dismissed H-1B Case: Bookselling

identifying data deleted to 
prevent clearly unvymantcd 
iavtl~ionofpaswalprivacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 232 50820 Office: CALIFORNIA SERVICE CENTER Date: APR 0 3 200~ 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section I0 1 (a)( 1 S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 I Ol(a)(lS)(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. 
f Robert P. Wiemann, 
WAC 04 232 50820 
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 a remainder bookseller that seeks to employ the beneficiary as a purchasing agent and to 
classify him as a nonimmigrant worker in a specialty occupation pursuant to section 10 1 (a)( 1 5)(H)(i)(b) 
of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition on the grounds that the petitioner failed to establish that the proposed 
position meets the definition of specialty occupation at 8 C.F.R. 9 214.2(h)(4)(iii)(A). On appeal, the 
petitioner submits a letter and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 9 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. 
9 214.2(h)(4)(iii)(A) to mean not just any bachelor's or higher degree, but one in a specific field of study 
that is directly related to the proposed position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) 
the director's request for additional evidence (WE); (3) the petitioner's response to the WE; (4) the 
director's denial letter; and (5) the Form I-290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner seeks the beneficiary's services as a purchasing agent. Evidence of the beneficiary's duties 
includes Form 1-129 with attachments and the petitioner's response to the RFE. According to this 
WAC 04 232 50820 
Page 3 
evidence, the beneficiary's duties would include: 
 assisting in activities involved with selecting and 
procuring remainder books in religious, business, and specialty titles for distribution in the retail and 
wholesale book sales market; assisting in assessing the value and selection of remainder publications for 
purchase by communicating, in person or in writing, with book publishers and buying their remainder 
books for sales in large retail and wholesale U.S. and international book sales markets; examining and 
evaluating all publisher remainder lists; calculating profit margins and other financial formulas, and under 
close supervision apply them to the prices the petitioner pays for publisher's remainder books; 
participating in all available publisher bid lists and offerings, calculating correct purchase prices, which 
are in line with the petitioner's specific profit margins and also the marketability of a specific remainder 
book title; searching database records to find previous bids and purchase successes, and under close 
supervision relating and adjusting current bids to reflect these; looking up remainder book ISBN numbers 
on the Internet; under close supervision bidding on publisher's remainder lists, and negotiating prices for 
remainder book purchases with publishers; under close supervision, negotiating payment terms for 
remainder book purchases with publishers; making payments for remainder book inventory received, 
including the wiring of funds to publishers for advance payments; maintaining a weekly and monthly 
schedule for publishers' remainder bid offerings and lists; referring to this schedule frequently and under 
close supervision bidding on the appropriate remainder books on their specific ending dates; under close 
supervision constructing and maintaining a purchasing budget, and relating that budget to a monthly 
purchasing plan; discussing the topics of remainder book titles available for purchase with both publishers 
and customers; research publishing companies for any negative business histories; separating trustworthy 
and positive publishers from publishers with which the petitioner has had negative experiences in the 
past; under close supervision, applying this information to both the monthly purchasing plan and also to 
the petitioner's database of records; maintaining a database, which includes purchasing records, previous 
prices paid for rem'ainder books, frequency of purchases with publishers, transaction successes and 
problems, contact names and communication methods; recording any problems that have occurred with 
publishers in previous purchases, so that these can be noted and avoided in any future business dealings; 
estimating remainder book market demand for certain titles, and applying that level of demand to a 
purchasing strategy; researching remainder market trends and current customer demands; talking to retail 
chain and wholesale clients to find out what kinds of remainder books are currently popular and in 
demand, and under close supervision adjusting purchasing plan accordingly. The petitioner stated that it 
required the applicants for the buyer position to have a bachelor's degree in business administration. 
The director agreed with the petitioner that the duties reflected those normally performed by purchasing 
managers, buyers, and/or purchasing agents. The director referred to the Handbook, which indicated that 
there is no requirement of a bachelor's or higher degree in a specialized area for employment for these 
positions. The director determined that the proposed duties and stated level of responsibility failed to 
establish that the position met any of the required criteria for classification as a specialty occupation. 
On appeal, the petitioner asserts that position cannot be filled by anyone with less than a bachelor's 
I 
1s required for the position. 
Upon review of the record, the AAO concludes that the petitioner has failed to establish that a purchasing 
agentlbuyer position meets any of the four criteria outlined in 8 C.F.R. §214.2(h)(4)(iii)(A). Therefore, 
the proposed position is not a specialty occupation. 
To determine whether or not a position qualifies as a specialty occupation, CIS looks beyond the title of 
the position and determines, from a review of the duties of the position and any supporting evidence, 
WAC 04 232 50820 
Page 4 
whether the position actually requires the theoretical and practical application of a body of highly 
specialized knowledge and the attainment of a bachelor's degree in a specific field of study as the 
minimum for entry into the occupation as required by the Act. 
The AAO routinely consults the Handbook for its information about the duties of particular occupations. 
Based on the petitioner's description and a thorough review of the Handbook, the AAO agrees with the 
director and the petitioner that the duties of the proposed position most resemble those of a buyer for a 
remainder bookseller. The Handbook describes what buyers do in the following way: 
Purchasing specialists who buy finished goods for resale are employed by wholesale and 
retail establishments, where they commonly are known as buyers or merchandise 
managers. Wholesale and retail buyers are an integral part of a complex system of 
distribution and merchandising that caters to the vast array of consumer needs and 
desires. Wholesale buyers purchase goods directly from manufacturers or from other 
wholesale firms for resale to retail firms, commercial establishments, institutions, and 
other organizations. In retail firms, buyers purchase goods from wholesale firms or 
directly from manufacturers for resale to the public. Buyers largely determine which 
products their establishment will sell. Therefore, it is essential that they have the ability to 
predict what will appeal to consumers. They must constantly stay informed of the latest 
trends, because failure to do so could jeopardize profits and the reputation of their 
company. They keep track of inventories and sales levels through computer software that 
is linked to the store's cash registers. Buyers also follow ads in newspapers and other 
media to check competitors' sales activities, and they watch general economic conditions 
to anticipate consumer buying patterns. Buyers working for large and medium-sized 
firms usually specialize in acquiring one or two lines of merchandise, whereas buyers 
working for small stores may purchase the establishment's complete inventory. 
To determine whether the position is a specialty occupation, the AAO turns first to the criterion at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) - a bachelor's or higher degree is normally the minimum requirement for 
entry into the proposed position. The Handbook notes that educational requirements for retail buyer 
positions tend to vary with the size of the business: 
Qualified persons may begin as trainees, purchasing clerks, expediters, junior buyers, or 
assistant buyers. Retail and wholesale firms prefer to hire applicants who have a college 
degree and who are familiar with the merchandise they sell and with wholesaling and 
retailing practices. Some retail firms promote qualified employees to assistant buyer 
positions; others recruit and train college graduates as assistant buyers. Most employers 
use a combination of methods. 
Educational requirements tend to vary with the size of the organization. Large stores and 
distributors prefer applicants who have completed a bachelor's degree program with a 
business emphasis. Many manufacturing firms put yet a greater emphasis on formal 
training, preferring applicants with a bachelor's or master's degree in engineering, 
business, economics, or one of the applied sciences. A master's degree is essential for 
advancement to many top-level purchasing manager jobs. 
The Handbook indicates that jobs in this area do not require specific bachelor's degrees for entry into the 
field. Some employers prefer, but do not require, buyers to possess bachelor's degrees in business-related 
fields. The Handbook also notes that many employers fill buyer positions by promoting experienced staff 
WAC 04 232 50820 
Page 5 
or related personnel. As no specific course of study is required for entry into these occupations and those 
without specific bachelor's degrees can be promoted into the positions, the petitioner fails to establish that 
a bachelor's or higher degree in a specific field of study is the nonnal minimum requirement for entry into 
the proposed position. 1 
Further, the AAO finds that, due to the petitioner's degree requirement for the proposed position, the 
position does not qualify as a specialty occupation under the first criterion. The court in Matter of 
Michael Hertz Ass. found that a petitioner's mere requirement of a degree of generalized title, such as 
busiriess administration, without further specification, did not establish that a position has a specialized 
area of study. Here, the petitioner stated that it requires a bachelor's degree in business administration, a 
degree of generalized title, without indicating a specialization in the field. Thus, the proposed position 
cannot qualify as a specialty occupation under the first criterion at 8 C.F.R. tj 214.2(h)(4)(iii)(A). 
The AAO turns next to the first alternative prong of the second criterion at 8 C.F.R. 
tj 214.2(h)(4)(iii)(A)(Z) - the degree requirement is common to the industry in parallel positions among 
similar 'organizations. The petitioner asserts that similar booksellers in the remainder book industry require 
business-related bachelor's degrees for parallel buyer positions. To support this assertion, the petitioner 
submits, on appeal, a letter from a discount bookseller in Grand Rapids, Michigan, and two job 
ts - one from a discount bookseller in Rochester, New York, and another from the 
annnlnrrmrn 
Hardcover Fiction division of Borders Group. The Handbook indicates that there is no 
requirement for a business-related bachelor's degree for buyer positions and those 
requirements depend on the type of seller and the size of the company. The petitioner did not submit a letter 
from a national association, survey results, or other such documents to establish an industry-wide standard. 
The letter and two job announcements and are not sufficient to establish an industry-wide standard. Going 
on record without supporting documentation is not sufficient to meet the burden of proof in these 
proceedings. See Matter of Soffici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft 
of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Further, the buyer position at 
b 
distinct from the proposed position. 
position would require the job 
 books at their original retail price in 
Hardcover Fiction and Literature. The beneficiary in the instant case would bu remainder books with a 
focus on a handful of specialized subjects, including business and religion 
Y er oo se er with a national three 
employees. Moreover, the the proposition that the 
bookselling industry, remain bachelor's degree for its buyer 
positions. The refers a business-related degree, but does not 
study. The announcement does 
not establish that a bachelor's degree in a specialty is common to the industry in parallel positions among 
similar organizations. 
n Grand Rapids, Michigan, mentions a book buyer position that migh 
. . 
 Fosition by a bookseller more similar to the petitioner than 
but this document is not sufficient to establish an industry-wide business-degree requir 
proposed position. 
The job announcement from the New York bookseller indicates that a wide-range of bachelor's degrees, 
not just degrees in business-related fields will suffice for its buyer position. The announcement states that 
job applicants can possess bachelor's degrees in English, liberal arts, or business. This announcement 
does not list the duties of the position in order to compare them with the duties of the proposed position. 
WAC 04 232 50820 
Page 6 
In addition, the New York job announcement is unsupported by the documentary evidence necessary to 
establish that the advertised position is parallel to the proposed position. 
A petitioner may also establish that its proposed position is a specialty occupation if it satisfies the 
criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(3) - the employer normally requires a degree in a specific 
specialty or its equivalent for the position. To determine whether a petitioner has established this criterion, 
the AAO generally reviews the petitioner's past employment practices, including the histories of those 
employees who previously held the position, as well as their names, dates of employment, and copies of 
their diplomas. In the instant case, the petitioner has submitted no evidence to establish its normal hiring 
practices for the proposed position. The petitioner mentions that this is not a new position and that, in the 
past, the position was held by two current employees, but does not submit copies of their degrees. The 
petitioner has not provided any proof that individuals in this position have possessed bachelor's degrees in a 
business-related field. Going on record without supporting documentation is not sufficient to meet the 
burden of proof in these proceedings. See Matter of Sof$ci. In the absence of an employment history for 
the proposed position, the petitioner failed to establish that the position qualifies as a specialty occupation 
under the criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criteria related to the complexity, uniqueness, or specialized nature of the 
proposed position. A petitioner satisfies the second alternative prong of the second criterion at 8 C.F.R. 
9 214.2(h)(4)(iii)(A)(2) if it establishes that a particular position is so complex or unique that it can be 
performed only by an individual with a bachelor's degree in a specific field of study. The criterion at 
8 C.F.R. tj 214.2(h)(4)(iii)(A)(4) requires a petitioner to establish that the nature of the specific duties is so 
specialized and complex that the knowledge required to perform the duties is usually associated with the 
attainment of a bachelor's or higher degree in a specific field of study. The petitioner did not establish that 
the proposed position is so complex or unique that only an individual with a bachelor's degree in a 
business-related field can perform it. To the extent that the petitioner depicts them in the record, the 
duties do not appear so specialized and complex as to require the highly specialized knowledge usually 
associated with a bachelor's or higher degree, or its equivalent, in business or a related field. The duties, 
as described by the petitioner, appear to be the typical duties of a buyer, a position which the Handbook 
indicates does not require a bachelor's degree in a specific field and can be filled by a non-degreed 
individual who gets promoted from within based on experience. The petitioner asserts that, due to the 
complex nature of the proposed duties, it requires a minimum of a bachelor's degree in business 
administration. The petitioner's assertions are not supported by any document in the record and are not 
sufficient to meet the burden of proof in these proceedings. See Matter of Soflci. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
3 1361. The petitioner has failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.