dismissed H-1B Case: E-Commerce

idenwing data deleted to 
. prevent clearly unwarranted 
'nvriar ofpemaal pdvwy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: LIN 03 200 5 1362 Office: NEBRASKA SERVICE CENTER Date: JUM 0 1 206 
PETITION: Petition for a Nonimmigrant Worker F'ursuant to Section 101 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 101 (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. 
Wdministrative Appeals Office 
LIN 03 200 5 1362 
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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 start-up company intending to engage in e-commerce project development. It seeks to employ 
the beneficiary as an e-commerce research analyst. The petitioner endeavors to classify the beneficiary as a 
nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(l S)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(l S)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal counsel submits a brief stating that the offered position qualifies as a specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section lOl(a)(l5)(H)(i)(b) of the Act, 8 U.S.C. 4 1 101(a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a 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; 
LIN 03 200 51362 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are 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. 
!j 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) the 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) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an e-commerce research analyst. Evidence of the 
beneficiary's duties includes the Form 1-129 petition with attachment and the petitioner's response to the 
director's request for evidence. According to this evidence the beneficiary would: 
Research market conditions and analyze sales potential for the petitioner's e-commerce 
services and products; 
Research and analyze information on market prices, sales trends, and marketing patterns of 
competitors, charting product or service trends in the e-commerce market; 
Design Internet-based surveys to gather data on demographics, psychographics, and buying 
habits and develop buyerluser profiles; 
Use the data obtained fiom research to develop an Internet-based marketing campaign for the 
petitioner's e-commerce projects, targeting specific consumers based on the analysis of 
survey data. 
The petitioner requires a technically advanced marketing degree, such as Internet Marketing or e-commerce 
for entry into the proffered position. 
Upon review of the record, the petitioner has failed to establish that the proffered position qualifies as a 
specialty occupation. The AAO routinely consults the U.S. Department of Labor's Occupational Outlook 
Handbook (Handbook) for information about the duties and educational requirements of particular 
occupations. The duties of the proffered position are presented in such general terms, however, that it is 
impossible to determine precisely what tasks the beneficiary would perform on a daily basis, or the 
complexity of the tasks to be performed. For example, the petitioner indicates that the beneficiary would: 
research and analyze information on market prices, sales trends, and marketing patterns of competitors, 
charting product or service trends in the e-commerce market; design Internet-based surveys to gather data on 
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demographics, psychographics, and buying habits and develop buyerluser profiles; and use data gathered to 
develop an Internet-based marketing campaign for the petitioner's projects. The record does not indicate the 
nature and extent of any market research to be conducted, nor state specifically how that research will be 
conducted except to say that Internet surveys would be performed. Although the petitioner states that Internet 
surveys would be conducted to gather data on demographics, psychographics, and buying habits and develop 
buyerluser profiles, it does not indicate who would be targeted for such surveys or how the beneficiary would 
identify anyone to be surveyed. The record is silent as to the nature and extent of any marketing campaign to 
be developed for any of the petitioner's projects, or to whom any marketing campaign would be directed. The 
generalized job description provided by the petitioner attempts to define the range of duties that may be 
performed by the beneficiary within the occupation offered, but cannot be relied upon by a petitioner when 
discussing the duties attached to specific employment. In order to meet its burden of proof in these 
proceedings, the petitioner must identify specifically the precise tasks to be performed by the beneficiary so 
that an analysis of the duties to be performed may be conducted to determine the complexity of the duties and 
whether the performance of those duties requires the theoretical and practical application of a body of highly 
specialized knowledge. This, the petitioner has failed to do. As such, it is impossible to determine whether: 
a baccalaureate or higher degree is normally the minimum requirement for entry into the offered position; a 
degree requirement is common to the industry in parallel positions among similar organizations; the duties of 
the offered position are so complex or unique that they can be performed only by an individual with a degree 
in a specific specialty; or that the knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty. The petitioner has failed to establish 
that the offered position meets the requirements of 8 C.F.R. §§ 214.2(h)(4)(iii)(A)(I), (2), or (4). 
The petitioner does not assert that it normally requires a degree in a specific specialty for the offered position 
as the position is new with the company. The beneficiary would be the first employee hired by the petitioner. 
The petitioner has not established the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
As previously stated, Section 101 (a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 101 (a)(15)(H)(i)(b), provides, in 
part, for the classification of qualified nonimmigrant aliens who are coming temporarily to the United States 
to perform services in a specialty occupation. The petitioner provided evidence that it has an employer 
identification number, that it has applied for a line of credit with a bank, that it has submitted an application 
with the U.S. Patent and Trademark Office for use of a trade name, and that it has applied for an assumed 
business name in the State of Illinois. The record does not establish, however, that the petitioner has actually 
obtained bank financing to conduct business, has completed the publication requirements for using its 
proposed business name as required by Illinois law, or that it is actually legally able to conduct business 
operations as stated. As such, the petitioner has not established that the beneficiary would be coming to the 
United States to work in a specialty occupation. Simply going on the record without supporting documentary 
evidence is not sufficient for the purpose of meeting the burden of proof in these proceedings. See Matter of 
SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N 190 
(Reg. Cornm. 1972)). For these additional reasons, the petition may not be approved. 
The proffered position does not meet any of the requirements of 8 C.F.R. 5 214,2(h)(4)(iii)(A), nor has the 
petitioner established that the beneficiary would be coming to the United States to work in a specialty 
occupation. Accordingly, the director's denial of the Form 1-129 petition shall not be disturbed. 
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The buden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 8 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.