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U.S. Citizenship and Immigration Services MATTER OF P-P-E- CORP. Non·Precedent Decision of the Administrative Appeals Office DATE: JUNE 27,2018 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a methanol processing facility, seeks to temporarily employ the Beneficiary as a "digital marketing analyst" under the H-1 B 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)(I5)(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 California Service Center denied the petition, concluding that the proffered position does not qualify as a specialty occupation. On appeal, the Petitioner submits additional evidence and asserts that the Director's decision was erroneous. 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:

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Page 1: U.S. Citizenship and Immigration Administrative … - Temporary Worker... · "digital marketing analyst" under the H-1 B nonimmigrant classification for specialty ... • Based on

U.S. Citizenship and Immigration Services

MATTER OF P-P-E- CORP.

Non·Precedent Decision of the Administrative Appeals Office

DATE: JUNE 27,2018

APPEAL OF CALIFORNIA SERVICE CENTER DECISION

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

The Petitioner, a methanol processing facility, seeks to temporarily employ the Beneficiary as a "digital marketing analyst" under the H-1 B 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)(I5)(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 California Service Center denied the petition, concluding that the proffered position does not qualify as a specialty occupation.

On appeal, the Petitioner submits additional evidence and asserts that the Director's decision was erroneous.

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 non­exhaustive 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:

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(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.

8 C.F.R. § 214.2(h)(4)(iii)(A). We construe the term "degree" to mean not j ust any baccalau reate or higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal Siam Corp. v. Chertofj; 484 F.3d 139, 147 (1st Cir. 2007) (describing "a degree requirement in a specific specialty" as "one that relates directl y to the duties and responsibili ties of a particular position"); Defensor v. Meissner, 201 F.3d 384, 387 (5th Cir. 2000).

II. PROFFERED POSITION

The Petitioner stated that the Beneficiary will serve as a " digital marketing anal yst." In response to the Director's request for evidence (RFE), the Petitioner provided the following ove rview of the job duties of the position with the percentages of time the Beneficiary would devote to each stated duty:

1. Analyze cross departmental areas of the business with a special focus o n analyzing the potential locations for new centers. (1 %)

• Communicate with technology and engineer teams to create scientific and appropriate content. Conquer the challenge that interpret complicated chemical knowledge to simple come nt and spread on internet.

• Find marketing opportunities from cross-department communications. Convert professional knowledge to competi tive marketing strategies and valuable marketing content.

2. Perform marketing spending efficiency auditing by regress ion mode l, incl ud ing analysis and Advertisement Budgeting. (5%)

• Se t Pixel tracking codes on website. • Create dashboard on digital marketing analysis and research tools, such as

etc.

2

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to monitor website, SEM and social media perfo rmance. Collect data from dashboard and repo rt to marketing team on a daily basis.

• Analyze budgeting data and optimize marketing plans and strategies on an outcome-oriented and cost-efficient basis.

3. Perform a series of calculations and regress ion model based on tat/ long coordinates, quickly process large data sets and make recommendati ons given a complex set of constraints to a problem. (40%)

• Based on both internal database and data from external sou rces, create correlation or regression models to get marketing insights. Find significant indicators that could improve marketing performance.

• Turn sophisticated data analysis into readable tables, graphics, charts, e tc. by using

• Make recommendations to optimize targeting, content management, budgeting, etc.

4. Generate qlikview File generating and use SQL. (1 %)

• Export data from digital mark~ting analysis and research tools . Sort, filter and clean data set, and build up database by Update database every time export new data from the tools.

• Communicate with advertising providers. Collect budgeting data, including rate, time flighting, placement, targeting, impressions, CPM/CPC etc.

5. Strategize and forecast based on research of cu rrent trends and future developments in local, regional, and national areas. (5%)

• Monitor current trends and press coverage by using Trend Ki te. • Provide competitive analysis on various co mpanies' market offerings,

identify m arket trends, pricing/business models, sales and methods of operation.

6. Analyze data from digital marketing campaigns and recommend improvements. (20%)

• Collect data fro_m 1-0wned media and marketing tools. 2-Advertisemcnt providers. 3-[ marketing] tracking and moni toring serv ice providers.

• Analyze data to find strengths and weaknesses. • Make reports and recommendations to keep improving strengths and avoid

weaknesses.

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7. Analyze vast quantities of data utilizing (5%)

• Analyze budgeting data and optimize marketing plans and strategies on an outcome-oriented and cost efficient basis. Use online market research and catalogue ~indings to databases.

8. Design, develop, and implement all aspects of primary and market research projects including: Research methodology design, Data collection, Data analysis, Report development and client presentations. (5%)

9. Recommend appropriate research methodologies, sampling procedures, survey designs, and analysis plans (both qualitative and quantitative research). (10%)

10. Provide research findings and key insights that can be incorporated into broader client offerings. (5%)

• Interpret data , formulate reports, and make recommendations. • Remain fully informed on market trends, other parties research and

implement best practices.

11: Identify, develop and implement innovative research tools to expand market research capabilities. (3%)

• Understand business objectives and design surveys to discover prospective customers' preferences. .

• Compile and analyze statistical data using modern and traditional methods to collect it.

According to the Petitioner, its minimal educational requirement for the position ts at least a bachelor's degree in marketing ..

III. ANALYSIS

Upon review of the record in its totality and for the reasons set out below, we determine that the Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation.1

Specifically, the record does not establish that the job duties require an educational background, or its equivalent , commensurate with a specialty occupation.2

·

1 Although some aspects of the regulatory criteria may overlap, we will address each of the criteria individually. 2 The Petitioner submilled documentation to support the H-1 B petition, including evidence regarding the proffered position anu its business operations. While we may not uiscuss every document submillcd, we have reviewed and considered each one.

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A. First Criterion

We turn first to the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(I), which requires that a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position. 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). To inform this inquiry, we recognize the U.S. Department of Labor's (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.'

On the labor condition application (LCA)4 submitted in support of the H-1 B petition, the Petitioner designated the proffered position under the occupational category "Market Research Analysts and Marketing Specialist-s" corresponding to the Standard Occupational Classification code 13-1161. The subchapter of the Handbook entitled "How to Become a Market Research Analyst" states, in relevant part, "[ m ]arket research analysts typically need a bachelor's degree in market research or a related field. Many have degrees in fields such as statistics, math, or computer science. Others have backgrounds in business administration, the social sciences, or communications."5

The Handbook reports that market research analysts have degrees and backgrounds in a wide-variety of disparate fields. The Handbook further identifies various courses as essential to this occupation, including statistics, research methods, and marketing and further elucidates that courses in communications and social sciences (such as economics, psychology, and sociology) are also important. Therefore, although the Handbook indicates that market research analysts may need an advanced degree, particularly for "leadership positions or positions that perform more technical research," it also indicates that degrees and backgrounds in various fields are acceptable for jobs in this occupation - including computer science and the social sciences, as well as statistics and

. . 6 commumcat1ons.

J All of our references are to the 2017-2018 edition of the Handbook, which may be accessed in print or at the Internet site hltp://www.bls.gov/ooh/. 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 positiori, and we regularly review the Handbook on the duties and educational requirements of the wide variety of occupations that it addresses. Nevertheless, to satisfy the first criterion, 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. 4 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 experience and qualifications who arc perrorming the same services. See Matter of Simeio Solations. LLC, 26 I&N Dec. 542, 545-546 (AAO 20 t5). 5 Bureau of L1bor Statistics, U.S. Dep't of Labor, Occup~tional Outlook Handbook, Market Research Analysts, on the internet at https://www.bls.gov/ooh/busincss-and-financial/markct-research-analysts.htm#tab-4 (last visited June 27, WI~ . r, In general, provided the specialties are closely related, e.g., chemistry and biochemistry, a minimum of' a bachelor· s or higl}er degree in more than one specialty is recognized as satisfying the ''degree in the specific specialty (or its equivalenl)" requirement of section 2·14(i)(l)(B) of the Act. In such a case, the required "body of highly specialized knowledge" would essentially be the same. Since there must be a close correlalion between the required "body of highly specialized knowledge" and the position, however, a minimum entry requirement of a degree in two disparate fields,

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In addition to recognizing degrees in disparate fields, i.e., social science and computer science as acceptable for entry into this field, the Handbook also states that "[ o ]thers have backgrounds in business administration."7 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. Royal Siam Corp., 484 F.3d at 147. Therefore, the Handbook's recognition that a general, non-specialty "background" in business administration, or one of a number of other fields, math, computer science, or social science, is sufficient for entry into the occupation strongly suggests that a bachelor's degree in a specific specialty is not a standard, minimum entry requirement for this occupation. Accordingly, as the Handbook indicates that working as a market research analyst does not normally require at least a bachelor's degree in a specific specialty, or its equivalent, for entry into the occupation, it does not support the particular position proffered here as being a specialty occupation.

The Petitioner asserts that the job title and job duties of a market research analyst and marketing specialist as set out in SOC code 13-1161 have been identified as a specialty occupation by the court in Raj and Company v. U.S. Citizenship and Immigration Services, 85 F. Supp. 3d 1241 (W.D. Wash. 2015). However, there is no indication that aspects of the work, such as the duties and responsibilities, level of judgement, complexity. of the job duties, supervisory duties, independent judgement required, or the amount of supervision received, are analogous to the proffered position here. Aside from the designation of the proffered position as falling generally within the occupational category "Market Research Analysts and Marketing Specialists," there is no indication that the positions are similar.

The Petitioner also cites Next Generation Tech., Inc. v. Johnson, (S.D.N.Y. Sept. 29, 2017) as relevant here. The court in Next Generation discussed our reading of the Handhook ·.1· discussion of the entry requirements for positions located within a different and separate occupational category "Computer Programmers" rather than the "Market Research Analysts" category designated by the Petitioner in the LCA relating to this case. As noted above, the Handhook specifically states that "many analysts have liberal arts degrees and have gained programming or technical expertise elsewhere."

such as philosophy and engineering, would not meet the statutory 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).

Whether read with the statutory ''the" or the regulatory "a,'' both readings denote a singular "specialty.'· Section 214(i)(l)(B) of the Act; 8 C.F.R. § 214.2(h)(4)(ii). Still, we do not so narrowly interpret these provisions to exclude positions from qualifying as specialty occupations if they permit, as a minimum entry requirement, degrees in more than one closely related specialty. This also includes even seemingly disparate specialties provided the evidence of record establishes how each acceptable, specific field of study is directly related to the duties and responsibilities of the rarticular position.

Bureau of Labor Statistics, U.S. Dep't of Labor, Occupational Outlook Handbook, Market Research Analysts (20t7-2018 ed.).

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Moreover, the court in Next Generation relied in part on a U.S. Citizenship and Immigration (USCIS) policy memorandum regarding "Computer Programmers" indicating generally preferential treatment toward computer programmers, and "especially" toward companies in that particular petitioner's industry. However, USCIS rescinded the policy memorandum cited by the court in Next Generation Tech. Inc8

While the references to Raj and Next Generation are acknowledged, we note that, in contrast to the broad precedential authority of the case law of a United States circuit court, we are not bound to follow the published decision of a United States district court in matters arising even within the same district. See Matter of K-S-, 20 I&N Dec. 715, 719-20 (BIA 1993). Although the reasoning underlying a district judge's decision will be given due consideration when it is properly before us, the analysis does not have to be followed as a matter of law. !d.

The Petitioner further refers to an unpublished decision in which we determined that the position of computer programmer proffered in that matter qualified as a specialty occupation under this criterion. The Petitioner has furnished no evidence to establish that the facts of the instant petition are analogous to those in the unpublished decision. Moreover, given the distinct nature of the occupations in the instant petition and the decision relied upon by the Petitioner, it is unclear how this prior decision by our office is pertinent to the facts currently before us. While 8 C.F.R. § 103.3(c) provides that our precedent decisions are binding on all USCIS employees in the

.administration of the Act, unpublished decisions are not similarly binding.

Therefore, the record does not demonstrate that the proffered position qualifies as a specialty occupation under 8 C.F.R. § 214.2(h)(4)(iii)(A)(I).

B. Second Criterion

The second criterion presents two, alternative prongs: "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[.]" 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong looks to 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.

' See US CIS Policy Memorandum PM-602-0 142, Rescission oi the December 22. 2000 "Guidance me1110 011, HI 8 computer related positions .. (Mar. 31, 20 17), https://www. uscis.gov/sites/dcfault/files/files/nativedocumcnts/I'M -6002-0 142-H I B ComputerRelatedPositions Recission.pdf.

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We generally consider the following sources of evidence to determine if there is such a common degree requirement: whether the Handbook reports that the industry requires £1 degree; w hethe r the industry's professional association has made a degree a mini mum entry requirement; and whether letters or affidavits from fi rms or individuals in the industry establ ish that such firms " rout inely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 11 5"1 , 11 65 (D. Minn. 1999) (quoting Hird!Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D. N. Y. 1989) (considering these " factors" to inform the commonality of a degree requirement)).

As already .discussed, the Petitioner has not established that its proffered position is one for which the Handbook (or other independent, authoritative source) reports an indust ry-wide requirement fo r at least a bachelor's degree in a specific spe~ialty or its equivalent. Thus , we incorporate by reference the prev ious discuss ion on the matter. In addition, the re are no submissions from the industry's professional association indicating that it has made a degree a mmtmum entry requirement.

In response to the Director's RFE, the Petitioner two expert opinion letters in support of the asse rtion that the degree requirement is commo n to the industry in paralle l positions among similar organizations. The first le tter, from Marketing and Communications Manage r fo r the

states that the Petitioner and the have been working together to develop a major manufacturing and marine terminal project for the past three years. She states that the marketing teams for both enti ties have worked closely together, and based on he r knowledge of the duties performed in relation to this project, she concludes that the proffered positi on "require[ s] formal college education, and at least a bachelor's degree." conclusions do not indicate that a bachelor' s degree in a spec ific spec ialty is required to perform the duties of the proffered position, or indicate that such a degree requi rement is an industry-w ide requirement.

The second le tter, from Vice President and Media Director o f makes general observations regarding the field of digital marketing. Al though prov ides a copy of his resume, the nature of his experience and qualifications is unclear. As a result, his op inion that the duties associated with the evolving fie ld of digital marketing "requi re spec iali zed skills and knowledge that can onl y be obtained by completing a bachelor degree as a mini mum (or more ideally, a master degree) in marketing or related majors from an accredited university" is not persuasive. does not discuss indicate the basis upon which he draws his conclusions or the foundation of knowledge that quali fies hi~ to do so.

As a matter of discretion, we may use opinion statements submitted by the Petitioner as advisory. Matter of Caron fnt'l. Inc. , 19 I&N p ee. 791 , 795 (Comm' r 1988). However, we will reject an opi,nion or give it less weight if it is not in accord with other information in the record or if it is in any way questionable. ld. We are ultimately responsible for making the final dete rmination regarding an individual' s eligibility for the benefit sought; the submission of expert opinion letters is not presumptive evidence of eligibility. !d.; see also Matter of V-K- , 24 I&N Dec. 500, 502 n.2 (BIA 2008) ("(E]xpert opinion testimony, while undoubtedly a form o f evidence, does not purport to

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be evidence as to 'fact' but rather is admissible only if 'it will assist the trier of fact to understand the evidence or to determine a fact in issue."').

The Petitioner has not sufficiently established that the proffered position qualifies as a specialty occupation under the first prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2).

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 Director concluded that the Petitioner's description of the proffered position's duties, despite the submission of the percentage of time to be devoted· to each duty, was too generic to determine whether the nature of the proffe.red position is sufficiently complex or unique, compared to similar positions within the same industry. On appeal, the Petitioner simply states: "A detailed look into the job duties reveals that it is indeed complex," and restates the list of duties submitted in response to the RFE. .

We conclude that the Petitioner has not sufficie~tly developed relative complexity or uniqueness as an aspect of the proffered position. For example, the Petitioner stated that the beneficiary will devote 40% of his time to performing a series of calculations and regression model based on latitude and longitude coordinates, which includes quickly processing large data sets and making recommendations given a complex set of constraints to a problem. However, the nature of these duties is not sufficiently explained within the context of the Petitioner's business operations, such that we can determine that such duties are complex or unique that they requires at least a bachelor's degree in a specific specialty or its equivalent. Moreover, additional duties such as "recommend appropriate research methodologies," "provide research findings," "interpret data," and "formulate reports" suggest that the position is not complex or unique as contemplated by this prong of the regulations.

The Petitioner designated the proffered position as an entry-level position within the occupational category (by selecting a Level I wage). This designation, when read in combination with the Handbook's account of the requirements for this occupation and the record of proceedings, further suggests that this particular position is not so complex or unique relative to other market research analysts that the duties can only be performed by an individual with a bachelor's degree or higher in a specific specialty, or its equivalent. ·

Although the Petitioner claims that the Beneficiary is well-qualified for the position, and references his qualifications, the test to establish a position as a specialty occupation is not the education or experience of a proposed beneficiary, but whether the position itself requires at least a bachelor's degree in a specific specialty, or its equivalent. The Petitioner did not sufficiently develop relative

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complexity or uniqueness as an aspect of the duties of the position, and it did not identify any tasks that are so complex or unique that only a specifically degreed individual could perform them.

Therefore, the Petitioner has not sufficiently es'tablished that the proffered position qualifies as a specialty occupation under the second 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 does not assert eligibility under this criterion and does not submit any evidence of previous or current employees in the same position as the Beneticiary's proffered position. Therefore, the Petitioner has not satisfied the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(J).

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.

The Petitioner provided samples of the Beneficiary's work product in an effort to establish that the nature of the specific duties of the position is specialized and complex. However, simply submitting the finished work products, in the forms of charts, reports, etc., does not satisfy the requirements under this criterion. For example, the Petitioner does not discuss the processes and methodologies used to create such documents, or the necessary knowledge required to produce them. Although the Petitioner claims that the Beneficiary will performing complex and specialized duties in the proffered position, relative specialization and complexity have not been sufficiently developed by the Petitioner as an aspect of the proffered position. That is, the proposed duties, and the manner in which the Beneficiary accomplishes his work, have not been described with sufficient specificity to establish that they arc more specialized and complex than other positions in the occupational category that arc not usually associated with at least a bachelor's degree in a spccitic specialty, or its equivalent. We also reiterate our earlier comments and findings regarding the implications of the position's wage level designation on the LCA.9 Thus, 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).

9 The Petitioner's designation of this position as a Level I, entry-level position undermines its claim that the position is particularly complex, 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 docs 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 rcllect that an occupation qualifies as a specialty occupation ir 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 positiofi's wage-level designation may be a relevant factor but is not

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The Petitioner has not satisfied one of the 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 Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation.

ORDER: The appeal is dismissed.

Cite as Matter ofP-P-E- Corp., ID# 1359638 (AAO June 27, 2018)

itself c.:onclusivc evidence lhal a proffered position meets the requirements of section 214(i)( 1) of the Act.

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