U.S. Citizenship and Immigration Administrative - Temporary Worker... · "digital marketing analyst"

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  • U.S. Citizenship and Immigration Services

    MATTER OF P-P-E- CORP.

    NonPrecedent 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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    Matter of P-P-E- Corp.

    (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 deg

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