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Page 4 of 7
EAC 1202350999
proffered posit ion 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. See Mutter of Michael Hertz
Associates, 19 I&N Dec. 558 (Comm. 1988). To prove that a
job requires the theoretical and practical
application of a body of specialized knowledge as required by Section 2
14(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. As explained above, USCIS interprets the degree
requirement at 8 C.F.R. §
2 14.2(h)(4)(iii)(A) to require a degree in a specific specialty
that is directly related to the proposed
position.
The OOH does not indicate that a baccalaureate degree in a specific field of study is the minimum
educational requirement for Market Research Analyst.
The OOH also states "market research analysts are concerned with the potential sales of a product or
service. They analyze statistical data on past sales to predict future sales." Further. Information in the
OOH, provides insight into the types of industries in which market research analysts are nornialh tolind
According the DOL:
Private industry provided about 9 out of 10 jobs for salaried workers, particularly economic and
marketing research firms, management consulting firms, banks, securities, and commodities brokers,
and computer and data processing companies.
a nt.n Lei
Although the list of private industry employers is not all-inclusive, the DOL's description of
or corpolu
research analyst's job implies that thew types of positions are found within large firms
such as banks or worldwide pharmaceutical companies.
busine ss of interio r design in which your organization is engaged is not within the DOL',.
The
that typically require ihe service s of a full-time individual who performs only market research
industries
analyst duties.
that "marke t researc h analyst s are concerned with the potential sales , ,t a
In the OOH, the DOL states past sales to predict future sales." While the duties
ze statistic al data on
product or service. They anal) they appear to be primarily those of an individual
some sales analysi s,
described appear to involve design business in which you are engaged is not within
Further , the interior
performing marketing duties. service s of a full-tim dividual who performs only
that typicall y require the
the DOL's list of industries reasons , USCIS is not persuaded o flabel the offered position r,
For these
market research analyst duties.
position.
market research analyst
h analyst s CY Online, which
excerpt relating to market researc ld
Further, you have enclose d an states that "most of thes,.
shou be notedfromthat itNEST
It additio n, the O*NET makes no
discusses the educational requirements for the position-some do not." In
require a four-ye ar bachelo r's degree, but excerpt does not seo ,
occupations Therefo re, the O4 NET
require ment in a specific field of study.
reference to a degree occupa tion within your particular industry_
a specialty
to verify that the position is considered
CFR 214.2( h)(4)(i ii)(A)( ))that a
record does not satisfy the criterion at 8
Therefore, the eviden ce of special t), is normally the minim
a specific
baccalaureate or higher degree, or its equivalent. in
intrw.ancisipv
EFTA00534261
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