Market Research Analyst is a Specialty Occupation- Now we know.
Market Research Analyst positions have always been an issue of contention. USCIS has always been raising questions on the qualifications of the position as Specialty Occupation based on entry requirements mentioned in OOH. USCIS stance on the Market Research Analyst position had been that it does not require a bachelor’s degree in a specialized field as multiple fields of study are acceptable. A class-action suit (MadKudu Inc. et al. v. USCIS, et al.) was filed challenging this practice and misinterpretation of OOH by USCIS. It was challenged in the complaint that USCIS has been arbitrarily denying H-1B nonimmigrant petitions for market research analyst positions filed by United States employers.
USCIS has settled the said class-action suit (See here) and reached the following agreements concerning Market Research Analyst positions:
a) OOH description of Market Research Analyst occupation satisfies the first regulatory criteria meaning that the occupation does normally require a bachelor’s or higher degree in a specific specialty to enter the occupation.
b) If the Petitioner will accept less than a bachelor’s degree in a specialized field directly related to the position i.e an associate degree or a bachelor’s degree in a generalized field without a minor, major, concentration, or specialization in market research, marketing, or research methods, the position will not meet the regulatory criteria;
c) The biggest concession from USCIS in this settlement is to accept that the OOH definition is not overly broad, and it specifically refers to the specialized field of study as the requirement for entry to the occupation.
d) It also reaffirms that a specialized/specific field could be more than one and USCIS has recognized that a minor, major, concentration, and specialization in the recognized specific fields in a degree would meet the requirements for a specialty occupation;
e) USCIS categorically accepted that a higher degree in business administration with an official minor, major, concentration, or specialization in market research, marketing, or research methods as annotated on a transcript, diploma, other official documents from the institute of higher education is NOT a generalized degree.
f) Where a market research Analyst position accepts bachelor or higher degree in communications, statistics, computer & information technology, and/or social science MAY qualify as a specialty occupation if the petitioner can show that an official minor, major, concentration, or specialization in market research, marketing, or research methods is necessary to perform the job duties.
g) In cases where the Petitioner will accept a bachelor’s degree in business administration, communications, statistics, computer & information technology, and/or social science, USCIS will not outright deny the petition and will raise an RFE to show that degrees requested in addition to official minor, major, concentration, or specialization in market research, marketing, or research methods is necessary to perform the job duties.
Overall, a lot more clarity and acceptance on OOH interpretation and strikes the right balance between domain knowledge and requirements for the position. The ever-changing industry landscape requires an out of box approach to fulfill the needs of a business.
As to logistics questions about this class action settlement American Immigration Council has released a FAQ as to who can qualify under this final settlement. It can be found here.
