dismissed H-1B Case: Automotive Repair

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U.S. Department of Homelantd Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: SRC 03 244 50536 Office: TEXAS SERVICE CENTER Date: SEP 10 ?noi 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)( 1 S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 10l(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrat'ive 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 
SRC 03 244 50536 
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 auto electrical repair business that seeks to extend its authorization to employ the 
beneficiary as an auto electrical technician. The petitioner endeavors to classifj/ the beneficiary as a 
nonimmigrant worker in a specialty occupation pursuant to § lOl(a)(lS)(H)(i)(b) of the Immigriition and 
Nationality Act (the Act), 8 U.S.C. 1101(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, the 
petitioner submits a letter and copies of previously submitted evidence pertaining to the beneficiary's 
qualifications. 
Section 214(i)(l) of the Act, 8 U.S.C. $ 11 84(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. 
214.2(h)(4)(iii)(A) to mean not just any baccalaureate or higher degree, but one in a specific speciality 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. 
SRC 03 244 50536 
Page 3 
The petitioner is seeking the beneficiary's services as an auto electrical technician. Evidence of the 
beneficiary's duties includes the 1-129 petition and the petitioner's response to the director's request for 
evidence. According to this evidence, the beneficiary would perform duties that entail: diagnosing and 
repairing auto, truck, and marine electrical systems, and wiring short circuits on board computer syslems. The 
petitioner indicated that, although a baccalaureate degree is not normally required, the proffered position does 
require years of expertise and training. 
The director found that the proffered position was not a specialty occupation because the proposed duties are 
not so complex as to require a baccalaureate degree. The director found further that the petitioner failed to 
establish any of the criteria found at 8 C.F.R. 9 214.2(h)(4)(iii)(A). 
On appeal, the petitioner states, in part, that the proffered position requires years of experience and training. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
tj 2 14.2(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. 3 214.2(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 Department of Labor's 
Occupational Outlook Handbook (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 en~ploy and recruit only degreed individuals." 
See Shanti, Inc. v. Reno, 36 F. Supp. 2d 11 5 1, 1 165 (D. Minn. 1999)(quoting Hird/Blaker Corp. v. Suva, 712 F. 
Supp. 1095, 1 I 02 (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 the petitioner that the proffered position, which is similar 
to that of an automotive service technician and mechanic, is a specialty occupation. No evidence in the 
Handbook, 2004-2005 edition, indicates that a baccalaureate or higher degree, or its equivalent, is requirled for an 
automotive service technician and mechanic job. 
The record does not include any evidence regarding parallel positions in the petitioner's industry. The record 
also 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. tj 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. As the petitioner does not address this issue on appeal, it will not be 
discussed further. 
Finally, the AAO turns to the criterion at 8 C.F.R. fj 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. 
SRC 03 244 50536 
Page 4 
To the extent that they are depicted in the record, the duties do not appear so specialized and comlplex 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. tj 214.2(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. § 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.