dismissed H-1B Case: Transportation

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-5S-D-C- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 23, 2015 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a limousine transportation business, seeks to temporarily employ the Beneficiary as a 
"management analyst" under the H-1B nonimmigrant classification. See Immigration and Nationality 
Act (the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service 
Center, denied the petition. The matter is now before us on appeal. The appeal will be dismissed. 
I. ISSUE 
The issue before us is whether the proffered position qualifies as a specialty occupation m 
accordance with the applicable statutory and regulatory provisions. 1 
II. SPECIALTY OCCUPATION 
For an H-1B petition to be granted, the Petitioner must provide sufficient evidence to establish that it 
will employ the Beneficiary in a specialty occupation position. To meet its burden of proof in this 
regard, the Petitioner must establish that the employment it is offering to the Beneficiary meets the 
applicable statutory and regulatory requirements. 
A. 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 
1 
We conduct appellate review on a de novo basis. Matter ofSimeio Solutions, LLC, 26 l&N Dec. 542 (AAO 2015); see 
also 5 U.S.C. § 557(b) ("On appeal from or review of the initial decision, the agency has all the powers which it would 
have in making the initial decision except as it may limit the issues on notice or by rule."); Dor v. INS, 891 F.2d 997, 
1002 n.9 (2d Cir. 1989). 
Matter of L-5S-D-C- LLC 
(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) states, in pertinent part, the following: 
Specialty occupation means an occupation which [(1)] requires theoretical and 
practical application of a body of highly specialized knowledge in fields of human 
endeavor including, but not limited to, architecture, engineering, mathematics, 
physical sciences, social sciences, medicine and health, education, business 
specialties, accounting, law, theology, and the arts, and which [(2)] requires the 
attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as 
a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, a proposed position 
must meet one of the following criteria: 
(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. 
As a threshold issue, it is noted that 8 C.F.R. § 214.2(h)(4)(iii)(A) must logically be read together 
with section 214(i)(1) of the Act and 8 C.F.R. § 214.2(h)(4)(ii). In other words, this regulatory 
language must be construed in harmony with the thrust of the related provisions and with the statute 
as a whole. SeeK Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291 (1988) (holding that construction 
oflanguage which takes into account the design of the statute as a whole is preferred); see also COlT 
Independence Joint Venture v. Fed Sav. and Loan Ins. Corp., 489 U.S. 561 (1989); Matter of W-F-, 
21 I&N Dec. 503 (BIA 1996). As such, the criteria stated in 8 C.F.R. § 214.2(h)(4)(iii)(A) should 
logically be read as being necessary but not necessarily sufficient to meet the statutory and 
regulatory definition of specialty occupation. To otherwise interpret this section as stating the 
necessary and sufficient conditions for meeting the definition of specialty occupation would result in 
particular positions meeting a condition under 8 C.F .R. § 214.2(h)( 4 )(iii)(A) but not the statutory or 
regulatory definition. See Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000). To avoid this 
result, 8 C.F.R. § 214.2(h)(4)(iii)(A) must therefore be read as providing supplemental criteria that 
2 
Matter of L-5S-D-C- LLC 
must be met in accordance with, and not as alternatives to, the statutory and regulatory definitions of 
specialty occupation. 
As such and consonant with section 214(i)( 1) of the Act and the regulation at 8 C.F .R. 
§ 214.2(h)(4)(ii), U.S. Citizenship and Immigration Services (USCIS) consistently interprets 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 proffered 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"). Applying this standard, USC IS regularly approves H -1 B petitions for qualified 
individuals who are to be employed as engineers, computer scientists, certified public accountants, 
college professors, and other such occupations. These professions, for which petitioners have 
regularly been able to establish a minimum entry requirement in the United States .of a baccalaureate 
or higher degree in a specific specialty, or its equivalent, directly related to the duties and 
responsibilities of the particular position, fairly represent the types of specialty occupations that 
Congress contemplated when it created the H-1B visa category. 
To determine whether a particular job qualifies as a specialty occupation, USCIS does not simply 
rely on a position's title. The specific duties of the proffered position, combined with the nature of 
the petitioning entity's business operations, are factors to be considered. USCIS must examine the 
ultimate employment of the individual, and determine whether the position qualifies as a specialty 
occupation. See generally Defensor v. Meissner, 201 F. 3d 384. The critical element is not the title 
of the position or an employer's self-imposed standards, but whether the position actually requires 
the theoretical and practical application of a body of highly specialized knowledge, and the 
attainment of a baccalaureate or higher degree in the specific specialty as the minimum for entry into 
the occupation, as required by the Act. 
B. The Proffered Position 
On the Form I-129, the Petitioner indicated that it is seeking the Beneficiary's services as a 
management analyst on a full-time basis. In addition, the Petitioner provided a brief job description 
for the proffered position. 
In response to the RFE, the Petitioner provided a revised job description, along with the approximate 
percentage of time the Beneficiary will spend performing each duty, as follows: 
Job Duties Percent Level Hour Minimu Training Experience 
age of of s per m necessary 
time respo wee educati 
spent nsibil k on 
ity 
Conduct 15% High 5 Bachel The person Bachelor's 
organizational or's should have degree or 
3 
Matter of L-5S-D-C- LLC 
studies and Degree analytical higher, at 
evaluations .... skills, ability to least one 
[The Beneficiary] accomplish year m a 
will be tasked with tasks at hand, manageme 
contacting and training in Java nt position 
working with Programming or 
information or other manageme 
technology programming nt analyst 
developers to create languages, position. 
an application for [and] training 
our company and on Windows 
he will advise systems. 
management on 
most cost effective 
and efficient 
options to develop 
the mobile 
technology. He will 
conduct studies of 
the options 
available, market 
needs and make 
evaluations of 
available avenues 
for [the Petitioner] 
to develop the 
technology. 
[The Petitioner] has 20% Very 5 Bachel The person Bachelor's 
two innovative High or's should have degree or 
projects which Degree analytical higher, at 
management needs skills, ability to least one 
assistance of [the complete tasks year m a 
Beneficiary] .... at hand, [and] manageme 
[The Beneficiary] training in nt position 
will be tasked with market or 
advising analysis, [and] manageme 
management on economics. nt analyst 
detailing, and position. 
analyzing bay area 
potential market 
segment demand 
for different needs 
to transportation. 
4 
(b)(6)
Matter of L-5S-D-C- LLC 
Design systems and 5% Very 5 Bachel The person Bachelor's 
procedures [for the High or's should have degree or 
Petitioner] to adopt Degree analytical higher, at 
new technologies skills, ability to least one 
such as mobile implement year m a 
application for tasks at hand, manage me 
convenient ordering [and] training nt position 
of limousine in market or 
services , I analysis, [and] manageme 
or _j economics. nt analyst 
project. [The position. 
Beneficiary] will 
design systems to 
implement projects 
into current 
operations of [the 
Petitioner]. 
Conduct work 5% High 4 Bachel The person Bachelor's 
simplification and or's should have degree or 
measurement Degree analytical higher, at 
studies for current skills, training least one 
operations of [the in accounting year m a 
Petitioner] to make systems , manageme 
ordering of services information ntposition 
easy for customers technology or 
and efficient for systems, [and] manageme 
limousine drivers to understanding nt analyst 
take orders. of economics position. 
principals. 
Prepare operations 5% High 5 Bachel The person Bachelor's 
and procedures or's should have degree or 
manuals to assist Degree analytical higher, at 
[the Petitioner ' s] skills , [and] least one 
management in training in year m a 
operating more accounting manageme 
efficiently and systems , [and] nt position 
effectively. information or 
technology manageme 
systems . nt analyst 
position. 
Gather and 10% Very 5 Bachel The person Bachelor's 
orgamze High or' s should have degree or 
information on Degree analytical higher , at 
5 
(b)(6)
Matter of L-5S-D-C- LLC 
problems or skills, [and] least one 
procedures with training in year m a 
[the Petitioner] accounting manage me 
currently systems , [and] nt 
position 
experiences such as information or 
retention of drivers technology manageme 
and driver incentive systems. nt analyst 
and motivation position. 
processes to avoid 
losing drivers to 
and 
other competitors. 
Analyze data 5% High 2 Bachel The person Bachelor's 
gathered and or' s should have degree or 
develop solutions Degree analytical higher , at 
or alternative skills, [and) least one 
methods of training in year m a 
proceeding to retain accounting manageme 
and incentivize [the systems , [and] nt position 
Petitioner's] information or 
drivers. technology manageme 
systems. nt analyst 
position . 
Assist management 5% High 2 Bachel The person Bachelor ' s 
in communicating or' s should have degree or 
with [the Degree analytical higher, at 
Petitioner ' s] skills, [and] least one 
personnel about training in year m a 
systems (such as accounting manage me 
mobile systems , [and] nt position 
applications) and information or 
services (such as technology manageme 
' · and systems . nt analyst 
attractions position. 
tour services) to be 
implemented to 
ensure successful 
functioning of 
newly implemented 
systems or 
procedures[.] 
Develop and 15% High 2 Bachel The person Bachelor ' s 
implement records or' s should have degree or 
(b)(6)
Matter of L-5S-D-C- LLC 
management Degree analytical higher, at 
program for filing, skills, [and] least one 
protection, and training in year m a 
retrieval of records accounting manage me 
of current systems , [and] nt position 
management information or 
systems. technology manageme 
systems. nt analyst 
position. 
Document findings 5% High 3 Bache I The person Bachelor's 
of study and or's should have degree or 
prepare Degree analytical higher, at 
recommendations skills, [and] least one 
for implementation training in year m a 
of new systems accounting manageme 
such as such as systems, [and] nt position 
[sic] and information or 
technology manageme 
attractions tour systems . nt analyst 
services, position. 
procedures , and 
organizational 
appropriate 
company changes[.] 
Prepare manuals 10% High 2 Bachel The person ·Bachelor 's 
and train workers in or's should have degree or 
use of new forms, Degree analytical higher, at 
reports, procedures skills, [and] least one 
or equipment , training in year m a 
according to accounting manageme 
organizational systems , [and] nt position 
policy when information or 
implementing new technolog y manageme 
services and systems. nt analyst 
improving existing position . 
services. 
Total: 100% 30-
35 
(Verbatim. Column formatting has been adjusted.) 
The Petitioner also stated in response to the RFE that "[a]t least a Bachelor 's degree is required of 
the candidate in business or related field." 
(b)(6)
Matter of L-5S-D-C- LLC 
C. Analysis 
As previously discussed, the issue before us is whether the Petitioner has provided sufficient 
evidence to establish that it would employ the Beneficiary in a specialty occupation position. 
The Petitioner's claim that "[a]t least a Bachelor 's degree is required of the candidate in business or 
related field" is inadequate to establish that the proposed position qualifies as a specialty occupation. 
A petitioner must demonstrate that the proffered position requires a precise and specific course of 
study that relates directly and closely to the position in question. 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. Cf Matter ofMichael Hertz Associa tes, 19 I&N Dec. 558, 560 
(Comm'r 1988). 
To prove that a job requires the theoretical and practical application of a body of highly specialized 
knowledge as required by section 214(i)(1) of the Act, a petitioner must establish that the position 
requires the attainment of a bachelor's or higher degree in a specialized field of study or its 
equivalent. As discussed supra, USCIS interprets the degree requirement at 8 C.F.R. · § 
214.2(h)( 4 )(iii)( A) to require a degree in a specific specialty that is directly related to the proposed 
position. Although 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 particu~ar position qualifies for classification as a specialty occupation . Royal 
Siam Corp. v. Chertoff, 484 F.3d at 147. 
Again, the Petitioner claims that the duties of the proffered posttiOn can be performed by an 
individual with only a general-purpose bachelor's degree, i.e., a bachelor's degree in business. 
Without more, this assertion alone indicates that the proffered position is not in fact a specialty 
occupation. The Director's decision must therefore be affirmed and the appeal dismissed on this 
basis alone. 
In addition, we find that there are inconsistencies in the record with regard to the proffered position. 
For instance, on the Form 1-129 and the Labor Condition Application (LCA), the Petitioner asserted 
that the Beneficiary will serve as a management analyst. However, on appeal, the Petitioner 
submitted printouts from which show the Beneficiary as a business manager for the 
Petitioner. In addition, the Petitioner submitted printouts from the website of the Better Business 
Bureau indicating that the Beneficiary is the owner of the petitioning company. No explanation for 
these inconsistencies was provided. 
Moreover, the Petitioner has provided inconsistent information regarding its number of employees . 
For example, on the Form 1-129, the Petitioner indicated that it has no employees , but 12 contractors. 
However, on appeal, the Petitioner states that it has a receptionist. No explanation for this variance 
Matter of L-5S-D-C- LLC 
was provided. Also, the Petitioner did not address how the Beneficiary would be relieved from 
performing non-qualifying duties. 2 
For an H-1B petition to be granted, the Petitioner must provide sufficient evidence to establish that it 
will employ the Beneficiary in a specialty occupation position. "[I]t is incumbent upon the petitioner 
to resolve the inconsistencies by independent objective evidence." Matter of Ho, 19 I&N Dec. 582, 
591 (BIA 1988). Any attempt to explain or reconcile such inconsistencies will not suffice unless the 
petitioner submits competent objective evidence pointing to where the truth lies. !d. at 591-92. 
While these issues alone preclude approval of the petition, we will nevertheless, for the purpose of 
performing a comprehensive analysis of whether the proffered position qualifies as a specialty 
occupation, discuss the criteria at 8 C.F.R. § 214.2(h)( 4)(iii)(A). 
A baccalaureate or higher degree in a spec?fic specialty, or its equivalent, is 
normally the minimum requirement/or entry into the particular position 
To make our determination as to whether the employment described above qualifies as a specialty 
occupation, we tum first to the criteria at 8 C.F .R. § 214.2(h)( 4 )(iii)(A)(l), which is satisfied by 
establishing that a baccalaureate or higher degree in a specific specialty, or its equivalent, is 
normally the minimum requirement for entry into the particular position that is the subject of the 
petition. 
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 it addresses. 3 In the instant case, the Petitioner provided an LCA in support of the 
petition stating that the occupational classification for the proffered position is "Management 
Analysts." 
We reviewed the chapter of the Handbook entitled "Management Analysts," including the sections 
regarding the typical duties and requirements for this occupational category. 4 The subchapter of the 
2 When reviewing the record, we find that it is reasonable to assume that the size of an employer's business has or could 
have an impact on the duties of a particular position. See EG Enters., Inc. v. DHS, 467 F. Supp. 2d 728 (E.D. Mich. 
2006). Thus, the size of a petitioner may be considered as a component of the nature of the petitioner's business, as the 
size impacts upon the duties of a particular position. hi matters where a petitioner's business is relatively small, we 
review the record for evidence that its operations, are, nevertheless, of sufficient complexity to indicate that it would 
employ the Beneficiary in a position requiring the theoretical and practical application of a body of highly specialized 
knowledge that may be obtained only through a baccalaureate or higher degree in a specific specialty, or its equivalent. 
Additionally, when a petitioner employs relatively few people, it may be necessary for the petitioner to establish how the 
beneficiary will be relieved from performing non-qualifying duties. 
3 The Handbook, which is available in printed form, may also be accessed online at 
http://www.stats.bls.gov/oco/. Our references to the Handbook are from the 2014-15 edition available online. We 
hereby incorporate into the record of proceeding the excerpt from the Handbook regarding the occupational category 
"Management Analysts." 
4 For additional information regarding the occupational category "Management Analysts," see U.S. Dep't of Labor, 
9 
Matter of L-5S-D-C- LLC 
Handbook entitled "How to Become a Management Analyst" states the following about this 
occupation: 
Most management analysts have at least a bachelor's degree. The Certified 
Management Consultant (CMC) designation may improve job prospects. 
Education 
A bachelor's degree is the typical entry-level requirement for management analysts. 
However, some employers prefer to hire candidates who have a master's degree in 
business administration (MBA). 
Few colleges and universities offer formal programs in management consulting. 
However, many fields of study provide a suitable education because of the range of 
areas that management analysts address. Common fields of study include business, 
management, economics, political science and government, accounting, finance, 
marketing, psychology, computer and information science, and English. 
Analysts also routinely attend conferences to stay up to date on current developments 
in their field. 
Licenses, Certifications, and Registrations 
The Institute of Management Consultants USA (IMC USA) offers the Certified 
Management Consultant (CMC) designation to those who meet minimum levels of 
education and experience, submit client reviews, and pass an interview and exam 
covering the IMC USA's Code of Ethics. Management consultants with a CMC 
designation must be recertified every 3 years. Management analysts are not required 
to get certification, but it may give jobseekers a competitive advantage. 
Work Experience in a Related Occupation 
Many analysts enter the occupation with several years of work experience. 
Organizations that specialize in certain fields typically try to hire candidates who 
have experience in those areas. Typical work backgrounds include management, 
human resources, and information technology. 
U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., 
Management Analysts, http://www. bls. gov I ooh/business-and- financial/management­
analysts.htm#tab-4 (last visited Nov. 17, 2015). 
The Handbook reports that management analysts are not required to get certification, but it may give 
jobseekers a competitive advantage. According to the Handbook, the Institute of Management 
Bureau of Labor Statistics, Occupational Outlook Handbook, 2014-15 ed., Management Analysts, 
http://www.bls.gov/ooh/business-and-financial/management-analysts.htm#tab-l (last visited Nov. 17, 20 15). 
10 
Matter of L-5S-D-C- LLC 
Consultants USA (IMC USA) offers the Certified Management Consultant (CMC) designation to 
those who meet minimum levels of education and experience, submit client reviews, and pass an 
interview and exam covering the IMC USA's Code of Ethics. There is no indication that the 
Petitioner requires the Beneficiary to have obtained the CMC designation or any other professional 
designation to serve in the proffered position. 
Here, the Handbook indicates that baccalaureate degrees in various fields are acceptable for entry 
into the occupation. In addition to recognizing degrees in disparate fields (i.e., business, 
management, economics, political science and government, accounting, finance, marketing, 
psychology, computer and information science, and English), the Handbook states that a degree in 
business is acceptable. As previously noted, although 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. Chertoff, 484 F.3d at 147. Therefore, the 
Handbook's recognition that a general, non-specialty degree in business is sufficient for entry into 
the occupation strongly suggests that a bachelor's degree in a specific specialty is not normally the 
minimum requirement for entry into this occupation. 5 
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. 
The Handbook does not support the claim that the occupational category of management analysts 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, the record lacks sufficient evidence to support a 
finding that the particular position proffered here, an entry-level management analyst 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 
5 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. It is the Petitioner's responsibility to provide probative evidence (e.g., 
documentation from other objection, 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. 
1 I 
Matter of L-5S-D-C- LLC 
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)(l). 
The requirement of a baccalaureate or higher degree in a specific specialty, 
or its equivalent, is common to the industry in parallel 
positions among similar organizations 
Next, we will review the record regarding the first of the two alternative prongs of 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(2). This prong alternatively calls for a petitioner to establish that a requirement 
of a bachelor's or higher degree in a specific specialty, or its equivalent, is common for positions 
that are identifiable as being (1) in the petitioner's industry, (2) parallel to the proffered position, and 
also (3) located in organizations that are similar to the petitioner. 
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)). 
As previously discussed, the Petitioner has not established that its proffered position is one for which 
the Handbook (or other authoritative source) reports a standard 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. 
The Petitioner submitted copies of job advertisements in support of the assertion that the claimed 
degree requirement is common to the Petitioner's industry in parallel positions among similar 
organizations. However, upon review of the documents, we find that the Petitioner's reliance on the 
job announcements is misplaced. 
On the Form I-129, the Petitioner stated that it is a limousine transportation business with no 
employees and 12 contractors. The Petitioner also reported its gross annual income as $514,747.76, 
and its net annual income as $78,245.76. The Petitioner designated its business operations under the 
North American Industry Classification System (NAICS) code 48532. 6 This NAICS code is 
designated for "Limousine Service." 7 The U.S. Department of Commerce, Census Bureau website 
describes this NAICS code by stating, "This industry comprises establishments primarily engaged in 
providing an array of specialty and luxury passenger transportation services via limousine or luxury 
6 According to the U.S. Census Bureau, the North American Industry Classification System (NAICS) is used to classify 
business establishments according to type of economic activity and, each establishment is classified to an industry 
according to the primary business activity taking place there. See http://www.census.gov/eos/www/naics/ (last visited 
Nov. 17, 2015). 
7 
A search of the code 48532 results in the description for "Limousine Service" listed under the code 485320. 
12 
Matter of L-5S-D-C- LLC 
sedans generally on a reserved basis. These establishments do not operate over regular routes and on 
regular schedules." U.S. Dep't of Commerce, U.S. Census Bureau, 2012 NAICS Definition, 485320 
- Limousine Service, available at http://www.census.gov/cgi-binJsssd/naics/naicsrch (last visited 
Nov. 17, 2015). 
Although the Petitioner submitted job postings that appear to be for positions in the Petitioner's 
industry, the advertisements do not appear to involve parallel positions. For example, one of the 
postings states that the marketing program manager position requires a degree, plus three years of 
experience in a design or merchandising capacity and two years of experience in a program 
management role. The Petitioner also submitted an advertisement for the position of retention 
operations manager that requires a degree, plus four years of management experience and two years 
of experience in an operational role." The Petitioner designated its proffered position as a wage 
level I (entry level) position on the LCA. 8 The advertised positions therefore appear to involve more 
senior positions than the proffered position. More importantly, the Petitioner has not sufficiently 
established that the primary duties and responsibilities of the advertised positions are parallel to 
those of the proffered position. 
Moreover, the postings do not indicate that at least a bachelor's degree in a directly related specific 
specialty (or its equivalent) is required. 9 For instance, the postings state that a degree is necessary, 
but they do not state that a specific specialty is required. Thus, the job postings suggest, at best, that 
8 The "Prevailing Wage Determination Policy Guidance" issued by DOL provides a description of the wage levels. A 
Level I wage rate is described by DOL as follows: 
Level I (entry) wage rates are assigned to job offers for begilming level employees who have only a 
basic understanding of the occupation. These employees perform routine tasks that require limited, if 
any, exercise of judgment. The tasks provide experience and familiarization with the employer's 
methods, practices, and programs. The employees may perform higher level work for training and 
developmental purposes. These employees work under close supervision and receive specific 
instructions on required tasks and results expected. Their work is closely monitored and reviewed for 
accuracy. Statements that the job offer is for a research fellow, a worker in training, or an internship 
are indicators that a Level I wage should be considered. 
U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. 
Immigration Programs (rev. Nov. 2009), available at http://www.foreignlaborcert.doleta.gov/ 
pdf/NPWHC_ Guidance_ Revised_11_2009.pdf. 
9 As discussed, the degree requirement set by the statutory and regulatory framework of the H-18 program is not just a 
bachelor's or higher degree, but a degree in a specific specialty that is directly related to the duties of the position. See 
section 214(i)(l)(b) ofthe Act and 8 C.F.R. § 214.2(h)(4)(ii). 
In addition, since there must be a close correlation between the required "body of highly specialized knowledge" and the 
position, a minimum entry requirement of a degree in disparate fields would not meet the statutory requirement that the 
degree be "in the specific specialty," unless the Petitioner establishes how each field is directly related to the duties and 
responsibilities ofthe particular position such that the required "body of highly specialized knowledge" is essentially an 
amalgamation ofthese different specialties. Section 214(i)(l)(B) ofthe Act (emphasis added). 
13 
. Matter of L-5S-D-C-LLC 
a bachelor's degree is sometimes required for such positions, but not at least a bachelor's degree in a 
specific specialty (or its equivalent). 10 
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. 11 That is, not every deficit of every job posting has been addressed. 
The Petitioner also submitted printouts from Uber's website regarding its employees. However, the 
Petitioner does not demonstrate that the individuals are employed in management analyst positions, 
and therefore, the documentation is irrelevant to the instant matter. 
Thus, based upon a complete review of the record, the Petitioner has not established 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 the 
reasons discussed above, the Petitioner has not satisfied the first alternative prong of 8 C.F .R. 
§ 214.2(h)( 4)(iii)(A)(2). 
The particular position is so complex or unique that it can be performed only by 
an individual with a baccalaureate or higher degree in a 
specific specialty, or its equivalent 
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 support of its assertion that the proffered pos1t10n qualifies as a specialty occupation, the 
Petitioner described the proffered position and its business operations. Upon review, we find that 
the Petitioner has not sufficiently developed relative complexity or uniqueness as an aspect of the 
10 It must be noted that even if all of the job postings indicated that a bachelor's degree in a specific specialty, or its 
equivalent, is common to the industry in parallel positions among similar organizations (which they do not), the 
Petitioner does not demonstrate what inferences, if any, can be drawn from these advertisements 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). 
As such, even if the job announcements supported the finding that the position required a bachelor's or higher degree in 
a specific specialty, or its equivalent (for organizations in the same industry that are similar to the petitioner), it cannot be 
found that such a limited number ofpostings that appear to have been consciously selected outweigh the findings of the 
Handbook published by the Bureau of Labor Statistics that such a position does not normally require at least a 
baccalaureate degree in a specific specialty, or its equivalent, for entry into the occupation in the United States. 
11 
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. 
14 
Matter of L-5S-D-C- LLC 
proffered position. For instance, the Petitioner did not submit information relevant to a detailed 
course of study leading to a specialty degree and did not establish how such a curriculum is 
necessary to perform the duties it may believe are so complex and unique. 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. 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. 12 
The record does not establish which of the duties, if any, of the proffered position would be so 
complex or unique as to be distinguishable from those of similar but non-degreed or non-specialty 
degreed employment. The evidence of record does not establish that this position is significantly 
different from other positions in the occupational category such that it refutes the Handbook's 
information that a bachelor's degree in a specific specialty, or its equivalent, is not required for the 
proffered position. 
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 has not satisfied the second 
alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
The employer normally requires a baccalaureate or higher degree in a 
specific specialty, or its equivalent, for the position 
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. To 
this end, we review the 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. 
12 Again, the Petitioner designated the proffered position on the LCA at a Level I (entry level) wage level, which is the 
lowest of four assignable wage-levels. This designation indicates that the proffered position is a low-level, entry position 
relative to others within the "Management Analysts" occupational category. 
The issue here is that the Petitioner's designation of this position as a Level I, entry-level 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 not preclude a proffered position 
from classification as a specialty occupation. In certain occupations (doctors or lawyers, for example), an entry-level 
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)(l) of the Act. 
15 
Matter of L-5S-D-C- LLC 
To merit approval of the petition under this criterion, the record must establish that a petitioner's 
imposition of a degree requirement is not merely a matter of preference for high-caliber candidates 
but is necessitated by performance requirements of the position. While a petitioner may assert that a 
proffered position requires a specific degree, that statement 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 petitioner 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 
v. Meissner, 201 F.3d at 388. In other words, if a petitioner's stated degree requirement is only 
designed to artificially meet the standards for an H-1B visa and/or to underemploy an individual in a 
position for which he or she is overqualified and if 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)(1) of the Act; 
8 C.F.R. § 214.2(h)(4)(ii) (defining the term "specialty occupation"). 
To satisfy this criterion, the evidence of record must show that the specific performance 
requirements of the position generated the recruiting and hiring history. A petitioner's perfunctory 
declaration of a particular educational requirement will not mask the fact that the position is not a 
specialty occupation. USCIS must examine the actual employment requirements, and, on the basis 
of that examination, determine whether the position qualifies as a specialty occupation. See 
generally Defensor v. Meissner, 201 F. 3d 384. In this pursuit, the critical element is not the title of 
the position, or the fact that an employer has routinely insisted on certain educational standards, but 
whether performance of the position actually requires the theoretical and practical application of a 
body of highly specialized knowledge, and the attainment of a baccalaureate or higher degree in the 
specific specialty as the minimum for entry into the occupation as required by the Act. To interpret 
the regulations any other way would lead to absurd results: if USCIS were constrained to recognize 
a specialty occupation merely because the Petitioner has an established practice of demanding 
certain educational requirements for the proffered position - and without consideration of how a 
beneficiary is to be specifically employed- then any individual with a bachelor's degree in a specific 
specialty could be brought into the United States to perform non-specialty occupations, so long as 
the employer required all such employees to have baccalaureate or higher degrees. See id. at 388. 
In response to the RFE, the Petitioner stated that it enclosed its advertisements for the proffered 
position. However, the advertisements were not provided. Upon review of the record of proceeding, 
we find that the Petitioner has not established a prior history of recruiting and hiring for the 
proffered position persons with at least a bachelor's degree in a specific specialty, or its equivalent. 
The Petitioner has not provided probative evidence to establish that it normally requires at least a 
bachelor's degree in a specific specialty, or its equivalent, for the proffered position. Thus, the 
Petitioner has not satisfied the third criterion of 8 C.F .R. § 214.2(h)( 4 )(iii)(A). 
16 
Matter of L-5S-D-C-LLC 
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 in a specific specialty, or its equivalent 
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. 
The Petitioner claims that the nature of the specific duties of the position in the context of its 
business operations 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. We reviewed the Petitioner's statements regarding duties of the proffered position 
and its business operations. However, relative specialization and complexity have not been 
sufficiently developed by the Petitioner as an aspect of the proffered position. That is, the proposed 
duties have not been described with sufficient specificity to establish that they are more specialized 
and complex than positions that are not usually associated with at least a bachelor's degree in a 
specific specialty, or its equivalent. 
We further incorporate our earlier discussion and analysis regarding the duties of the proffered 
position, and the designation of the proffered position in the LCA as a Level I position (of the lowest 
of four assignable wage-levels) relative to others within the occupational category. Without more, 
the position is one not likely distinguishable by relatively specialized and complex duties. That is, 
without further evidence, the Petitioner has not demonstrated that its proffered position is one with 
specialized and complex duties as such a position would likely be classified at a higher-level, such as 
a Level III (experienced) or Level IV (fully competent) position, requiring a substantially higher 
"1" 13 prevm mg wage. 
Although the Petitioner asserts that the nature of the specific duties is specialized and complex, the 
record lacks sufficient evidence to support this claim. Thus, the Petitioner has submitted inadequate 
probative evidence to satisfy the criterion ofthe regulations at 8 C.F.R. § 214.2(h)(4)(iii)(A)(4). 
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. The appeal will be dismissed and the 
petition denied. 
13 
A Level IV (fully competent) position is designated by DOL for employees who "use advanced skills and diversified 
knowledge to solve unusual and complex problems" and requires a significantly higher wage. For additional information 
regarding wage levels as defined by DOL, see U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage 
Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at 
http://www.foreignlaborcert.doleta.gov/pdf/NPWHC _Guidance_ Revised _11_ 2009.pdf. 
1'7 
(b)(6)
Matter of L-5S-D-C- LLC 
III. EMPLOYER-EMPLOYEE 
Since the identified bases for denial are dispositive of the Petitioner's appeal, we need not address 
another ground of ineligibility we observe in the record of proceeding. Nevertheless, we will briefly 
note and summarize it here with the hope and intention that, if the Petitioner seeks again to employ 
the Beneficiary or another individual as an H-1B employee in the proffered position, it will submit 
sufficient independent objective evidence to address and overcome this additional ground in any 
future filing. 
As previously discussed, the Petitioner submitted documentation that indicates that the Beneficiary 
is the owner of the petitioning company, which leaves unanswered questions as to whether or not he 
would be an "employee" having an "employer-employee relationship" with a "United States 
employer." See 8 C.F.R. § 214.2(h)(4)(ii) (defining the term "United States employer" and requiring 
the Petitioner demonstrate that it will have an employer-employee relationship with the 
Beneficiary). Further, although we sent an RFE to the Petitioner to clarify the Beneficiary's role, the 
Petitioner did not submit all of the requested evidence, such as an organizational chart and its U.S. 
Federal Tax Return for 2014. 14 Based on the evidence of record, it does not appear that the 
Petitioner will have the requisite employer-employee relationship with the Beneficiary. 
IV. CONCLUSION AND ORDER 
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; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of L-5S-D-C- LLC, ID# 12635 (AAO Nov. 23, 2015) 
14 In response to our RFE, the Petitioner submitted a copy of its business license certificate. Notably, 
the document includes an entry for the identity of the owner, but that entry is blank. In addition, the Petitioner provided 
a Form 1099 for the "owner and CEO," which classifies him as a "nonemployee." Notably, his last name is misspelled 
in the document. In addition, the Petitioner submitted a copy of the "owner and CEO's" driver's license, which was 
issued on November 1, 2007, and expired on September 8, 2012, three years prior to the RFE response. "Failure to 
submit requested evidence which precludes a material line of inquiry shall be grounds for denying the [petition]." 
8 C.F.R. § 103.2(b)(14). 
18