remanded H-1B Case: Business Intelligence

U.S. Citizenship 
and Immigration 
Services 
In Re: 8350698 
Appeal of Vermont Service Center Decision 
Form I-129, Petition for Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 20, 2020 
The Petitioner seeks to temporarily employ the Beneficiary as an "analyst 3, business intelligence" 
under the H-lB 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-lB 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both: (a) the theoretical and practical application of a body of highly specialized knowledge ; 
and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a 
minimum prerequisite for entry into the position . 
The Director of the Vermont Service Center denied the petition , concluding that the evidence of record 
does not establish that the proffered position qualifies as a specialty occupation . 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C . § 1361; Matter ofSkirball Cultural Ctr., 25 I&NDec . 799, 806 (AAO 
2012) . Upon de nova review, the decision of the Director is withdrawn. The matter is remanded for 
the entry of a new decision consistent with the foregoing analysis. 
I. SPECIAL TY OCCUPATION 
Based upon our review of the entire record of proceedings , we conclude that the Petitioner provided 
sufficient evidence to demonstrate that the proffered position is a specialty occupation . The totality 
of the record establishes , by a preponderance of the evidence , that the Petitioner 's particular position 
requires the theoretical and practical application of a body of highly specialized knowledge , and the 
attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum 
for entering into the occupation in the United States. The record establishes 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 bachelor's or higher degree in a specific specialty , or its equivalent , 
and therefore satisfies the criterion at 8 C.F.R . § 214.2(h)( 4)(iii)(A)( 4). As such, we hereby withdraw 
the Director's finding on the specialty-occupation issue. 
II. LABOR CONDITION APPLICATION 
However, the petition cannot be approved because as the record of proceedings is not currently 
sufficient to establish that the certified labor condition application (LCA) corresponds to and supports 
the H-lB petition. 
The purpose of the LCA wage requirement is "to protect U.S. workers' wages and eliminate any 
economic incentive or advantage in hiring temporary foreign workers." 1 It also serves to protect H-1 B 
workers from wage abuses. A petitioner submits the LCA to the Department of Labor (DOL) to 
demonstrate that it will pay an H-1 B worker the higher of either the prevailing wage for the 
occupational classification in the area of employment or the actual wage paid by the employer to other 
employees with similar duties, experience, and qualifications. Section 212(n)(l) of the Act; 20 C.F.R. 
§ 655.73l(a). While DOL certifies the LCA, U.S. Citizenship and Immigration Services (USCIS) 
determines whether the LCA's content corresponds with the H-lB petition. See 20 C.F.R. 
§ 655.705(b) ("DHS determines whether the petition is supported by an LCA which corresponds with 
the petition, .... "). 
On the LCA, the Petitioner designated the proffered position under the occupational category for 
"Management Analysts," corresponding to the Standard Occupational Classification (SOC) code 13-
1111. The Petitioner selected a Level I wage as consonant with the job requirements, necessary 
experience, education, special skills, and other requirements of the proffered position. 
When comparing the proposed duties of the proffered position to those provided in the Occupational 
Information Network (O*NET), it is not clear that the Petitioner selected the appropriate SOC code 
for the proffered position. The DOL's "Prevailing Wage Determination Policy Guidance" provides 
clear guidance for selecting the most relevant O*NET occupational code classification, as follows: 
In determining the nature of the job offer, the first order is to review the requirements 
of the employer's job offer and determine the appropriate occupational classification. 
The O*NET description that corresponds to the employer's job offer shall be used to 
identify the appropriate occupational classification . . . . If the employer's job 
opportunity has worker requirements described in a combination of O*NET 
occupations, the NPWHC should default directly to the relevant O*NET-SOC 
occupational code for the highest paying occupation. For example, if the employer's 
job offer is for an engineer-pilot, the NPWHC shall use the education, skill and 
experience levels for the higher paying occupation when making the wage level 
determination. 
According to O*NET, management analysts (SOC code 13-1111) generally: 
Conduct organizational studies and evaluations, design systems and procedures, 
conduct work simplification and measurement studies, and prepare operations and 
1 See Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-lB Visas in Specialty 
Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United 
States, 65 Fed. Reg. 80,110, 80,110-11 (proposed Dec. 20, 2000) (to be codified at 20 C.F.R. pts. 655-56). 
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procedures manuals to assist management in operating more efficiently and effectively. 
Includes program analysts and management consultants. 
O*NET also contains an entry for business intelligence analysts (SOC code 15-1199.08). 2 Business 
intelligence analysts generally: 
Produce financial and market intelligence by querying data repositories and generating 
periodic reports. Devise methods for identifying data patterns and trends in available 
information sources. 
We question whether the proffered position is actually one that is located within the "Business 
Intelligence Analysts" occupational category. 
The Director should therefore compare the job descriptions the Petitioner provided in its initial filing, 
in response to the request for evidence, and on appeal to the complete list of "tasks" provided for 1) 
management analysts, 2) business intelligence analysts, and 3) any other related occupations in 
O*NET to determine whether the Petitioner selected the most appropriate SOC code and wage level. 
If the Director determines that the submitted LCA was in fact certified under the appropriate 
occupational category and wage level, then the petition would appear to be approvable. 
Accordingly, the matter will be remanded to the Director to consider the LCA issue and enter a new 
decision. The Director may request any additional evidence considered pertinent to the new 
determination and any other issue, and we express no opinion regarding the ultimate resolution of this 
case on remand. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
2 See https://www.onetonline.org/link/summary/15-l l 99.08. 
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