sustained H-1B Case: Industrial Production Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-G-W-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 19, 2019 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a machine tool design and manufacturing business, seeks to temporarily employ the 
Beneficiary as a "general manager of [the Petitioner's] automation systems" 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 record did not 
establish that the proffered position qualifies as a specialty occupation. 
On appeal, the Petitioner contends that it has established the proffered position is a specialty 
occupation . 
Upon de nova review, we will sustain the appeal. 1 
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. 
1 We follow the preponderance of the evidence standard as specified in Matter of Chawathe, 25 I&N Dec. 369, 375-76 
(AAO 2010). 
Matter ofT-G-W-
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 following criteria to qualify as a specialty occupation: 
(]) 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). We construe the term "degree" 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. Chertojf, 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"). 
II. ANALYSIS 
On the labor condition application (LCA) 2 submitted in support of the H-1B petition, the Petitioner 
designated the proffered position under the occupational category "Industrial Production Managers" 
corresponding to the Standard Occupational Classification (SOC) code 11-3051. Upon our review of 
the duties of the proffered position, we agree that the majority of the duties fall within the parameters 
of this occupation. On appeal the Petitioner asserts that it has satisfied the regulatory criteria at 
8 C.F.R. § 214.2(h)(4)(iii)(A). 3 
The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), is satisfied if the Petitioner shows 
that its particular position is so complex or unique that it can be performed only by an individual with 
at least a bachelor's degree in a specific specialty, or its equivalent. The fourth criterion at 8 C.F.R. 
§ 2 l 4.2(h)( 4)(iii)(A) requires a petitioner to establish 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 baccalaureate or higher degree in a specific specialty, or its equivalent. 
2 The Petitioner is required to submit a certified LCA 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 who are performing the same services. See Section 
212(n)(l) ofthe Act; 20 C.F.R. § 655.73 l(a). 
3 We do not find sufficient probative evidence in the record to establish the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l), 
(3), or the first prong of (2). As will be discussed the Petitioner has established the second prong of the second criterion 
and the fourth criterion. 
2 
Matter ofT-G-W-
We have carefully reviewed the duties of the proposed position. The Petitioner initially provided a 
general description of the Beneficiary's proposed duties and later added explanations of the duties as 
the Beneficiary would be required to carry them out. The elaboration of duties when reviewed within 
the context of the Petitioner's overall business operations describes a position that includes duties that 
are unique to the Petitioner's business such that the position requires bachelor degrees, or higher, in 
specific specialties that relate directly to the duties of the position. The Petitioner has communicated 
the actual work that the Beneficiary will perform; (2) the complexity, uniqueness, or specialization of 
the tasks; and (3) the correlation between that work and a need for a particular level of education and 
knowledge. Specifically, the Petitioner's description of duties and explanations of those duties within 
the context of its business operation demonstrate that the duties are so unique and complex that they 
require a higher level of understanding and expertise than a general bachelor's degree. In addition, 
the record includes examples of work product which show the complexity and specialization of the 
position such that a bachelor's degree in a specific specialty is required. Further, the record includes 
evidence of the Beneficiary's level of responsibility within the organization and the Petitioner has 
appropriately accounted for the level ofresponsibility, uniqueness, and complexity of the position with 
the certification of the Beneficiary's wage level. 
When considering all these factors, the Petitioner sufficiently distinguishes the proffered position from 
the industry production manager occupation that does not require at least a baccalaureate degree in a 
specific specialty, or its equivalent, for entry into the occupation. And when viewed in its totality, the 
record establishes, that more that more likely than not, the nature of the specific duties is so unique, 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. Finally, the 
record establishes that the position proffered here actually requires the theoretical and practical 
application of a body of highly specialized knowledge and the attainment of a baccalaureate or higher 
degree in a specific specialty as the minimum for entry into the occupation as required by the Act. 
III. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has sustained that burden. 
ORDER: The appeal is sustained. 
Cite as Matter ofT-G-W-, ID# 4551601 (AAO Sept. 19, 2019) 
3