (last visited Oct. 31, 2019). All of our references 
to the Handbook may be accessed at the Internet site http://www.bls.gov/ooh/. We do not maintain that the Handbook is 
the exclusive source ofrelevant information. 
7 
Matter of N-B- □ 
occupational sub-category of "Logistics Analysts" thereunder. Here, the Petitioner has not adequately 
explained how the proffered position's logistical management functions are closely related to the 
O*NET tasks and the Handbook's duties for the occupation. 13 The Petitioner must also resolve these 
inconsistencies and ambiguities with independent, objective evidence pointing to where the truth lies. 
Matter of Ho, Dec. 591-92. 
The Petitioner asserts on appeal that "the position of Supply Chain Planning Analyst is appropriately 
classified under the SOC for Logistics Analyst, [SOC] Code: 13.1081.02." Notably, the O*NET 
Summary Report for the "Logistics Managers" occupational category, 14 corresponding to SOC 11-
3071.03, shows that someone in this position typically will, among other things, "[p]lan, direct, or 
coordinate purchasing, warehousing, distribution, forecasting, customer service, or planning services," 
and will perform such duties as "[ c ]ollaborate with other departments to integrate logistics with 
business systems or processes, such as customer sales, order management, accounting, or shipping," 
"[r]esolve problems concerning transportation, logistics systems, imports or exports, or customer 
issues," "[a]nalyze the financial impact of proposed logistics changes, such as routing, shipping 
modes, product volumes or mixes, or carriers," "[e]stablish or monitor specific supply chain-based 
performance measurement systems," "[p ]Ian or implement improvements to internal or external 
logistics systems or processes," and "[p ]Ian or implement material flow management systems to meet 
production requirements." Based on the material presented in the record of proceedings, we are unable 
to conclude that the proffered position properly falls solely within the "Logistics Analysts" 
occupational sub-category corresponding to SOC code 13-1081.02, which raises additional questions 
regarding the substantive nature of the proffered position. 
In general, if the duties of a proffered position involve more than one occupational category (i.e., 
"Logistics Analysts" and "Logistics Managers"), the DOL's "Prevailing Wage Determination Policy 
Guidance" states that the employer "should default directly to the relevant O*NET-SOC occupational 
code for the highest paying occupation." 15 At the time the Petitioner's LCA was certified, the Level 
II prevailing wage for "Logistics Managers" in the area of intended employment was $79,893 per year, 
which is significantly higher than the prevailing wage for "Logisticians" of $61,979 per year. 16 Thus, 
if the Petitioner's duties for the position fall under more than one occupational category, it should have 
chosen the relevant occupational code for the highest paying occupation, which was not 
"Logisticians." As the Petitioner indicates on the petition that it will pay the Beneficiary $68,000, a 
rate significantly less than the prevailing wage for the "Logistics Managers" occupation, the Petitioner 
has not established that the LCA corresponds to the petition, including the occupational category 
certified therein. 17 
13 See 20 C.F.R. § 655.705(b). 
14 The O*NET Summary Report for "Logistics Managers," may be viewed at https://www.onetonline.org/link/ summary 
/11-3071.03 (last visited Oct 31, 2019). 
15 Prevailing Wage Determination Policy Guidance, supra. 
16 For more information on the prevailing wages, see https://flcdatacenter.com/OESWizardStart.aspx. (Last visited Oct. 
31, 2019). 
17 See Section 212(n)(l) of the Act; 20 C.F.R. § 655.73l(a). 
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Matter C?f N-B- □ 
The Petitioner also submitted an expert opinion letter authored by~ _______ ..,.Professor of 
Finance and Economics,! !school of Business,~niversity. In his letter, the professor (1) 
describes the credentials that he asserts qualify him to opine upon the nature of the proffered position; 
(2) describes the duties proposed for the Beneficiary; and (3) states that these duties require at least a 
bachelor's degree in supply chain management, business information systems, logistics, or another 
closely related field. We carefully evaluated the professor's assertions in support of the instant petition 
but find them insufficient. 
In his letter, the professor states that his assessment is based upon the Petitioner's support letters, 
which we have previously addressed, regarding the Petitioner's business and operations, including the 
Petitioner's positions descriptions, and the beneficiary's academic documentation. While the 
professor alludes to his knowledge of the company and its business operations, he does not discuss 
such information within his analysis in any detail. Thus, he does not demonstrate in-depth knowledge 
of its operations or how the duties of the position would actually be performed in the context of the 
Petitioner's business enterprise. It appears that the professor did not base his opinion on any objective 
evidence, obtained through performing research specifically about the Petitioning entity and the scope of 
the proffered position within that organizational construct, but instead simply analyzed the proffered 
position description as provided by the Petitioner. Accordingly, we determine the record does not 
demonstrate that the professor is, as claimed, an expert on the current requirements for the proffered 
position, or that he possessed the requisite information to adequately assess the nature of the position. 
Therefore, we conclude that the Petitioner has not demonstrated through the professor's analysis how 
an established curriculum of courses leading to a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is required to successfully serve in the proffered position. We may, in our discretion, 
use opinion statements submitted by the Petitioner as advisory. Matter of Caron Int 'l, Inc., 19 I&N 
Dec. 791, 795 (Comm'r 1988). 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. Id. 
For the sake of brevity, we will not address other deficiencies within the professor's analyses of the 
proffered position. 
Lastly, the Petitioner maintains that the Beneficiary is well qualified for the position. However, we 
are required to follow long-standing legal standards and determine first, whether the proffered position 
qualifies for classification as a specialty occupation, and second, whether the Beneficiary was qualified 
for the position at the time the nonimmigrant visa petition was filed. Cf Matter of Michael Hertz 
Assocs., 19 I&N Dec. 558,560 (Comm'r 1988) ("The facts of a beneficiary's background only come 
at issue after it is found that the position in which the petitioner intends to employ him falls within [ a 
specialty occupation]."). The Petitioner has not done so here. 
Without sufficient and consistent evidence of the Beneficiary's duties within the context of the 
Petitioner's business operations, the Petitioner has not established the substantive nature of the work 
to be performed by the Beneficiary, which therefore precludes a conclusion that the proffered position 
satisfies any criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A), because it is the substantive nature of that work 
that determines (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 
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Matter C?f N-B- □ 
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 4.18 
IV. CONCLUSION 
The Petitioner has not established the proffered position is a specialty occupation. In visa petition 
proceedings, it is a petitioner's burden to establish eligibility for the immigration benefit sought. 
Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
Cite as Matter ofN-B- □ID# 5265316 (AAO Oct. 31, 2019) 
18 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 fiuiher discuss the Petitioner's assertions on appeal 
regarding the criteria under 8 C.F.R. § 214.2(h)(4)(iii)(A). 
10