The occupation of a market research analyst is a specialty occupation
AAO Decision on ‘Specialty Occupation’ Qualifications
For many U.S. work visas, a position must qualify as a “specialty occupation.” This means the job is so complex that it requires, at a minimum, a bachelor’s degree in a specific field. U.S. Citizenship and Immigration Services (USCIS) often denies USCIS Policy Update: Social Media and Physical Harassment of Jewish Individuals Under Scrutiny petitions if an applicant’s degree isn’t in the exact field of the job.
The Administrative Appeals Office (AAO), which handles appeals for these denials, often provides a more flexible and realistic interpretation. A classic AAO decision regarding a Computer Software Engineer rests on three key points:
- The Position Requires a Degree: The AAO affirms that the role is a professional one needing a bachelor’s degree.
- The OOH Allows for Flexibility: The appeal successfully argues this point. USCIS’s reliance on the Department of Labor’s Occupational Outlook Handbook (OOH) should account for its flexible language. The OOH often states a degree in “computer science or a related field” is acceptable, not just one specific major, which aligns with how the Administrative Appeals Office views such cases.
- Experience Can Bridge the Gap: The AAO considers the applicant’s entire background. Substantial, professional-level work experience can be deemed equivalent to formal education. This is especially true when combined with a degree in a related field.
This type of decision highlights a crucial strategy. An applicant’s entire background, including both formal education and progressive work experience, must be considered to determine their qualifications, as emphasized by the AAO.
