dismissed H-1B Case: Technical Sales

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-G-A-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 27,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a language services, language tools, and technical information company, seeks to 
temporarily employ the Beneficiary as a "technical sales representative" under the H-1 B 
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, California Service Center, denied the petition. The Director concluded that the 
Petitioner had not established that the proffered position qualifies as a specialty occupation. 
The matter is now before us on appeal. In the appeal, the Petitioner submits a brief and asserts that it 
satisfied all evidentiary requirements. 
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.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: 
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Matter ofS-G-A-, LLC 
(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 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). U.S. Citizenship and Immigration Services (USCIS) has 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.ff, 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 "technical solutions sales 
representative." In a letter submitted in response to the Director's request for evidence (RFE), the 
Petitioner described the Beneficiary's responsibilities as follows: 
As the Technical Solutions Sales Representative, [the Beneficiary] will be responsible 
for identifying potential customers and determining the demand for the products and 
services offered by [the Petitioner], particularly a patented proprietary 
information management systems developed by the [Petitioner's] Group. IS a 
German acronym for " " 
which roughly translates as ' " 
supports the life cycle of content elements in a comprehensive, user-friendly 
system from the creation of a content element, through all intermediate incremental 
steps and versions, to publication over many years and in many languages. With the 
use of technical information can be updated and adapted to different uses and 
applications without manual editing. This decreases information redundancy and 
allows for timely access to the latest information .... 
[The Beneficiary] will be responsible for preparing budgets and business plans in 
regard to the m~rketing and sales of . ·This will include, but is not limited to, 
the development of pricing strategies with the goal of maximizing [the Petitioner's] 
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Matter ofS-G-A-, LLC 
market share while ensuring customer satisfaction. [The Beneficiary] will be held 
accountable for the completeness and accuracy of the budget and called upon to 
prepare and analyze accounting reports for the purpose of maintaining expenditure 
controls. 
In addition, [the Beneficiary] will plan and execute marketing and advertising policies 
and programs relative to the product as well as other ancillary [Petitioner] 
products and services. As necessary, [the Beneficiary] will represent [the Petitioner] 
at trade shows and in the meetings with prospective customers and existing 
customers. [The Beneficiary] will also prepare functional and technical specifications 
and financial proposals for customer-specific installations and prepare responses to 
RFP/Qs (Request for Proposal/Quote) and RFis (Request for Information). She will 
remain involved in implementation projects in the United States to assure they 
are compliant with Client Service Level Agreements. 
III. ANALYSIS 
Upon review of the record in its totality and for the reasons set out below, we determine that the 
Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. 1 
As a preliminary matter, we note that the Petitioner repeatedly references the Beneficiary's 
qualifications and abilities.- However, the Petitioner makes no claim that the pro±Iered position 
requires a bachelor's degree in a specific specialty, or its equivalent, outside the framework of the 
Beneficiary's specific educational background and credentials. USCIS is 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. C.f 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]."). 
A. First Criterion 
We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), 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? 
1 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. 
2 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site 
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Matter ofS-G-A-, LLC 
On the labor condition application (LCA)3 submitted in support of the H-1 B petition, the Petitioner 
designated the proffered position under the occupational category "Sales Representatives, Wholesale 
and Manufacturing, Technical and Scientific Projects" corresponding to the Standard Occupational 
Classification (SOC) code 41-4011. 
We reviewed the section of the Handbook covenng "Wholesale and Manufacturing Sales 
Representatives," including the section entitled "How to Become a Wholesale or Manufacturing 
Sales Representative," which states the following: 
Educational requirements vary, depending on the type of product sold. If the products 
are not scientific or technical, a high school diploma is generally enough for entry 
into the occupation. If the products are scientific or technical, sales representatives 
typically need at least a bachelor's degree. 
Education 
A high school diploma is sufficient for many positiOns, primarily for selling 
nontechnical or scientific products. However, those selling scientific and technical 
products typically must have a bachelor's degree. Scientific and technical products 
include pharmaceuticals, medical instruments, and industrial equipment. A degree in 
a field related to the product sold, such as chemistry, biology, or engineering, is often 
required. 
Many sales representatives attend seminars in sales techniques or take courses in 
marketing, economics, communication, or even a foreign language to improve their 
ability to make sales. 
Training 
Many companies have formal trammg programs for beginning wholesale and 
manufacturing sales representatives that last up to 1 year. In some programs, trainees 
rotate among jobs in plants and offices to learn all phases of producing, installing, and 
distributing the product. In others, trainees receive formal technical instruction at the 
plant, followed by on-the-job training under the supervision of a field sales manager. 
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 USCIS regularly reviews 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. 
3 The Petitioner is required to submit a certified LCA to USC IS to demonstrate that it will pay an H-I 8 worker the 
higher of either the prevailing wage for the oc<eupational 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, 545-546 (AAO 20 I 5). · 
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Matter ofS-G-A-, LLC 
New employees may be trained by going along with experienced workers on their 
sales calls. As they gain familiarity with the firm's products and clients, the new 
workers gain more responsibility until they eventually get their own territory. 
Licenses, Certifications, and Registrations 
Many in this occupation have either the Certified Professional Manufacturers' 
Representative (CPMR) certification or the Certified Sales Professional (CSP) 
certification, both offered by the Manufacturers' Representatives Educational 
Research Foundation (MRERF). Certification typically involves completing formal 
technical training and passing an exam. In addition, the CPMR requires 10 hours of 
contin11ing education every year in order to maintain certYJ.cation. · 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2016-17 ed., 
Wholesale and Manufacturing Sales Representatives, available on the Internet at http://www.bls.gov/ 
ooh/sales/wholesale-and-manufacturing-sales-representatives.htm#tab-4 (last visited Jan. 25, 20 17). 
As noted, the Handbook specifically states that "[a] high school diploma is sufficient for many 
positions, primarily for selling nontechnical or scientific products." Moreover, the Handbook 
reports that for positions which do require a bachelor's degree, "[a] degree in a field related to the 
product sold, such as chemistry, biology, or engineering, is often required." We note that in this 
case, although the Petitioner claims that the proffered position is a "technical sales representative," 
the Petitioner does not state that it requires a science or engineering, as the Handbook indicates is 
typical for selling scientific and technical products. 
The narrative of the Handbook further reports that many employees obtain professional certification 
to demonstrate a level of professional competency. It continues by outlining the requirements for 
wholesale and manufacturing sales representatives to~,achieve CPMR or CSP. According to the 
Handbook, these credentials are granted by MRERF for those who take the technical training and 
who also pass an exam and that continuing education is also required. Additionally, many 
companies have formal training programs of their own. The Petitioner did not indicate that such 
certification or training is required for this position, further indicating that the proffered position is 
not the type of technical wholesale and manufacturing sales representative that may require at least a 
bachelor's degree in a specific specialty. 
Thus, the Handbook does not support the claim that the "Wholesale and Manufacturing Sales 
Representatives" occupational category is one for which normally the minimum requirement for 
entry is a baccalaureate degree (or higher) in a specific specialty, or its equivalent. Even if it did 
(which it does not), to satisfy the first criterion, the Petitioner would be required to provide evidence 
to support a finding that the particular position proffered would normally have such a minimum, 
specialty degree requirement or its equivalent.4 
4 The Petitioner emphasizes in the record that the Beneficiary's multilingual skills uniquely qualify her to perform the 
duties of the proffered position. The Beneficiary's linguistic and cultural skills, however, do not necessarily come from 
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Matter ofS-G-A-. LLC 
We further note that 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 
the statutory and regulatory provisions, including 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. Here, the Petitioner did not provide sufficient persuasive 
evidence that the proffered position qualifies as 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 would normally have such a minimum, specialty degree requirement or its 
equivalent. Thus, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(1). 
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 
focuses upon 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 com~on to the industry in parallel positions among similar organizations. 
·· In determining whether there is such a common degree requirement, factors often considered by 
USCIS 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 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)). 
a course of study leading to a bachelor's degree in a specific specialty, or its equivalent. 
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Matter ofS-G-A-, LLC 
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) reports 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 discussi.on on the matter. Also, there are no submissions from 
the industry's professional association indicating that it has made a degree a minimum entry 
requirement, nor does the Petitioner submit evidence that a requirement of a bachelor's or higher 
degree in a specific specialty, or its equivalent, is common to the Petitioner's industry in positions 
that are (1) in the Petitioner's industry, (2)parallel to the proffered position, and also (3) located in 
organizations that are similar to the Petitioner. 
For these reasons, the Petitioner has not satisfied the first alternative prong of 8 C.F.R. 
§ 21 (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. 
Upon review, we find that the Petitioner has not sufficiently developed relative complexity or 
uniqueness as an aspect of the proffered position. While the description of the duties associated with 
the proffered position defines the range of duties that may be performed by the Beneficiary, it does 
not convey the substantive work that the Beneficiary will perform on a day-to-day basis. 
Moreover, although the Petitioner claims that the proffered position's duties are complex, it does not 
specifically claim that a bachelor's degree is required. Consequently, the record as constituted does not 
support a finding that the duties which collectively constitute the proffered position require 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. 
The record, therefore, does not include sufficient probative 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 of the position it claims is so complex. Although the Petitioner 
claims that the Beneficiary's background in law and her experience working as a lawyer for 
a multinational automotive corporation, have uniquely qualified her for the position, 
the Petitioner has not established how courses in law 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. Consequently, it cannot be concluded that the Petitioner 
has satisfied the second alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
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Matter ofS-G-A-, LLC 
C, Third Criterion 
The third criterion of 8 CF.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. To 
this end, we usually review a petitioner's past recruiting and hiring practices, as well as information 
regarding employees who previously held the position, and any other documentation submitted by a 
petitioner in support of this criterion of the regulations.-
Here the Petitioner does not assert that it has previously employed a technical sales representative, 
and does not state a specific degree requirement for the proffered position. The Petitioner, therefore, 
has not established the referenced criterion at 8 C.P.R. § 214.2(h)(4)(iii)(A)(3) based on its normal 
hiring practices. 
D. Fourth Criterion 
The fourth criterion at 8 C.P.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. 
The Petitioner asserts that the job duties of the proffered position are specialized and complex, and 
provided a description of the duties of the proffered position and information regarding its business 
operations. We find that the Petitioner has not sufficiently developed the substantive work that the 
Beneficiary 'Yould perform, and has not established that the duties of the proffered position are more 
specialized a'nd complex than positions that are not usually associated with at least a bachelor's 
degree in a specific specialty, or its equivalent. 
Upon our review, the record is devoid of any probative documentary evidence to support a finding 
that the duties to be performed by the Beneficiary in relation to the Petitioner's claimed operations 
are sufficiently complex and specialized to require the theoretical and practical application of a body 
of highly specialized knowledge, and the services of an individual with a bachelor's or higher degree 
in the specific specialty (or its equivalent) as a minihmm for entry into the occupation in the United 
States. Although the Petitioner claims that the Beneficiary's "personal background, formal 
education, multilingual skills, multicultural experience, and professional work history" uniquely 
qualify her for the proffered position, the record lacks sufficiently detailed information to distinguish 
the proffered position as more complex or specialized than positions within the same occupational 
category that can be performed by persons without at least a bachelor's degree in a specific specialty 
or its equivalent. Upon review of the totality of the record, the Petitioner has not demonstrated that 
its proffered position is one with duties sufficiently specialized and complex to satisfy 8 C.P.R. 
§ 214.2(h)(4)(iii)(A)(4). 
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Matter ofS-G-A-, LLC 
For the reasons related in the preceding discussion, the Petitioner has not established that it has 
satisfied any of the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A) and, therefore, it cannot be found that 
the proffered position qualifies as a specialty occupation. 
IV. PREVAILING WAGE 
As the Petitioner did not demonstrate that the proffered position is a specialty occupation, we need 
not fully address other issues evident in the record. That said, we wish to identify an additional issue 
to inform the Petitioner that this matter should be addressed in any future proceedings. 5 
The regulations require that before filing a H-1 B petition, a petitioner obtain a certified LCA from 
DOL in the occupational specialty in which the H-1B worker will be employed. See 8 C.F.R. 
§ 214.2(h)(4)(i)(B). The instructions that accompany the Form I-129 also specify that an H-1B 
petitioner must submit evidence that an LCA has been certified by DOL when submitting the Form 
I-129.6 
The regulation discussing filing requirements for applications and petitions at 8 C.F.R. § 103.2(b)(1) 
states: 
Demonstrating eligibility. An applicant or petitioQ.er must establish that he or she is 
eligible for the requested benefit at the time of filing the benefit request and must 
continue to be eligible through adjudication. Each benefit request must be properly 
completed and filed with all initial evidence required by applicable regulations and 
other USCIS instructions. Any evidence submitted in connection with a benefit 
request is incorporated into and considered part of the request. 
In this matter, the Petitioner filed an LCA, certified on January 27, 2016, with the instant visa 
petition which was filed on April 13, 2016. This LCA identified the rate of pay as $75,000 per year 
for a level III position, for the occupational code and place of employment. The Petitioner also 
claimed that it would compensate the Beneficiary at an annual salary of $75,000 in the H-1B 
petition. 
5 In reviewing a matter de novo, we may identify additional issues not addressed below in the Director's decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d I 025, I 043 (E. D. Cal. 2001 ), aff'd; 345 F.3d 683 (9th Cir. 
2003) ("The AAO may deny an application or petition on a ground not identified by the Service Center."). 
6 
DOL reviews LCAs "for completeness and obvious inaccuracies" and will certify the LCA absent a determination that 
the application is incomplete or obviously inaccurate. Section 212(n)( I )(G)(ii) of the Act. In contrast, USC IS must 
determine whether the attestations and content of an LCA correspond to and support the H-1 B visa petition, including 
the specific place of employment. 20 C.F.R. § 655.705(b); see also 8 C.F.R. § 214.2(h)(4)(i)(B). 
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Matter of S-G-A- , LLC 
The prevailing wage for the same area, wage level, and occupational code when the LCA was filed 
with DOL was $86,715 per year. 7 Thus, when the petition was filed, the Petitioner had not obtained 
a current, certified LCA which supported the petition. 
We find, therefore, that the LCA submitted here does not correspond to the petition. The Petitioner 
here did not comply with the filing requirement at 8 C.F.R. § 214.2(h)(4)(i)(B). 
V. CONCLUSION 
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofS-G-A- , LLC, ID# 155876 (AAO Jan. 27, 2017) 
7 For more information , please see Foreign Labor Certification Data Center's Online Wage Library , on the Internet at 
http ://www. tlcdatacenter .com/OesQuickResults .aspx ?code=27-3031 &area= ilyear= 17&source= I (last visited Jan. 
25, 2017). 
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