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efta-efta00534261DOJ Data Set 9OtherPage 4 of 7
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DOJ Data Set 9
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efta-efta00534261
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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.
Although the list of private industry employers is not all-inclusive, the DOL's description of a nt.n Lei
research analyst's job implies that thew types of positions are found within large firms or corpolu
such as banks or worldwide pharmaceutical companies.
The business of interior design in which your organization is engaged is not within the DOL',.
industries that typically require ihe services of a full-time individual who performs only market research
analyst duties.
In the OOH, the DOL states that "market research analysts are concerned with the potential sales ,,t a
product or service. They anal) ze statistical data on past sales to predict future sales." While the duties
described appear to involve some sales analysis, they appear to be primarily those of an individual
performing marketing duties. Further, the interior design business in which you are engaged is not within
the DOL's list of industries that typically require the services of a full-tim
dividual who performs only
market research analyst duties. For these reasons, USCIS is not persuaded o f label the offered position r,
market research analyst position.
Further, you have enclosed an excerpt relating to market researcld
h analysts
fromthat
CY
it NEST
Online, which
thes,.
discusses the educational requirements for the position- It shou
be noted
states that "most of
occupations require a four-year bachelor's degree, but some do not." In addition, the O*NET makes no
reference to a degree requirement in a specific field of study. Therefore, the O4NET excerpt does not seo,
to verify that the position is considered a specialty occupation within your particular industry_
Therefore, the evidence of record does not satisfy the criterion at 8 CFR 214.2(h)(4)(iii)(A)( ))that a
baccalaureate or higher degree, or its equivalent. in a specific specialt), is normally the minim
intrw.ancisipv
EFTA00534261
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