Good news — this case cleared the first bar
The AAO withdrew the Director's denial and remanded the case because the Labor Condition Application may have used an incorrect SOC code (Market Research Analysts instead of Marketing Managers), making a proper specialty occupation analysis impossible without first resolving the LCA correspondence issue.
A pharmaceutical marketing analytics firm filed an H-1B petition for an analyst/consultant role, but the AAO found that approximately 60% of the stated job duties — including project planning, product launch frameworks, and long-range forecasting — appeared to match Marketing Managers (SOC 11-2021) rather than Market Research Analysts (SOC 13-1161) as listed on the LCA. Because the correct SOC code is an antecedent issue to specialty occupation analysis, the AAO withdrew the Director's denial and remanded the case. The AAO emphasized that using the wrong SOC code could result in an inaccurate specialty occupation determination and may also raise wage compliance issues since Marketing Managers command higher prevailing wages. No opinion was expressed on the ultimate outcome.
What failed: The petitioner listed SOC code 13-1161 (Market Research Analysts) on the LCA, but the described job duties — particularly project planning, product launch strategy, and long-range forecasting — were more consistent with Marketing Managers (SOC 11-2021), which carries a higher prevailing wage. This mismatch prevented any meaningful specialty occupation analysis and triggered remand.
Takeaway: Before filing an H-1B petition, employers should carefully review whether the SOC code on the LCA accurately reflects all of the beneficiary's actual duties, particularly when the role involves management or strategic planning functions that may belong to a higher-wage occupational category. Requesting a DOL prevailing wage determination can help identify the correct SOC code before filing.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The petitioner listed SOC code 13-1161 (Market Research Analysts) on the LCA, but the described job duties — particularly project planning, product launch strategy, and long-range forecasting — were more consistent with Marketing Managers (SOC 11-2021), which carries a higher prevailing wage
- This mismatch prevented any meaningful specialty occupation analysis and triggered remand.
Petitioner's described job duties, which the AAO found to include project planning and execution, establishing frameworks for product launch, transitioning from strategic to launch forecasting, and implementing long-range forecast models — duties more consistent with Marketing Managers than Market Research Analysts
LCA designating SOC code 13-1161 (Market Research Analysts and Marketing Specialists), which did not appear to accurately reflect the full scope of the proffered position's duties
The Director's decision failed to address whether the LCA's SOC code properly corresponded with and supported the petition before analyzing specialty occupation, which is an antecedent issue.
The Director conducted a specialty occupation analysis under SOC code 13-1161 (Market Research Analysts and Marketing Specialists) without first determining whether approximately 60% of the proffered duties more properly fell under SOC code 11-2021 (Marketing Managers).
Completed
I-129 filed
Analyst/consultant in pharmaceutical marketing analytics
Completed
Vermont Service Center — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2019-11-07
AAO decision — Remanded
The AAO withdrew the Director's denial and remanded the case because the Labor Condition Application may have used an incorrect SOC code (Market Research Analysts instead of Marketing Managers), making a proper specialty occupation analysis impossible without first resolving the LCA correspondence issue.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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