remanded H-1B Case: Supply Chain Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 12617949 
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 : JAN. 14, 2021 
The Petitioner, an online food distributor, seeks to temporarily employ the Beneficiary as a "demand 
planning analyst" 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 record did not 
establish that the proffered position qualifies as a specialty occupation. The matter is now before us 
on appeal. 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 nova. 2 
Upon de nova review, we conclude that as presently constituted, the record does not sufficiently 
establish that the labor condition application (LCA) corresponds with and supports the petition. 3 It is 
unclear from the record whether "Operations Research Analysts" SOC 15-2031, designated on the 
LCA, is the most relevant occupational classification for the proffered position and whether the wage 
level designated corresponds with and supports the petition. 4 Without additional information, we are 
unable to evaluate whether the proffered position qualifies as a specialty occupation. We therefore 
are withdrawing the Director's decision and remanding the matter for further review of the record . 
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 "Operations Research Analysts": 
Formulate and apply mathematical modeling and other optimizing methods to develop 
and interpret information that assists management with decision making, policy 
formulation, or other managerial functions. May collect and analyze data and develop 
decision support software, service, or products. May develop and supply optimal time, 
cost, or logistics networks for program evaluation, review, or implementation. 5 
While the proffered position's duties include the research, analysis, and management support functions 
associated with the "Operations Research Analysts" occupational category, the Beneficiary's duties 
also appear to include responsibilities that appear akin to those of "Supply Chain Managers" SOC 
code 11-9199.04 and "Logistics Analysts" SOC code 15-1199.08. 6 For example, the Beneficiary's 
duties include: "Oversee weekly forecasting process and take leadership to continually improve the 
forecasting process"; "Create Key Performance Indicators as goals for success and track trends to 
communicate with multiple organizational levels on best practices"; "Use statistical software ... to 
evaluate impact of Sales and Operations possibilities and determine best course of forward action"; 
"Analyze forecast error, service levels and scrap to improve service and reduce scrap"; "Partner with 
merchandising to forecast promotional impacts"; and, "Develop, launch & lead Sales & Operations 
planning process at multiple levels in the organization." 
These operations leadership, direction, and planning duties appear to align with the O*NET "Supply 
Chain Managers" tasks: "Manage activities related to strategic ... purchasing, material requirements 
planning, controlling inventory, warehousing, or receiving"; "Define performance metrics for 
measurement, comparison, or evaluation of supply chain factors, such as product cost or quality"; 
"Implement new or improved supply chain processes to improve efficiency or performance"; 
"Analyze inventories to determine how to increase inventory turns, reduce waste, or optimize customer 
service"; and, "Participate in the coordination of ... new product launches to ensure orderly and timely 
transitions in material or production flow." We also note their similarity to the "Logistics Analysts" 
tasks: "Manage systems to ensure that pricing structures adequately reflect logistics costing"; 
"Recommend improvements to existing or planned logistics processes"; "Review procedures, such as 
distribution or inventory management, to ensure maximum efficiency or minimum cost"; and, "Write 
or revise standard operating procedures for logistics processes." 
Summary Report for: 15-2031 Operations Research Analysts, O*NET OnLine Archives, 
https://www.onetonline.org/ Archive_ ONET-SOC _ 201 O _Taxonomy_ 09 _ 2020/link/summary/15-2031.00 (last visited Jan. 
13, 2020). 
6 The O*NET provided the following description, at the time of filing, for Supply Chain Managers: "Direct or coordinate 
production, purchasing, warehousing, distribution, or financial forecasting services or activities to limit costs and improve 
accuracy, customer service, or safety. Examine existing procedures or opportunities for streamlining activities to meet 
product distribution needs. Direct the movement, storage, or processing of inventory." Summary Repmt for: 11-9199.04 
Supply Chain Managers, O*NET OnLine Archives, https://www.onetonline.org/Archive_ONET-
SOC_2010_Taxonomy_09_2020/link/summary/l l-9199.04 (last visited Jan. 13, 2020). The O*NET provided the 
following description, at the time of filing, for Logistics Analysts: "Analyze product delivery or supply chain processes to 
identify or recommend changes. May manage route activity including invoicing, electronic bills, and shipment tracing." 
Summary Report for: 13-1081.02 Logistics Analysts, O*NET OnLine Archives, 
https://www.onetonline.org/ Archive_ ONET-SOC_ 201 O _Taxonomy_ 09 _ 2020/link/summary/13-l 081.02 (last visited 
Jan. 13, 2020). 
2 
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. 
Moreover, even if it is determined that the SOC code chosen was correct, the record still does not 
sufficiently establish that the wage level designated on the LCA was correct based on the Petitioner's 
requirements for the proffered position. 7 Without knowing whether the wage level was correct, we 
cannot determine if the Petitioner complied with requirements under section 212(n)(l) of the Act. 
Here, the Petitioner obtained an LCA certified under SOC code 15-2031, relating to "Operations 
Research Analysts" at a Level I prevailing wage rate. Assuming, for the sake of argument, that the 
SOC code is correct, it is unclear from the present record whether the Petitioner properly designated 
the prevailing wage at a Level I wage rate. Specifically, we question whether the specific skills 
required for the job and level of experience are generally encompassed by the O*NET description for 
"Operations Research Analysts." 
As discussed, the Petitioner indicated the Beneficiary would perform several leadership duties that do 
not appear to be typical of the research, analysis, and data presentation oriented duties of the 
"Operations Research Analysts" occupational category. Likewise, the following requirements, as 
described by the Petitioner, also appear to constitute special skills and knowledge not typically 
required under the occupational category identified: "provide safety systems expertise and industrial 
management support in order to ensure safety and quality of the [Petitioner's] food products and 
grocery services to its wide range of customers" and "position also requires an understanding of 
transportation operations." Nevertheless, because the level and nature of the required leadership, 
safety systems expertise, industrial management knowledge, and understanding of transportation 
operations is unclear, additional information and clarification is needed to determine if wage level 
increases would be necessary. 8 
Next, considering the totality of the evidence, including the size and position of the Petitioner's 
organization within its industry,9 the record appears to contradict the Petitioner's claims concerning 
its minimum requirements. The Petitioner states only that it requires prospective candidates for the 
7 See 20 C.F.R. § 655.705(6) ("OHS detennines whether the petition is supported by an LCA which corresponds with the 
petition, .... "). See also Matter of Simeio Solutions, LLC, 26 T&N Dec. 542, 545-546 (AAO 2015). 
8 See step 4 and 5 of DOL guidance, relating to wage level increases for special skills and other requirements and 
supervisory duties. 
9 The Petitioner indicates it has over 3,300 employees, $400 million in gross income, and is "the I !United States' 
leading online grocer, making forecasting of customer demands and brand availability relative to pricing a highly 
data-driven analysis with significant business analysis needs." 
3 
proffered position to possess a bachelor's degree in "Supply Chain Management, Data Analytics, 
Business Analytics or a related field." However, evidence submitted appears to suggest that a 
combination of education and experience would most likely be required, which in tum would 
necessitate a wage level increase. 10 
For example, job advertisements submitted by the Petitioner appear relevant to this question as they 
are for organizations and positions which the Petitioner claims are similar to it and the proffered 
position. According to the advertisements, a "Demand Planning Manager" with Vital Proteins 
requires 8 years of statistical forecasting and demand planning experience, a "Supply Chain 
Specialist - Logistics / Fulfillment Management" with Hungryroot requires 2-4 years of operations 
experience, and a "Logistics Warehouse Procurement Analyst" with Kraft Foods requires 3-5 years of 
experience in direct procurement and/or operations. The experience these positions require suggests 
the proffered position may also demand similar experience. If the advertised positions are indeed 
parallel to the proffered position, in similar organizations within the same industry, and share a 
common degree requirement, then the Petitioner should explain why their experience requirements 
should not be also taken into account when determining whether the LCA corresponds to and supports 
the H-lB petition. 
Such an experience requirement also appears to be reflected in the Petitioner's discussion of the 
Beneficiary's qualifications. For example, the Petitioner states the "[Beneficiary's] experience from 
his previous work in client strategy and operations enabled him to work seamlessly with other 
departments to align on cross-functional goals which set a layout for him to work with the Merchants, 
Vendor Managers and the financial team ... to analyze and extract the data through the demand plan 
for inbound receiving and inventory purpose"; the "[Beneficiary's] experience from his previous work 
... set a solid base for him to implement process change [ for the Petitioner] ... consider all the direct 
and indirect variables and conduct validation for the new model based on the data derived to guarantee 
the competency of the model and formulate the model as necessary"; and, the "[Beneficiary's] 
previous experience & knowledge using Business Intelligence platform SAP, Business Objects, MS 
Excel [in conjunction with knowledge gained through academic courses] ... allowed him to become 
an expert in [Petitioner's] operating and business platforms ... to analyze production, capacity, 
binning, and financial data." The fact that the Petitioner does not limit its discussion of the 
Beneficiary's qualifications to the knowledge he gained through academic courses, but also discusses 
his prior work experience, raises questions as to whether the required knowledge and skills could be 
gained academically or if prior on-the-job experience is actually required. 
The Director should take the necessary steps to determine whether the functions and experience 
described are atypical of "Operations Research Analysts" and if they may relate to another SOC code 
(e.g., "Supply Chain Managers," "Logistics Analysts," etc.) or, alternatively, if they represent special 
skills and experience which would require a higher wage level for the SOC code designated. 
As the Petitioner was not previously accorded the opportunity to address the above, we will remand 
the record for farther review of these issues. The Director may request any additional evidence 
considered pertinent to the new determination. As such, we express no opinion regarding the ultimate 
resolution of this case on remand. 
10 See step 2 ofDOL guidance. 
4 
ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a 
new decision consistent with the foregoing analysis. 
5