dismissed H-1B Case: Wildlife Management

MATTER OF J-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 10,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a hunting and wildlife breeding operation, seeks to temporarily employ the Beneficiary 
as a "ranch manager - super exotics" under the H -1 B nonimmigrant classification for specialty 
occupations. See Immigration and Nationality Act (the Act) section 10l(a)(15)(H)(i)(b), 8 U.S.C. 
§ 1101(a)(l5)(H)(i)(b). The H-1B program allows a U.S. employer to temporarily employ a qualified 
foreign worker in a position that requires both (a) the theoretical and practical application of a body 
of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the 
specific specialty (or its equivalent) as a min~mum prerequisite for entry into the position. 
The Director, Vermont Service Center, denied the petition. The Director concluded that the 
proffered position does not qualify as a specialty occupation. 
The matter is now before us on appeal. In its appeal, the Petitioner asserts that the evidence of 
record satisfies 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 foll~wing criteria to qualify as a specialty occupation: 
Matter of J-, LLC 
(I) 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-1B petition, the Petitioner stated that the Beneficiary will serve as a "ranch manager- super 
exotics." In a letter submitted with the H-lB petition, the Petitioner provided the following list of 
the duties of the position: 
• Direct the breeding and raising of super exotic animals, including African species 
using recognized breeding practices to ensure stock improvement. 
• Coordinate and manage the capturing and immobilizing super exotic animals for 
medication and vaccination purposes. 
• Effectively judge and visually determine basic body condition for all ranch animals. 
• Anticipate problems with certain species mating together that could result in cross­
breeding or be harmful to the animals. 
• Instruct and oversee all company guides on their ability to properly identify, track 
and hunt exotic species to ensure that only specific types, breeds and ages of 
animals are hunted. 
• Determine client's level of expertise in gun safety. 
• Instruct client on the local laws of hunting in order to assist client in the tracking 
and identifying of animals. 
• Properly evaluate whether the exotic animal is a "trophy" animal and able to be 
hunted. 
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• Study rangeland management practices and research range problems to provide 
sustained production of forage, livestock, and wildlife. 
• Plan and direct construction and maintenance of range improvements such as 
fencing, corrals, stock-watering reservoirs and soil-erosion control structures. 
• Tailor conservation plans to company's goals. 
• Develop technical standards and specifications used to manage, protect and improve 
the natural resources of range lands and related grazing lands. 
Subsequently, in response to a request for evidence (RFE), the Petitioner provided the following 
expanded description of the duties of the position (note: errors in the original text have not been 
changed): 
1. Utilize extensive knowledge of the ongms, behavior, diseases, genetics and life 
processes of exotic African animals and wildlife to direct the breeding and raising of 
super exotic animals, includiqg multiple African species, using recognized breeding 
practices to ensure stock improvement (45%). 
a. Effectively judge and visually determine basic body condition for all ranch 
animals (5%). 
b. Perform inventory of exotic wildlife and meet with owners regarding injured or 
sick animals, treatment, and general population observations (8%). 
c. Conduct research concerning animal nutrition, breeding or management to 
improve stock ( 5% ). 
d. Review and analyze the effects of management practices, processing methods, 
feed or environmental conditions on quality and quality of animal products and 
discuss findings with owner to determine what changes may be required to current 
practices (9% ). 
e. Review and analyze the nutritional requirements of exotic animals and the 
nutritive values of animal feed materials and determine if supplements or 
additional feed materials are required to enhance the nutritional value of feed 
(5%). 
f. Research and review new products and provide advice to owners on products and 
techniques that could enhance their animals production efforts ( 4% ). 
g. Coordinate and manage the capturing and immobilizing super exotic animals for 
medication and vaccination purposes (4%). 
h. Utilize knowledge of and experience with exotic animals to anticipate problems 
with certain species mating together that could result in cross-breeding or be 
harmful to animals (5%). 
2. Measure and assess vegetation resources, effects of the local environment on exotic 
and native animals', interpret findings and make recommendations to owners 
regarding the management and planning of wildlife populations and habitats by 
utilizing extensive knowledge of natural habitats of exotic African animals (35% ). 
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a. Study rangeland management practices and research range problems to provide 
sustained production of forage, livestock, and wildlife ( 5% ). 
b. Plan and direct construction and management of range improvements such as 
fencing, corrals, stock-watering reservoirs and soil-erosion control structures 
(8%). 
c. Regulate grazing, and help owners plan and organize grazing systems in order to 
manage, improve and protect rangelands and maximize their use ( 1 0% ). 
d. Maintain soil stability and vegetation for non-grazing users, such as wildlife 
habitats and outdoor recreation (2%). 
e. Develop technical standards and specifications used to manage, protect and 
improve the natural resources of range lands and related grazing lands and tailor 
conservation plans to ensure company growth (10%). 
3. Instruct and oversee all company guides on their ability to properly identify, track and 
hunt exotic species to ensure that only specific types, breeds and ages of animals are 
hunted (20% ). 
a. Determine client's level of expertise in gun safety (5%). 
b. Instruct client on the local laws of hunting in order to assist client in the tracking 
and identifying of animals (5%). 
c. Properly evaluate whether the exotic animal is a "trophy" animal and able to be 
hunted (10%). 
The Petitioner stated, "The duties performed by [the Beneficiary] in the [proffered position] are 
extremely specialized and complex and the knowledge required to perform these duties is usually 
associated with attainment of a degree." The Petitioner did not indicate that the requisite degree 
must be in any specific specialty or, if it does, identify that specialty. 
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. 
Specifically, the record (1) does not describe the position's duties with sufficient detail; and (2) does 
not establish that the job duties require an educational background, or its equivalent, commensurate 
with a sp~cialty occupation. 1 
The Petitioner's claim that a bachelor's degree is a sufficient minimum requirement for entry into 
the proffered position is inadequate to establish that the proposed position qualifies as a specialty 
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. 
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Matter of J-, LLC 
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. There must be a close 
correlation between the required specialized studies and the position; thus, the mere requirement of a 
degree, without further specification, does not establish the position as a specialty occupation. Cf 
Matter of Aiichael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988) ("The mere requirement of 
a college degree for the sake of general education, or to obtain what an employer perceives to be a 
higher caliber employee, also does not establish eligibility."). Thus, while a general-purpose 
bachelor's degree 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. Royal Siam Corp., 484 F.3d at 147. 
The Petitioner asserts that its minimum requirement for the proffered position is only a bachelor's 
degree, without further requiring that that degree be in any specific specialty. Without more, the 
Petitioner's statement 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 note several factors that call into question the reliability of the Petitioner's job 
description. For example, the Petitioner stated that the Beneficiary would include guiding hunts of 
exotic animals and "to instruct and oversee all company guides" who guide such hunts. However, 
the Petitioner stated on the H-lB petition that it has one employee. The Petitioner did not further 
explain who these "guides" are. Further problematic is the Petitioner's wage-level designation on 
the labor condition application (LCA).Z While the Petitioner's assertions regarding the "extremely 
specialized and complex" nature of the proffered position and its constituent duties, as well as its 
implicit claims that the Beneficiary would work independently, are acknowledged, they are 
undermined by its submission of an LCA certified for a position in which (1) the Beneficiary will be 
expected to perform routine tasks that require limited, if any, exercise of judgment; (2) that he will 
be closely supervised and his work closely monitored and reviewed for accuracy; and (3) that he will 
receive specific instructions on required tasks and expected results. Further, if the Beneficiary is 
going to "oversee and i,nstruct" the Petitioner's only employee, it is unclear who would be closely 
supervising and monitoring the Beneficiary's work. Again, these factors undermine the reliability of 
the job description submitted by the Petitioner and raise questions as to what' the Beneficiary will 
actually be doing. 
That the Petitioner did not establish the substantive nature of the work to be performed by the. 
Beneficiary precludes a finding that the proffered position is a specialty occupation under any 
2 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). The 
"Prevailing Wage Determination Policy Guidance" issued by DOL provides a description of the wage levels. 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://flcdatacenter.com/download;NPWHC_Guidance_Revised_ll 2009.pd( 
A prevailing wage determination starts with an entry level wage and progresses to a higher' wage level after c~nsidering 
the experience, education, and skill requirements of the Petitioner's job opportunity. !d. 
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Matter of J-, LLC 
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 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 
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. Because the Petitioner has 
not satisfied one of the criteria at 8 C.F.R § 214.2(h)(4)(iii)(A), it has not demonstrated that the 
proffered position qualifies as a specialty occupation position.3 
IV. BENEFICIARY'S QUALIFICATIONS 
Because the Petitioner did not demonstrate that the proffered position is a specialty occupation 
position, we need not fully address other issues evident in the record. However, we note that a 
particular matter should be addressed in any future proceedings. 4 
The record does not demonstrate that the Beneficiary's combined education and work experience is 
equivalent to a U.S. bachelor's degree in a specific specialty. Although the record contains a claim 
of equivalency based on experience, the record does not establish that (1) the evaluator has authority 
to grant college-level credit for training or experience in the specialty at an accredited college .or 
university with ·a program for granting such credit, or (2) the Beneficiary's expertise in the specialty 
is recognized through progressively responsible positions directly related to the specialty. See 8 
C.F.R. §§ 214.2(h)(4)(iii)(C)(4) and (D)(l). Thus, even if the Petitioner had overcome the Director's 
ground for denial, which it has not, the petition still could not be approved. 
V. CONCLUSION 
The record does not establish that the proffered position is a specialty occupation and that the 
Beneficiary is qualified to perform the duties of a specialty occupation. 
3 On appeal, the Petitioner cites section IOI(a)(32) of the Act, 8 U.S.C. § IIOI(a)(32). However. that statute pertains to 
immigrant visa petitions and whether a beneficiary is a member of the "professions." The issue before us is whether the 
Petitioner's proffered position qualifies as a nonimmigrant H-1 B specialty occupation, not whether it is a "profession." 
The primary and fundamental difference between qualif)ring as a profession and qualifying as a specialty occupation is 
that specialty occupations require the U.S. bachelor's or higher degree to be in a specific specialty, or its equivalent 
Thus, although an occupation may be specifically identified as qualif)ring as a profession as that term is defined in 
section 10 I (a)(32) of the Act, that occupation would not necessarily qualify as a specialty occupation unless it met the 
definition of that term at section 214(i)(l) of the Act. 
4 
In reviewing a matter de novo, we may identif)r additional issues not addressed below in the Director's decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), affd, 345 F.3d 683 (9th Cir. 
2003) ("The AAO may deny an application or petition on a ground not identified by the Service Center."). 
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The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-, LLC, ID# 12652 (AAO Jan. 10, 2017)