The position of Market Research Analyst does qualify as an H-1B specialty occupation even though it does not require a baccalaureate degree in that single academic discipline, according to a recent decision by the United States District Court for the Southern District of Ohio, Eastern Division (Residential Finance Corporation v. U.S. Citizenship and Immigration Services, Case No. 2:12-cv-00008 03/12/12).
Residential Finance Corporation (RFC) filed a petition seeking an H-1B visa to employ a prospective employee in the position of a Market Research Analyst. The USCIS subsequently denied the petition on the basis that the “Market and Survey Researcher” section of the Occupational Outlook Handbook (OOH) does not indicate that market analyst research positions normally require at least a bachelor’s degree in a specific specialty. The USCIS concluded that the occupational category was not a specialty occupation because the OOH did not specify that a specific specialty degree is required for the position.