remanded H-1B Case: Logistics

MATTER OF MTSL~---
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 26, 2019 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner , an ___________________ - seeks to temporarily employ 
the Beneficiary as an "import logistics analyst" 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 Petitioner did not 
establish that the proffered position qualifies as a specialty occupation . 
On appeal, the Petitioner asserts that the proffered position qualifies as a specialty occupation. 
Upon de nova review, we will withdraw the Director's decision. 
I. ANALYSIS 
As an initial matter, the Director should detennine whether the submitted labor condition application 
(LCA) corresponds with the petition. While the Department of Labor certifies the LCA, U.S. 
Citizenship and Immigration Services determines whether the LCA's content corresponds with the 
H-lB petition. See 20 C.F.R. § 655.705(b) ("DHS detennines whether the petition is supported by an 
LCA which corresponds with the petition , .... "). 
Here, the Petitioner used the standard occupation classification (SOC) code of 13-1081 for 
"Logisticians" with a corresponding Level II prevailing wage of $60,216 per year. According to the 
Occupational Information Network (O*NET) , logisticians "[a]nalyze and coordinate the logistical 
functions of a firm or organization" and are "[r]esponsible for the entire life cycle of a product, 
including acquisition, distribution, internal allocation, delivery, and final disposal of resources." 
O*NET Details Report for "Logisticians," https://www.onetonline.org /link/details /13-1081.00 (last 
visited Sep. 25, 2019). O*NET assigns this occupation to Job Zone 4, SVP Range of (7.0 to < 8.0). 
Matter of MTSL-c=J 
However, the Petitioner stated that 30% of the proffered job duties would include: ensuring 
compliance with customs laws and regulations; drafting, translating, and submitting all required 
business and legal documentation to U.S. Customs offices in conjunction with the Petitioner's 
shipment operations; preparing and submitting all proper new customer startup business and legal 
documentation to senior management and appropriate authorities. Another 20% of the proffered duties 
would include: determining the need for export licenses, letters of credit, and controlled substance 
certificates, and producing a complete set of export documents for each shipment, customizing them 
to meet customer and country requirements. It is not readily apparent how these duties are consistent 
with the typical duties of "Logisticians" as described in O*NET. 
Rather, these duties might better align with the typical duties of "Customs Brokers" corresponding to 
SOC code 13-1199.03, which O*NET assigns to Job Zone 3, SVP Range of (6.0 to < 7.0). For 
example, O*NET states that customs brokers typically "Prepare customs documentation and ensure 
that shipments meet all applicable laws to facilitate the import and export of goods." They perform 
duties such as "Prepare and process import and export documentation according to customs 
regulations, laws, or procedures" and "Advise customers on import and export restrictions, tariff 
systems, insurance requirements, quotas, or other customs-related matters." O*NET Details Report 
for "Customs Brokers," https://www.onetonline.org/link/details/13-l 199.03 (last visited Sep. 25, 
2019). We note that the Level II prevailing wage for "Customs Brokers" is $69,992 per year, which 
is higher than the Level II prevailing wage for "Logisticians." We farther note that the Beneficiary's 
rate of pay as listed on the LCA and the Form I-129, Petition for Nonimmigrant Worker, is $67,200 
per year, which is lower than the required prevailing wage for SOC code 13-1199.03. 1 These 
overlapping duties and wage disparities raise questions as to whether the LCA corresponds to the 
proffered position. 
In addition, the Petitioner's own job advertisement for the proffered position lists the following as a 
requirement: "MUST HA VE 2-5 years of import work experience with Freight Forwarder, NVOCC." 2 
The Petitioner's support letters do not mention any experience requirement for the proffered position. 
There is no explanation for this apparent discrepancy. The Petitioner must clearly identify the 
position's experience requirement and special skills requirement, if any. In general, an experience 
requirement of 2-5 years for a position with an SVP Range of (7.0 to< 8.0) would result in a one level 
increase in the wage, and for a position with an SVP Range of (6.0 to< 7.0) would result in two or 
three level increases in the wage. See generally U.S. Dep't of Labor, Emp't & Training Admin., 
Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009). 
The position's experience requirement and special skills requirement, if any, are directly relevant to 
the determination of whether the submitted labor condition application (LCA) corresponds with the 
petition. 
1 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." See Labor Condition Applications and Requirements for Employers 
Using Nonimmigrants on H-1 B 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). It also serves to protect H-1 B workers rrom wage abuses. A petitioner submits the 
LCA to 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). 
2 This job advertisement also lists "familiarity with the customs regulations" as another requirement. 
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Matter of MTSL-c=J 
II. CONCLUSION 
As the Petitioner was not previously accorded the opportunity to address the deficiencies in the record, 
we will remand the record for further review of these issues. The Director may request any additional 
evidence considered pertinent to the new determination. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
Cite as Matter ofMTSL □ ID# 04551838 (AAO Sept. 26, 2019) 
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