MATTER OF C-H-T- LLC

APPEAL OF VERMONT SERVICE CENTER DECISION

Non-Precedent Decision of the Administrative Appeals Office

DATE: APR. 6, 2017

PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER

The Petitioner, a wholesale textiles business, seeks to temporarily employ the Beneficiary on a part-time basis as a "market research analyst" under the H-1 B nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section IOI(a)(15)(H)(i)(b), 8 U.S.C. § 110l(a)(15)(H)(i)(b). The H-18 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 had not established the proffered position is a specialty occupation.

On appeal, the Petitioner submits additional evidence and asserts that the Director erred in her findings.

Upon de novo review, we will dismiss the appeal.

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.

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:

(I) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

Matter ofC-H-T- LLC

(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 have consistently interpreted 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. Cherto(f; 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"); Defensor v. Meissner, 201 F.3d 384, 387-88 (5th Cir. 2000).

II. PROFFERED POSITION

In response to the Director's request for evidence (RFE), the Petitioner described the duties of the proffered position and allocated the Beneficiary's time to those duties as follows:

• Prepare forecasting reports of findings and data collected on consumer's trends and styles in home textiles, making illustrations, graphs and translating complex market findings into written reports for management; ( 1 0%)

• Research pricing and costing for the preparation of refined business and brand strategies; engage in strategic market research and planning, including logistics studies to improve efficiencies[;] ( 10%)

• Review of current business operations and market strategies to analyze business operations for our company in order to formulate the best plans to grow in the beddings, curtains, decor, draperies & linens etc., by identifying elite and high-class fabrics/textile materials, personnel, management and budgetary needs and requirements in order to support the desired growth of our company; ( 1 0%)

• Collect and analyze data on customer demographics, preferences, needs, buying and spending habits to identify potential markets and factors affecting product and services demands of [the Petitioner]; (5%)

• Develop plans to identifY and evaluate new clients and strategic patiners to work with for improved market share in the product-lines that the company expands into, including preparation of presentations, creation of unique and consistent marketing in the tristate area textile market; ( 10%)

• Conduct feasibility studies for the implementation of [the Petitioner's] market expansion of product and services offering coupled with the enhanced market

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exposure plans. Conduct research, develop and create ideas, marketing plan and represent the organization directly or indirectly before the general public; ( 1 0%)

• Analyze the current system in place tor market data collection and processing of information to assist in determin~tiQn of which marketing and business methods to utilize for more efficient and profitable growth, including recommending and reviewing financing options. Utilize her education background to prepare effective data collection reports in marketing v. sales ratios to utilize in authorizing expansion of our textile business in beddings, linens and window treatments[;] ( 10%)

• Plan and conduct programs to create and maintain a favorable image of our wholesale textile business as well as prepare and disseminate information to the public with respect to the accomplishments and future expansion plans[;] ( 10%)

• Initiate development of business monitoring, complex financial modeling and recording databases for future quarter indicators so that immediate comparisons of business objectives over a given time period can be easily obtained; (1 0%)

• Identify and implement profit enhancement opportunities by working with the sales team and other professionals by weighing operating expenditures against potential business profits and reporting this information to the executives fm~ implementation and make recommendations regarding marketing and public relations etiorts to be undertaken by the company and provide the requisite training to staff to enhance their performance[;] ( 10%)

• Study work problems and inefficiencies such as organizational change, communications, information flow, inventory control, employee control and cost analysis and report the findings in business reports and financial models[.] ( 5%)

The Petitioner stated that the "above job duties require a specialized study in the field of marketing, management, business administration or a directly related field."

III. ANALYSIS

For the reasons set out below, we determine that the Petitioner has not demonstrated that the proffered position qualities as a specialty occupation. Specifically, the record does not establish that the job duties require an educational background, or its equivalent, commensurate with a specialty

. I occupatiOn.

On the labor condition application (LCA) submitted in suppmi of the H-1 B petition, the Petitioner designated the proffered position under the occupational category "Market Research Analysts and Marketing Specialists" corresponding to the Standard Occupational Classification code 13-1161.2

1 The Petitioner submitted documentation in support of the H-1 B petition, including evidence regarding the proffered position and its business operations. While we may not discuss every document submitted, we have reviewed and considered each one. 2 The Petitioner classified the proffered position at a Level I wage (the lowest of four assignable wage levels). We will

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As a preliminary matter, the Petitioner's acknowledgment that a bachelor's degree in business administration is sufficient to perform the duties of the proffered position is tantamount to an admission that the position is not a specialty occupation. A petitioner must demonstrate that the proffered position requires a precise and specific course of study that relates directly and closely to the position in question. Since there must be a close correlation between the required specialized studies and the position the requirement of a degree, with a generalized title, such as business administration, without further specification, does not establish the position as a specialty occupation. C.f Matter o,{Michael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm 'r 1988). In addition to demonstrating that a job requires the theoretical and practical application of a body of highly specialized knowledge as required by section 214(i)( 1) of the Act, a petitioner must establish that the position requires the attainment of a bachelor's or higher degree in a specialized field of study or its equivalent. Although a general-purpose bachelor's degree, such as a degree in business administration, may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will not justify a finding that a particular position qualifies for classification as a specialty occupation.3 Royal Siam. 484 F.3d at 147.

The Petitioner's requirement of only a general-purpose bachelor's degree, i.e., a bachelor's degree in business administration, without more, indicates that the proffered position is not in fact a specialty occupation. The Director's decision must be affirmed and the appeal dismissed on this basis alone.

Moreover, it also cannot be found that the proffered position is a specialty occupation because the Petitioner has not satisfied any of the supplemental, additional criteria at 8 C.F.R. § 214.2(h)( 4)(iii)(A). We now will perform a complete specialty occupation analysis of the occupation of market research analysts, the occupation certified on the LCA.

consider this selection in our analysis of the position. The ''Prevailing Wage Determination Policy Guidance'' issued by the Department of Labor (DOL) provides a description of the wage levels. A Level I wage rate is generally appropriate for positions for which the Petitioner expects the Beneficiary to have a basic understanding of the occupation. This wage rate indicates: (I) that the Beneficiary will be expected to perform routine tasks that require limited, if any, exercise of judgment; (2) that she will be closely supervised and her work closely monitored and reviewed for accuracy; and (3) that she will receive specific instructions on required tasks and expected results. U.S. Dep't of Labor, Emp't & Training Admin., Prevailing Wage Determination Policy Guidance, Nonagric. Immigration Programs (rev. Nov. 2009), available at http://flcdatacenter.com/download/NPWHC _Guidance_ Revised _I I_ 2009.pdf A prevailing wage determination starts with an entry level wage and progresses to a higher wage level after considering the experience, education, and skill requirements of the Petitioner's job opportunity. /d. 3 A general degree requirement does not necessarily preclude a protfered position fi·om qualifying as a specialty occupation. For example, an entry requirement of a bachelor's or higher degree in business administration with a concentration in a specific field, or a bachelor's or higher degree in business administration combined with relevant education, training, and/or experience may, in certain instances, qualify the proffered position as a specialty occupation. In either case, it must be demonstrated that the entry requirement is equivalent to a bachelor's or higher degree in a specific specialty that is directly related to the proffered position. See Royal Siam, 484 F.3d at 147. Here, the Petitioner did not claim and did not demonstrate that the position protfered here requires more than a general business administration degree.

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A. First Criterion

We turn first to the criterion at 8 C.F.R. §214.2(h)(4)(iii)(A)(l), which requires that a baccalaureate or higher degree in a specitic specialty, or its equivalent, is normally the minimum requirement for entry into the particular position. To inform this inquiry, we recognize the DOL's Occupational Outlook Handbook (Handbook) as an authoritative source on the duties and educational requirements of the wide variety of occupations that it addresses.4

The subchapter of the Handbook entitled "How to Become a Market Research Analyst" states, in relevant part, the following:

Most market research analysts need at least a bachelor's degree. Top research positions may require a master's degree. Strong math. and analytical skills are essential.

Education Market research analysts typically need a bachelor's degree in market research or a related field. Many have degrees in fields such as statistics, math, and computer science. Others have backgrounds in business administration, the social sciences, or communications.

Courses in statistics, research methods, and marketing are essential for these workers. Courses in communications and social sciences, such as economics or consumer behavior, are also important.

Some market research analyst jobs require a master's degree. Several schools otTer graduate programs in marketing research, but many analysts complete degrees in other fields, such as statistics and marketing, and/or earn a master's degree in business administration (MBA). A master's degree is often required tor leadership positions or positions that perform more technical research.

U.S. Dep't of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook. 2016-17 ed., Market Research Analysts, https://www.bls.gov/ooh/business-and-financiallmarket-research­analysts.htm#tab-4 (last visited Mar. 31, 20 17).

4 All of our references are to the 2016-2017 edition of the Handbook, which may be accessed at the Internet site http://www.bls.gov/o6h/. We do not, however, maintain that the Handbook is the exclusive source of relevant information. That is, the occupational category designated by the Petitioner is considered as an aspect in establishing the general tasks and responsibilities of a proffered position, and we regularly review the Handbook on the duties and educational requirements of the wide variety of occupations that it addresses. To satisfy the first criterion, however, the burden of proof remains on the Petitioner to submit sufficient evidence to support a finding that its particular position would normally have a minimum, specialty degree requirement, or its equivalent, for entry.

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When reviewing the Handbook. we note that the Petitioner designated the profTered position under this occupational category at a Level I wage on the LCA. Based upon this designation, a Level I position (relative to others with the occupation), it does not appear that the Beneficiary will serve in a senior or leadership role or in a position that performs more technical research which would require a master's degree.

The Handbook does not indicate that a bachelor's degree in a specific specialty, or the equivalent, is normally required for entry into this occupation. That is, while the Handbook states that market research analysts typically need a bachelor's degree in or related to market research, it also states that many market research analysts have degrees in various other fields such as statistics, math, and computer science. Based on the various degrees which many market research analysts may possess, the Handbook does not support the position's eligibility under the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l).

Moreover, the Handbook indicates that general-purpose bachelor's degrees in business administration and the social sciences are acceptable for entry into the market research analyst occupation. This statement is consistent with the Petitioner's educational requirement for the proffered position, which includes a bachelor's degree in business administration. But again, a minimum requirement of a general-purpose bachelor's degree, such as a business administration degree, without more, will not justify a finding that a particular position qualities for classification as a specialty occupation. See Royal Siam, 484 F.3d at 147; cl Michael Hertz, 19 I&N Dec. at 560.

For these reasons, the Handbook is not determinative on the issue of the academic requirements for a market research analyst.

The Petitioner also references the Occupational Information Network (O*NET) Summary Reports, as evidence a market research analyst position is a specialty occupation. However, O*NET OnLine does not state a requirement for a bachelor's degree for this occupation. Rather, it assigns this occupation a Job Zone "Four" rating, which groups it among occupations for which "most ... require a four-year bachelor's degree, but some do not." O*NET OnLine Summary Report for "13-1161.00 Market Research Analysts and Marketing Specialists,'' http://www.onetonline.org/link/summary/13-1161.00 (last visited Mar. 31, 20 17); O*NET OnLine Help- Job Zones, http://www.onetonline.org/help/online/zones (last visited Mar. 31, 20 17).

Further, as acknowledged by the Petitioner, O*NET OnLine does not indicate that four-year bachelor's degrees required by Job Zone Four occupations must be in a specific specialty directly related to the occupation. The Petitioner asserts on appeal that although O*NET Online does not directly specify the fields of study for each of the occupations it addresses, a reasonable inference can be made based on the nature of the occupation. The Petitioner states that for a market research analyst position "a bachelor's degree in a market, business administration etc. fields is required for entry into this profession." However, there must be a close correlation between the required "body of highly specialized knowledge" and the position. A minimum entry requirement of a degree in two disparate fields, such as philosophy and engineering, for example, would not meet the statutory

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requirement that the degree be "in the specific specialty (or its equivalent)," unless the Petitioner establishes how each field is directly related to the duties and responsibilities of the particular position such that the required "body of highly specialized knowledge" is essentially an amalgamation of these different specialties. Section 214(i)(l )(B) of the Act (emphasis added). Here the Petitioner has not demonstrated that the wide variety of fields that might equip an individual to perform the duties of a market research analyst includes the same "body of highly specialized knowledge." The Petitioner must support its assertions with relevant, probative, and credible

, evidence. See Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). The O*NET Online information is not probative of the profferedyosition being a specialty occupation.

In this case, the Petitioner has not established that the proffered position falls under an occupational category for which the Handbook, or other authoritative source, indicates that normally the minimum requirement for entry is at least a bachelor's degree in a specific specialty, or its equivalent. The record lacks sufficient evidence to support a finding that the duties and requirements of the position, as described, is one for which a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for entry.

The Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(f).

B. Second Criterion

The second criterion presents two alternative prongs: "The degree r:equirement 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[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong concentrates upon the common industry practice, while the alternative prong narrows its focus to the Petitioner's specific position.

1. First Prong

To satisfy this first prong of the second criterion, the Petitioner must establish that the "degree requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its equivalent) is common to the industry in parallel positions among similar organizations.

When determining whether there is such a common degree requirement, factors we often consider include: whether the Handbook reports that the industry requires a degree; whether the industry's professional association has made a degree a minimum entry requirement; and whether letters or affidavits from firms or individuals in the industry attest that such firms ''routinely employ and recruit only degreed individuals." See Shanti: Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1.999) (quoting Hird/Blaker Corp. v. Sava. 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)).

Here and as already discussed, the Petitioner has not established that its proffered position is one for which the Handbook (or other independent, authoritative sources) reports an industry-wide

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requirement for at least a bachelor's degree in a specific specialty, or its equivalent. Thus, we incorporate by reference the previous discussion on the matter. Also, there are no submissions from the industry's professional association indicating that it has made a degree a minimum entry requirement.

We have reviewed the eight advertisements submitted in response to the Director's RFE and all appear to be from organizations involved in the textile industry. The advertisements do not include sufficient descriptions to establish that the advertised positions are parallel to the proffered position but do indicate generally that the successful candidate will perform various types of marketing duties. Seven of the eight advertisements find that a general bachelor's degree is acceptable to perform the duties of the advertised position. One of the eight advertisements seeks an individual with a bachelor's degree in marketing or business administration. Accordingly, even if the organizations are similar to the Petitioner and the posted positions are parallel to the proflered position, these advertisements confirm that a general bachelor's degree is sufficient to perform the advertisers' marketing duties. These advertisements do not establish that a bachelor's or higher degree in a specific specialty is common to the textile industry in parallel positions among organizations similar to the Petitioner.

The advertisements submitted on appeal are from a range of industries, including the food, restaurant, defense, and digital imaging concerns. Thus, from the limited information in the record it appears that these advertising organizations are not similar to the Petitioner. Again, the descriptions of the proposed duties for the advertised positions generally involve marketing duties, but the descriptions do not include sufficient information to conclude that the positions are parallel to the proflered position. Further, while the advertisements require a bachelor's degree, the specific field of study varies and includes as acceptable degrees, degrees in business, a field of general applicability. Thus, these advertisements also confirm that there is a wide variety of acceptable degrees to perform the duties of a market research analyst.

Moreover, the majority of the advertisements submitted require that the successtld applicant have between one and three years of specific experience. As the Petitioner here has designated the proffered position at a wage Level l on the LCA, a wage level that does not demand any experience, it appears that the advertised positions are for more senior positions than the position protlered here. It is not possible to conclude from the information provided in any of the advertisements that the positions are parallel in type of duties and level of responsibility to the proffered position. Accordingly, the job advertisements do not establish that similar organizations to the Petitioner routinely employ individuals with degrees in a specific specialty, in parallel positions in the Petitioner's industry.

As the record does not include probative evidence that a "degree requirement" (i.e., a requirement of a bachelor's or higher degree in a specific specialty, or its equivalent) is common to the industry in parallel positions among similar organizations, the Petitioner has not satisfied the first alternative prong of8 C.F.R. § 214.2(h)(4)(iii)(A)(2).

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2. Second Prong

We will next consider the second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which 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 evidence of record does not establish this element.

The Petitioner asserts on appeal that a market research analyst's job is complex and unique as it combines "market analysis, business data collection, etc." and that most market research analysts have a bachelor's or master's degree in business or a marketing field of study. However, the Petitioner does not claim that its proflered position requires a bachelor's degree in business administration with a concentration in marketing, but rather accepts a general business administration degree, a degree in management, or a degree in marketing as suitable for the position. Further, the Petitioner does not establish that business administration, management, and marketing degrees require the same body of highly specialized knowledge.

The Petitioner repeatedly references the Beneficiary's educational background and experience which will assist her in carrying out the duties of the proffered position. However, the test to establish a position as a specialty occupation is not the skill set or education of a proposed beneficiary, but whether the position itself qualifies as a specialty occupation. The Petitioner does not explain or clarify at any time in the record which of the duties, if any, of the proffered position would be so complex or unique as to be distinguishable from those of similar but non-degreed or non-specialty degreed employment.

The Petitioner submits an opinion letter prepared by Management Department, , on appeal. references the Handbook and

O*NET Online and repeats the general descriptions of those publications as the skills and knowledge required of a market research analyst occupation. concludes that "many hiring companies for the position of Market Research Analyst require job candidates to at least have a Bachelor's Degree but prefer them to have a Master's Degree." however, does not maintain that the required degree must be in a specific discipline. Rather, appears to acknowledge the information in the Handbook to the effect that there is a spectrum of degrees, including degrees of general applicability, which will equip market research analysts to perform their duties.

Significantly, does not explain how a specific curriculum is necessary to perform the duties the Petitioner generally describes. It is also apparent that he is unaware that the Petitioner assigned a Level I wage to the proffered position, a wage-level which is appropriate for a comparatively low, entry-level market research analyst position, relative to others within the same occupation, and which signifies that the Beneficiary is only expected to possess a basic understanding of the occupation. We may, in our discretion, use opinion statements submitted by the Petitioner as advisory. Matter of Caron lnt 'l. Inc., 19 l&N Dec. 791, 795 (Comm'r 1988). However, where an opinion is not in accord with other information or is in any way questionable, we are not required to accept or may give less weight to that evidence. !d.

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The record does not include sufficient information relevant to a detailed course of study leading to a specialty degree and the Petitioner has not established how such a curriculum is necessary to perform the duties it claims are so complex. While a few related courses may be beneficial in performing certain duties of the position, the Petitioner has not demonstrated how an established curriculum of such courses leading to a baccalaureate or higher degree in a specific specialty, or its equivalent, is required to perform the duties of the proffered position.

Additionally, we again note that the Petitioner has designated the proffered position as requiring only a Level I wage, that requires only a basic understanding of the occupation.5 Given the Handbook ·s indication that market research analysts' positions do not normally require at least a bachelor's degree in a specific specialty, or the equivalent, for entry, it is not credible that a position involving limited, if any, exercise of independent judgment, close supervision and monitoring. receipt of specific instructions on required tasks and expected results, and close review l+'ould contain such a requirement. The record lacks sufficiently detailed information to distinguish the proffered position as unique from or more complex than positions that can be performed by persons without at least a bachelor's degree in a specific specialty or its equivalent. Consequently, as the Petitioner does not demonstrate how the proffered position is so complex or unique relative to other market research analysts positions that do not require at least a baccalaureate degree in a specific specialty or its equivalent for entry into the occupation in the United States, it cannot be concluded that the petitioner has satisfied the second alternative prong of 8 C.F.R. § 214.2(h)( 4)(iii)(A)(2).

C. Third Criterion

The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it normally requires a bachelor's degree in a specific specialty, or its equivalent, for the position. The Petitioner notes that it currently does not employ a market research analyst but that it previously received H-lB approval for a market research analyst who left the company in 2013. The Petitioner asserts this individual "has earned a foreign equivalent of master's degree in marketing." The Petitioner submits an IRS Form W-2 to demonstrate that it employed this individual, but states that it does not have any of this employee's education documents.

Without the Petitioner's previous employee's education records and supporting documentation it is not possible to conclude that her H-1 B approval was based on the same or similar information as in this matter. The record is insufficient to conclude that the Petitioner has satisfied the third crit~rion.

5 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is particularly com'plex, specialized, or unique compared to other positions within the same occupation. Nevertheless, a Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or lawyers), a Level I, entry-level position would still require a minimum of a bachelor's degree in a specific specialty, or its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualifies as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor's degree in a specific specialty, or its equivalent. That is, a position's wage level designation may be a relevant factor but is not itself conclusive evidence that a proffered position meets the requirements of section 214(i)( I) of the Act.

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D. Fourth Criterion

The fourth criterion at 8 C.F.R. § 214.2(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.

On appeal, the Petitioner asserts that "[ m ]uch of the day-to-day work of a Market Research Analyst with the Petitioner requires the use of a standard research on home textiles and analysis tools such as market analysis, economic analysis and research on latest designs in home decor and consumer's trends/styles in the market." The Petitioner contends that it is the complex research of various factors and their effect on actual business practices that makes her position so specialized. The Petitioner however, does not otTer the necessary detail regarding specific duties it claims are complex. Most market research analysts perform market analysis and research consumer trends. We recognize that the Petitioner desires a skilled, knowledgeable employee to perform the duties it generally describes. However, the Petitioner has not sufficiently developed relative specialization and complexity as an aspect of the proffered position. In other words, the proposed duties have not been described with sufficient specificity to show that they are more specialized and complex than market research analyst positions that are not usually associated with at least a bachelor's degree in a specific specialty, or its equivalent. We also incorporate our earlier discussion and analysis regarding the duties of the protlered position, and the designation of the position in the LCA as a Level I position (the lowest of four assignable wage-levels) relative to others within the same occupational category. The record does not include probative evidence that the duties as generally described require more than technical proficiency in the market research field. The Petitioner has not demonstrated in the record that its proffered position is one with duties sufficiently specialized and complex to satisfy 8 C.F.R. § 214.2(h)( 4 )(iii)(A)( 4).

Because the Petitioner has not satisfied one ofthe criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A), it has not demonstrated that the proffered position qualifies as a specialty occupation.

IV. CONCLUSION

The appeal is dismissed because the Petitioner has not established the protlered position IS a specialty occupation.

ORDER: The appeal is dismissed.

Cite as Matter o{C-H-T- LLC, ID# 307196 (AAO Apr. 6, 2017)

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