sustained H-1B Case: Market Research

identifying data deleted to 
prevent clearly unwarranted 
invasion of pemnat privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 091 50568 Office: CALIFORNIA SERVICE CENTER Date: lMI(AR 2 g 2006 
PETITION: 
 Petition for a Nonirnrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative AppeaIs Office 
WAC 04 09 1 50568 
Page 2 
DISCUSSION: The director of the service center denied the nonirnmigrant visa petition and the matter is now 
before the Administrative Appeals Ofice (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner is an importer and wholesaler of fashion jewelry, gifts, and general merchandise. It seeks to 
employ the beneficiary as a market research analyst. The petitioner, therefore, endeavors to classify the 
beneficiary as a nonirnmigrant worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the ground that the proffered position is not a specialty occupation. On 
appeal, counsel submits additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 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. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(1) 
 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. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
5 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
WAC 04 091 50568 
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director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a market research analyst. 
 Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary would perform duties that entail: researching target markets and market conditions in local, 
regional, or national areas to determine potential sales of a product or service; gathering information on 
competitors, prices, sales, and marketing and distribution methods; using survey results to create a marketing 
campaign based on regional preferences and buying habits; developing customer segmentation profiles, sales 
forecasting models, reports, and presentations for corporate clients; developing and implementing marketing 
plans and programs for products offered by outside clients or in-house requirements; facilitating 
communication and collaboration to create more productive and efficient catalog mailings to help clients meet 
their production and distribution goals; forecasting and analyzing circulation, response, demand, and profits 
across multiple channels for multiple segments of customers; providing clear, concise market reports and 
feasibility studies for the customer acquisition team and ensuring proper execution of mailing events and be 
able to relate the impact of costs on marketing initiatives; designing ways to improve customer response, 
demand, and profits across existing and new channels due to the client's requirements; and performing 
industry and market research. For the proposed position the petitioner requires a bachelor's degree in 
business administration, international business, or marketing. 
In the denial letter, the director stated that many of the proposed duties reflect those of a market research 
analyst as that occupation is described in the Department of Labor's Occupational Outlook Handbook (the 
Handbook); but that sole reliance on duties resembling those of a market research analyst as that occupation is 
described in the Handbook and the Dictionary of Occupational Titles (DOT) is misplaced. When determining 
whether a position qualifies as a specialty occupation, the director stated that the specific duties combined 
with the nature of the petitioning entity are factors that CIS considers, and that each position must be 
evaluated based on the nature and complexity of the actual job duties. The director stated that the 
beneficiary's obtaining a degree in a related area does not guarantee the position is a specialty occupation, and 
that incidental specialty occupation duties do not qualify a position as a specialty occupation. The director 
found that the petitioner does not engage in the kind of business that the Handbook describes as employing a 
market research analyst on a regular full time basis for any significant period of time, and does not have the 
organizational complexity to validate a position for a market research analyst. According to the director, the 
proposed duties are more similar to those of a marketing manager, which the Handbook reveals is an 
occupation that does not require a bachelor's degree in a specific specialty. The director concluded that the 
established none of the criteria under 8 C.F.R. 9 214.2(h)(4)(iii)(A). 
On appeal, the petitioner states that its industry is competitive and requires a market research analyst, who has 
at least a bachelor's degree, and that understands the requirements of large companies. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 8 C.F.R. 
5 214.2(h)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
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To establish the fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4) the petitioner must show that the nature of 
the specific duties is so specialized and complex that knowledge required to perform them is usually associated 
with the attainment of a baccalaureate or higher degree in a specific specialty. In the letter accompanying the 
H-1B petition, the petitioner stated that it has over 200 small and mid-size customers in industries such as gift 
shops, chain stores, and fashion design companies, and that it recently established a website. The petitioner 
discussed seven potential clients. According to the petitioner, corporate clients need detailed marketing 
research and market analysis. The petitioner's website displays the jewelry items that it sells. Based on the 
evidence in the record, the proposed position would require theoretical and practical application of a body of 
highly specialized knowledge and a bachelor's degree in a relevant field such as marketing; or an advanced 
degree in business administration, marketing, statistics, communications, or a closely related discipline. 
The record reflects that the beneficiary is qualified for the proposed position as she holds a bachelor's degree 
in business administration-international business from California State Polytechnic University Pomona in 
California. Thus, the beneficiary qualifies for the proposed position. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has sustained that burden. 
ORDER: 
 The appeal is sustained. The petition is approved.