dismissed H-1B Case: Automotive Export

identifying data deleted to 
prevent clearly unwarranmted 
invasion of pasod pdw 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PUBLIC COPY 
FILE: SRC 04 062 50385 Office: TEXAS SERVICE CENTER Date: AUG 1 8 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 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, Chief 
Administrative Appeals Office 
SRC 04 062 50385 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant 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 an importer and exporter of used cars that seeks to employ the beneficiary as a contract 
administrator. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to 5 10l(a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 9 1 lOl(a)(lS)(H)(i)(b). - 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief and copies of Internet job postings as supporting documentation. 
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. 9 214.2(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. 5 214.2(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 a contract administrator. Evidence of the beneficiary's 
duties includes: the 1-129 petition; the petitioner's December 24, 2003 letter in support of the petition; and the 
SRC 04 062 50385 
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petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perform duties that entail: assisting with activities concerned with contracts for the purchase and sale of 
vehicles and vehicle parts; examining performance requirements and delivery schedules; estimating costs of 
different vendors and preparing estimates; coordinating sales with shippinglfreight documentation; acting as 
liaison between the petitioner and its clients; and directing the petitioner's overseas sales and advertising 
program. The petitioner indicated that a qualified candidate for the job would possess a bachelor's degree in 
business administration with a focus on accounting, or a closely related degree. 
The director found that the proffered position was not a specialty occupation because the petitioner had not 
established that position was so complex or unique as to require a degree. Citing to the Department of Labor's 
(DOL) Occupational Outlook Handbook (Handbook), 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. fj 214.2(h)(4)(iii)(A). 
On appeal, counsel states, in part, that a bachelor's degree in a specific field of study is a standard minimum 
requirement in the petitioner's industry. Counsel submits copies of Internet job postings as supporting 
documentation. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. 8 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The record's descriptions of the proffered position and the duties comprising it are limited to generalized 
functions that the petitioner has ascribed to the position, such as "Analyze financial information and prepare 
financial reports"; "Act as liaison between company and clients"; "Assist with activities concerned with 
contracts for purchase or sale of vehicles and vehicles' parts"; and "Direct our sales program and advertising 
for overseas customers, especially in the Arabian Gulf States." The petitioner has not identified 
methodologies or applications of specialized knowledge that actual performance of the position's functions 
would involve. Nor has the petitioner explained or provided documentary evidence to establish how the 
beneficiary's actual substantive work would require at least a bachelor's degree level of knowledge in a 
specific specialty. 
A position's qualification as a specialty occupation under the related statute and regulations is not 
accomplished by a petitioner's composing general duties that align with general duties that the Handbook or 
other DOL resources ascribe to a particular occupational category, for it is the actual performance 
requirements that determine the type and level of educational credentials necessary for a particular position. 
As a consequence of the lack of detail about the actual substantive work and associated educational 
requirements of the proffered position, the record lacks a reasonable basis for the AAO to conclude that the 
evidence of record satisfies any of the criteria of 8 C.F.R. 8 214.2(h)(4)(iii)(A). 
The AAO turns first to the criteria at 8 C.F.R. 8 214.2(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 
SRC 04 062 50385 
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requirement; and whether letters or affidavits from fms 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 1 15 1, 1 165 (D. 
Minn. 1999)(quoting Hird/Blaker Corp. v. Sava, 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. Although a review of the Administrative Services Managers training requirements in 
the Handbook, 2006-2007 edition, at page 26, finds that a manager of contract administration may qualify as a 
specialty occupation, the AAO does not concur with counsel that the proffered position is a specialty occupation. 
In this case, the petitioner did not describe the duties requiring at least a bachelor's degree in business, human 
resources, or finance indicated in the Handbook. Further, although information on the petition indicates that the 
petitioner was established in 1985 and has four employees, the record contains no evidence of these employees, 
such as quarterly wage reports. It is noted that the petitioner's 2002 federal income tax return reflects no 
compensation of officers or salaries and wages paid. Simply going on record without supporting documentary 
evidence is not sufficient for the purpose of meeting the burden of proof in these proceedings. Matter of 
SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 
(Reg. Comm. 1972)). In view of the above discussion, the exact nature of the proffered position is not clear. 
Regarding parallel positions in the petitioner's industry, the petitioner submitted Internet job postings for 
contract administrators. There is no evidence, however, to show that the employers issuing those postings are 
similar to the petitioner, or that the advertised positions are parallel to the instant position. The advertisements 
are for contract administrators in a variety of industries, including construction, defense, marketing, and 
pharmaceuticals. The petitioner's industry, however, is not represented. Thus, the advertisements are not 
probative. 
The record also does not include any evidence from firms, individuals, or professional associations regarding 
an industry standard, or documentation to support the complexity or uniqueness of the proffered position; and 
the duties that comprise the proffered position are described in generalized terms that do not establish the 
position as sufficiently unique or sufficiently complex to require a bachelor's degree level of knowledge in a 
specific specialty. 
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 counsel does not address this issue on appeal, it will not be discussed 
further. The evidence of record does not establish this criterion. 
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. The proposed duties are described at a general level that does not establish specific 
work that the beneficiary would perform and how actual performance of that work would require the 
application of knowledge associated with the attainment of at least a bachelor's degree in a specific specialty. 
SRC 04 062 503 85 
Page 5 
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.