dismissed H-1B Case: Computer Sales

U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
FV~B~ ~l~z and Immigration 
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FILE: SRC 04 138 50248 Office: TEXAS SERVICE CENTER 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOl(a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 IOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in'your case. Ail materials have been returned 
to the office that originally decided your case. Any further inquiry mst be made to that office. 
d 
Robert P. Wiemann, Director 
Administrative Appeals Office 
SRC 04 138 50248 
Page 2 
DISCUSSION: The service center director denied the nonirmnigrant visa petition. The matter is now on 
appeal before the Administrative Appeals Office (AAO). The appeal wiH be dismissed. The petition will be 
denied. 
The petitioner is a computer systems manufacturer. It seeks to employ the beneficiary as a sales 
representative and to classify him as a nonimmigrant worker in a specialty occupation pursuant to section 
101 (a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 I01 (a)(lS)(H)(i)(b). 
The director denied the petition on the ground that the proffered position does not qualify as a specialty 
occupation. 
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. 
As provided in 8 C.F.R. 5 214.2(h)(d)(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) Fonn 1-129 and supporting documentation; (2) the 
director's request for evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's decision; 
and (5) the appeal on Form I-290B. The AAO reviewed the record in its entirety before issuing its 
decision. 
SRC 04 138 50248 
Page 3 
The petitioner is a subsidiary of Dell, Inc. (formerly Dell Computer Corporation), a leading manufacturer, 
marketer, and distributor of computers. On Form 1-129 and an accompanying letter the petitioner stated 
that it sought the beneficiary's services as a sales representative to "[wlork with home and smaillmediurn 
business customers to price, quote. negotiate, provide technical product information and provide overall 
support on an ongoing basis via the telephone." The petitioner indicated that the beneficiary was 
qualified for the position by virtue of his master of business administration (M.B.A.) from Baylor 
University in Waco, Texas. A resume submitted with the petition lists three educational degrees for the 
beneficiary - including a bachelor of science in computer science in December 1997 from C.A.E.C.E. 
University in Argentina, a master in marketing in March 2001 from Belgrano University in Argentina, 
and an M.B.A. from Baylor University in May 2003 - though the record contains no documentary 
evidence of those degrees aside from an incomplete transcript from Baylor University. 
The director found that the proffered position did not qualify as a specialty occupation under the Act. The 
director determined that the evidence of record failed to demonstrate that a baccalaureate degree in a 
specific job-related field of study was required to perform the duties of the job. 
On appeal counsel reiterates the petitioner's contention that the proffered position is a specialty 
occupation, and describes the job duties in greater detail: 
The individual in this position is responsible for selling the company's products and 
services by creating a relationship with small business clients in Latin America (95%) 
and the English[-speaking] Caribbean (5%). The position is fully bilingual 
SpanisWEnglish and some Portuguese will be helpful. The position is required to close 
sales and take orders . . . andlor fulfill a contract/corporate performance agreement. The 
position provides technical and administrative information and quote[s] prices, . . . must 
maintain up-to-date knowledge of the industry . . . and prepare activity and forecast 
reports as requested . . . . Knowledge of the cultural differences from country to country 
as well as the different language dialects is a must. The representative must establish 
customer relationships with appropriate customer personnel such as purchasing, 
management . . . technical ability, training and knowledge of all Dell branded products as 
well as the hardware and software industry are required. The representative must 
maintain and report on sales activities such as lost sales and leasing to identify 
buyerlbuying influences and . . . to position the products. For these reasons the minimum 
requirement for the position is a B.S. in Information Technology. 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, 
CIS routinely consults the Department of Labor (D0L)'s Occupational Outlook Handbook (Handbook) 
as an authoritative source of information about the duties and educational requirements of particular 
occupations. Factors typically considered are whether the Handbook indicates a degree is required by the 
industry; 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 
1151, 1165 (D.Minn. 1999) (quoting Hird/Blaker Corp. v. Suva, 712 F.Supp. 1095, 1102 (S.D.N.Y. 
1989)). CIS also analyzes the specific duties and complexity of the position at issue, with the 
Handbook's occupational descriptions as a reference, as well as the petitioner's past hiring practices for 
the position. See Shanti, Inc. v. Reno, id., at 1165-66. 
SRC 04 138 50248 
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Based on the petitioner's description of the duties of the proffered position, the AAO determines that the 
job is a combination of two occupations described in the Handbook: a sales representative and a computer 
support specialist. Sales representatives are described in the Handbook, 2004-05 edition, at 412: 
Sales representatives['] . . . primary duties are to interest wholesale and retail buyers and 
purchasing agents in their merchandise, and to address any of the client's questions or 
concerns . . . . Sales representatives also advise clients on methods to reduce costs, use 
their products, and increase sales. They market their company's products to 
manufacturers, wholesale and retail establishments, construction contractors, 
government agencies, and other institutions . . . . 
Sales representatives spend much of their time traveling to and visiting with prospective 
buyers and current clients. During a sales call, they discuss the client's needs and 
suggest how their merchandise or services can meet those needs . . . . Sales 
representatives may help install new equipment and train employees. They also take 
orders and resolve any problems with or complaints about the merchandise . . . . 
Sales representatives have several duties beyond selling products. They also analyze 
sales statistics; prepare reports; and handle administrative duties . . . . They study 
literature about new and existing products and monitor the sales, prices, and products of 
their competitors. 
Computer support specialists are described in the Handbook, id, at 103: 
Computer support specialists provide technical assistance, support, and advice to 
custolners and other users. This occupational group includes technical support 
specialists and help-desk technicians. These troubleshooters interpret problems and 
provide technical support for hardware, software, and systems. They answer telephone 
calls, analyze problems, and resolve recurrent difficulties. 
As for the educational requirements of the foregoing occupations, the Handbook states as follows with 
respect to sales representatives: 
The background needed for sales jobs varies by product line and market. Many 
employers hire individuals with previous sales experience who do not have a college 
degree, but often prefer those with some college education. Increasingly employers 
prefer or require a bachelor's degree as the job requirements have become more technical 
and analytical. ~everthelkss, for some consumer products, factors such as sales ability, 
personality, and familiarity with brands are more important than educational background. 
On the other hand, firms selling complex, technical products may require a technical 
degree in addition to some sales experience . . . . 
Id., at 413. With respect to computer support specialists, the Handbook states the following: 
SRC 04 138 50248 
Page 5 
Due to the wide range of skills required, there are many paths of entry to a job as a 
computer support specialist . . . . While there is no universally accepted way to prepare 
for a job as a computer suppo~t specialist, many employers prefer to hire persons with 
some formal college education. A bachelor's degree in computer science or infonnation 
systems is a prerequisite for some jobs; however, other jobs may require only a 
computer-related associate degree . . . . 
Many companies are becoming more flexible about requiring a college degree for support 
positions because of the explosive demand for specialists. However, certification and 
practical experience demonstrating these skills will be essential for applicants without a 
degree. Completion of a certification training program, offered by a variety of vendors 
and product makers, may help some people to qualify for entry-level positions. Relevant 
computer experience may substitute for formal education. 
Id. at 104. Based on the foregoing information, the AAO concludes that a baccalaureate degree in a 
specific specialty is not the nonnal minimum requirement for entry into a position as either a sales 
representative or a computer support specialist. Accordingly, the proffered position dms not meet the first 
alternative criterion of a specialty occupation at 8 C.F.R. 5 214.2 (h)(4)(iii)(A)(I). 
With respect to the second alternative criterion of a specialty occupation, at 8 C.F.R. 214.2 
(h)(4)(iii)(A)(2), there is no evidence in the record that the requirement of a baccalaureate or higher 
degree in information technology or a related specialty is common to the petitioner's industry in parallel 
positions among similar organizations. Nor does the record show that the proffered position is so 
complex or unique that it can only be performed by an individual with a baccalaureate or higher degree in 
information technology or a related specialty. Accordingly, the proffered position does not qualify as a 
specialty occupation under either prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
The petitioner has submitted no evidence showing that it "normally requires a degree or its equivalent for 
the position," as required for the position to meet the third alternative criterion of a specialty occupation 
at 8 C.F.R. 5 214.2 (h)(4)(iii)(A)(3). 
Lastly, the record does not establish that the duties of the proffered position are so specialized and 
complex that the knowledge required to perform them is usually associated with a baccalaureate or higher 
degree in infonnation technology or a related specialty. Accordingly, the proffered position does not 
meet the fourth alternative criterion of a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). 
For the reasons discussed above, the proffered position does not qualify as a specialty occupation under 
any of the criteria enumerated at 8 C.F.R. 5 214.2(h)(4)(iii)(A). The petitioner has not established that the 
beneficiary wiH be coming temporarily to the United States to perform services in a specialty occupation, 
as required under section 101 (a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 3 1 10 l(a)( lS)(H)(i)(b). 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision 
denying the petition. 
ORDER: The appeal is dismissed. The petition is denied.