remanded H-1B Case: Online Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 11794679 
Appeal of Vermont Service Center Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 16, 2020 
The Petitioner, an online bookmarking company, seeks to temporarily employ the Beneficiary as an 
"account manager, online" under the H-lB nonimmigrant classification for specialty occupations. 
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 the Director erred and submits additional evidence. The Petitioner bears the burden of proof 
to demonstrate eligibility by a preponderance of the evidence. 1 We review the questions in this matter 
de novo. 2 Upon de novo review, we will remand the petition. 
As presently constituted, the record does not establish that the labor condition application (LCA) 
corresponds with and supports the petition. 3 It is unclear from the record whether "Market Research 
Analysts and Marketing Specialists" SOC code 13-1161, designated on the LCA is the most relevant 
occupational classification for the proffered position . 4 Without additional information, we are unable 
to evaluate whether the proffered position qualifies as a specialty occupation. 
1 Section 291 of the Act; Matter ofChawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
2 See Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 
3 While the Department of Labor (DOL) certifies the LCA, U.S. Citizenship and Immigration Services (USCIS) determines 
whether the LCA's attestations and content corresponds with and supports 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 . . .. "). See also 
Matter of Simeio Solutions , 26 I&N Dec. 542, 546 n.6 (AAO 2015). When comparing the standard occupation 
classification (SOC) code or the wage level indicated on the LCA to the claims associated with the petition, USCIS does 
not purport to supplant DOL 's responsibility with respect to wage determinations. There may be some overlap in 
considerations , but USCIS' responsibility at its stage of adjudication is to ensure that the content of the DOL-certified 
LCA "corresponds with" the content of the H-lB petition. 
4 See Emp' t & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. 
Nov. 2009) (DOL guidance), available at http://flcdatacenter.com/download /NPWHC _Guidance_ Revised_ 11 _ 2009 .pd£ 
(providing guidance for selecting the correct SOC code and prevailing wage). 
The Occupational Information Network (O*NET) provided the following description, at the time of 
filing, for "Market Research Analysts and Marketing Specialists": "Research market conditions in 
local, regional, or national areas, or gather information to determine potential sales of a product or 
service, or create a marketing campaign. May gather information on competitors, prices, sales, and 
methods of marketing and distribution." 5 
While the proffered position's duties incorporate functions associated with the "Market Research 
Analysts and Marketing Specialists" occupational category, the Beneficiary's duties include customer 
and advertising-campaign management responsibilities which appear closely related to "Marketing 
Managers" SOC code 11-2021, 6 "Search Marketing Strategists" SOC code 15-1199.10, 7 and 
"Business Intelligence Analysts" SOC code 15-1199.08. 8 For example, the Beneficiary's duties 
include: "Track, analyze, and communicate key quantitative metrics and business trends internally and 
to partners ... [including relating to] the performance of [Petitioner's] clients' advertisements" to help 
clients "with their media strategy and plans," to "launch advertising campaigns," and to instruct "them 
on how to measure and analyze the results of those campaigns"; "Manage [ client advertising] 
campaign structure and strategy and execute the strategy under supervision [ of Petitioner's Sales 
Manager]"; "[Manage] ongoing client relationships to translate marketing objectives into tangible 
digital results"; "Create Media Plans: develop a coordinated plan for a particular client's advertising 
budget [ and a ]dvise the client on where, when, and how often to feature a specific ad"; 
"[I]ndependently execute new, creative solutions against an overall plan within a client account"; 
"[Serve as] each partner's main point of contact for the campaign and [be] responsible for providing 
communication within 24 hours of receiving a request ... [including] not only the end client, but also 
their agency partner [clients] or API Partners"; and "In addition to managing the day to day contact 
with the various clients ... work to setup larger [Petitioner-related] educational sessions and creative 
sessions to build relationships with client executives and operational teams as well as agencies (media 
and creative)." 
5 Summary Report for: 13-1161.00 - Market Research Analysts and Marketing Specialists, O*NET OnLine Archives. 
https://www.onetonline.org/ Archive_ ONET-SOC _ 2010 _Taxonomy_ 09 _ 2020/link/summary/13-1161.00 (last visited 
Dec. 15, 2020). 
6 The O*NET provided the following description, at the time of filing, for Marketing Managers: "Plan, direct, or coordinate 
marketing policies and programs, such as determining the demand for products and services offered by a firm ... and 
identify potential customers. Develop pricing strategies ... while ensuring the firm's customers are satisfied. Oversee 
product development or monitor trends that indicate the need for new products and services." Summary Rep011 for: 11-
2021.00 - Marketing Managers, O*NET OnLine Archives, https://www.onetonline.org/Archive_ONET­
SOC_2010_Taxonomy_09 _2020/link/summary/11-2021.00 (last visited Dec. 15, 2020). 
7 The O*NET provided the following description, at the time of filing, for Search Marketing Strategists: "Employ search 
marketing tactics to increase visibility and engagement with content, products, or services in Internet-enabled devices or 
interfaces. Examine search query behaviors on general or specialty search engines or other Internet-based content. Analyze 
research, data, or technology to understand user intent and measure outcomes for ongoing optimization." Summary Report 
for: 15-1199.10 - Search Marketing Strategists, O*NET OnLine Archives, https://www.onetonline.org/Archive_ONET­
SOC_2010_Taxonomy_09_2020/link/summary/15-l l99.l0 (last visited Dec. 15, 2020). 
8 The O*NET provided the following description, at the time of filing, for Business Intelligence Analysts: "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." Summary Report for: 15-1199.08 - Business 
Intelligence Analysts, O*NET OnLine Archives, https://www.onetonline.org/ Archive_ ONET­
SOC _ 2010 _Taxonomy_ 09 _2020/link/summary/15-1199.08 (last visited Dec. 15, 2020). 
2 
Similarly, the proffered position's duties also include additional financial and business analysis 
functions that appear closely aligned with these other SOC codes, such as: "Identify the clients' 
objectives, goals, and key performance indicators to track progress and make sure they have what they 
need to meet their goals ... using internal tools / data to determine opportunity size/SOY, flighting, 
targeting, budget allocation, etc."; "[E]nsure all the partners [including client executive, operational 
and agency teams] working on [Petitioner's] campaigns are up to speed on platform updates and new 
product launches ... [i]n communicating these changes or new updates ... tailor the messaging to 
how each update would be beneficial to specific partners"; "have a clear understanding of all revenue 
for the quarter and ... solve new/atypical problems independently"; and "process raw consumer 
information and data and translate it into actionable insights such as new sales opportunities and 
strategies ... [having and using] proficiency level in financial analysis." 
As exemplified by the above duties, the Petitioner indicates the Beneficiary will be managing client 
advertising accounts and is the primary point of contact with many of the Petitioner's partners and 
clients. The duties as described appear to closely align with the O*NET "Marketing Managers" tasks: 
"Identify, develop, or evaluate marketing strategy, based on knowledge of establishment objectives, 
market characteristics, and cost and markup factors"; "Formulate, direct, or coordinate marketing 
activities or policies to promote products or services, working with advertising or promotion 
managers"; "Use sales forecasting or strategic planning to ensure the sale and profitability of products, 
lines, or services, analyzing business developments and monitoring market trends"; "Negotiate 
contracts with vendors or distributors to manage product distribution, establishing distribution 
networks or developing distribution strategies"; "Coordinate or participate in promotional activities . 
. . working with developers, advertisers, or production managers, to market products or service;" 
"Initiate market research studies, or analyze their findings"; and "Advise business or other groups on 
local, national, or international factors affecting the buying or selling of products or services." 9 
The proffered position's duties, such as those above, also align with "Search Marketing Strategists" 
tasks such as: "Collect and analyze Web metrics, such as visits, time on site, page views per visit, 
transaction volume and revenue, traffic mix, click-through rates, conversion rates, cost per acquisition, 
or cost per click"; "Conduct online marketing initiatives, such as paid ad placement, affiliate programs, 
sponsorship programs, email promotions, or viral marketing campaigns on social media Web sites"; 
and "Participate in the development or implementation of online marketing strategy." 10 
And, similarly, the duties also appear related to "Business Intelligence Analysts" tasks, including: 
"Generate standard or custom reports summarizing business, financial, or economic data for review 
by executives, managers, clients, and other stakeholders"; "Manage timely flow of business 
intelligence information to users"; "Identify or monitor current and potential customers, using business 
9 Summary Report for: 11-2021.00 Marketing Managers, O*NET OnLine Archives, 
https://www.onetonline.org/ Archive_ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2020/link/summary/11-2021.00 (last visited 
Dec. 15, 2020). 
10 Summary Report for: 15-1199.10 - Search Marketing Strategists, O*NET OnLine Archives, 
https://www.onetonline.org/ Archive_ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2020/link/summary/15-1199 .10 (last visited 
Dec. 15, 2020). 
3 
intelligence tools"; and, "Disseminate information regarding tools, reports, or metadata 
enhancements." 11 
If the Petitioner selected the incorrect SOC code on the LCA, we cannot provide a relevant analysis 
of a position as a specialty occupation. The initial issue concerns the statutory and regulatory 
definitions of a specialty occupation and the use of an incorrect occupational code may not properly 
assess the nature of the occupation in which the Beneficiary would engage. 
A related concern is how the educational requirements we consider may differ markedly from one 
occupational classification to the next. For example, under the first criterion at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(l), degree requirements to enter an occupation are not the same for all positions 
in a particular field of endeavor. Likewise, when considering 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), the 
degree requirement that is considered common to the industry in parallel positions may also differ. 
Additionally, the "Marketing Managers," "Search Marketing Strategists," and "Business Intelligence 
Analysts" occupational classifications all demand higher prevailing wages than the SOC code 
designated on the LCA. 12 If the Petitioner did not select the occupational classification associated 
with the higher wage, then it did not follow the DOL guidance. 13 
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, including consideration of other possibly relevant SOC codes. As 
such, 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. 
11 The O*NET provided the following description, at the time of filing, for Business Intelligence Analysts: "Produce 
financial and market intelligence by querying data repositories and generating periodic reports. Devise methods for 
identitying data patterns and trends in available infonnation sources." Summary Report for: 15-1199.08 - Business 
Intelligence Analysts, O*NET On Line Archives, https://www.onetonline.org/ Archive_ ONET­
SOC_2010 _Taxonomy_ 09 _ 2020/link/summary/15-1199 .08 (last visited Dec. 15, 2020). 
12 Here, the Level I prevailing wage for "Market Research Analysts and Marketing Specialists," which was indicated on 
the certified LCA submitted by the Petitioner, is $57,158 per year. For the same timeframe and location, the prevailing 
wage for either a Level I "Search Marketing Strategists" or "Business Intelligence Analysts" position is $70,158 per year, 
while for a "Marketing Managers" position it is $112,278 per year, which is nearly double the prevailing wage of the SOC 
code on the LCA. To determine the appropriate prevailing wage, see the appropriate location and timeframe on the Online 
Wage Library FLC Wage Search Wizard, Foreign Labor Certification Data Center 
https://flcdatacenter.com/OESWizardStart.aspx. (last visited Dec. 15, 2020). 
While DOL certifies the LCA,USCIS determines whether the LCA actually conesponds to and supports the H-1 B petition. 
20 C.F.R. § 655.705(b). Absent a petitioner's request for a prevailing wage detennination under 20 C.F.R. 
§ 655.731 (a)(2)(ii)(A), DOL does not have the benefit ofreviewing the position requirements under which it could identity 
the most appropriate occupational classification, and determine the prevailing wage for the position. 
13 DOL, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs 
(rev. Nov. 2009) (DOL guidance), available at http://flcdatacenter.com/download/NPWHC_Guidance_ 
Revised_ 11 _ 2009 .pdf. 
4