dismissed H-1B Case: Advertising

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: WAC 03 016 52868 Office: CALIFORNIA SERVICE CENTER Date: 1 2 1005 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 03 016 52868 
Page 2 
DISCUSSION: The seryice center director denied the nonirnmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petition will be denied. 
The petitioner is a jewelry business that seeks to employ the beneficiary as an advertising/promotions 
manager. The petitioner endeavors to classifL the beneficiary as a nonimmigrant worker in a specialty occupation 
pursuant to § lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 1 (a>(l5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 1184(i)(l), defines the term "specialty occupation" as an occupation 
that requires: 
(A) theoretical and practical application of a body of highly specialized knowledge, and 
(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) 
as a minimum for entry into the occupation in the United States. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(I) A baccalaureate or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position; 
(2) The degree requirement is common to the industry in parallel positions among similar 
organizations or, in the alternative, an employer may show that its particular position is 
so complex or unique that it can be performed only by an individual with a degree; 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties is so specialized and complex that knowledge required to 
perform the duties is usually associated with the attainment of a baccalaureate or higher 
degree. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 8 C.F.R. 
fj 214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific specialty that is 
directly related to the proffered position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an advertising/promotions manager. Evidence of the 
beneficiary's duties includes: the 1-129 petition; the petitioner's undated letter in support of the petition; and 
WAC 03 016 52868 
Page 3 
the petitioner's response to the director's request for evidence. According to this evidence, the beneficiary 
would perform duties that entail: planning and executing advertising policies; planning and designing 
advertising and promotional material; formulating plans to extend business with established accounts; 
monitoring and analyzing sales promotion results to determine cost effectiveness of promotion campaign; 
reading trade journals and professional literature to stay informed on trends, innovations, and changes that 
affect media planning; consulting publications to learn about conventions and social functions; organizing 
prospect files for promotional purposes; and supervising the production of advertising and promotional 
materials. The petitioner indicated that a qualified candidate for the job would possess a bachelor's degree in 
advertising or an equivalent thereof. 
The director found that the proffered position, which is similar to advertising, marketing, promotions, public 
relations, and sales managers, was not a specialty occupation. Citing to the Department of Labor's 
Occupational Out2ook Handbook (Handbook), 2004-2005 edition, the director noted that the minimum 
requirement for entry into the position was not a baccalaureate degree or its equivalent in a specific specialty. 
The director found further that the petitioner failed to establish any of the criteria found at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A). 
On appeal, counsel states, in part, that the proffered position is that of a public relations specialist, and is not a 
promotions manager. According to counsel, a review of the Handbook and information from the Public 
Relations Society of America (PRSA) finds that a bachelor's degree in a specific specialty is required for 
public relations specialist jobs. Counsel states further that the petitioner seeks to expand its business, thereby 
necessitating the hiring of a public relations specialist. Counsel also states that the proposed duties, which 
include researching and developing suitable ideas for launching a public relations campaign, writing and 
editing material, and creating a positive perception of the company, are so specialized and complex as to 
require a related bachelor's degree. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO turns first to the criteria at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. 
Factors often considered by CIS when determining these criteria include: whether the Handbook reports that the 
industry requires a degree; whether the industry's professional association has made a degree a minimum entry 
requirement; and whether letters or affidavits from firms or individuals in the industry attest that such firms 
"routinely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 115 1, 1165 (D. 
Minn. 1999)(quoting HirdBlaker Corp. v. Suva, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for its information about the duties and educational requirements of 
particular occupations. The AAO does not concur with counsel that the proffered position, which is similar to a 
public relations specialist, is a specialty occupation. No evidence in the Handbook, 2004-2005 edition, indicates 
that a baccalaureate or higher degree in a specific specialty, or its equivalent, is required for a public relations 
specialist job. Furthermore, although counsel states that the petitioner seeks to expand its business, thereby 
necessitating the hiring of a public relations specialist, the record contains no evidence of any current 
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Page 4 
expansion plans. It is also noted that, although the petitioner was established in 1996, the petitioner's 2002 
federal income tax return reflects only $6,650 in salaries and wages. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comm. 1972)). 
Regarding parallel positions in the petitioner's industry, counsel states: "The PRSA declares that a college 
degree is 'essential' and that a basic grounding in liberal arts is 'recommended."' No evidence in the PRSA 
information, however, indicates that a baccalaureate or higher degree in a specific specialty, or its equivalent, is 
required for a public relations specialist job. 
The record does not include any evidence from professional associations regarding an industry standard, or 
documentation to support the complexity or uniqueness of the proffered position. The petitioner, therefore, 
has not established the criteria set forth at 8 C.F.R. § 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. As the record indicates that the proffered position is a new position, the 
petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(4) - the nature of the specific duties is 
so specialized and complex that knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as to 
require the highly specialized knowledge associated with a baccalaureate or higher degree, or its equivalent, 
in a specific specialty. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(4). 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.