dismissed H-1B Case: Education

identifying data deleted to 
prevent clezr l y unwarranted 
invasion of personal priv 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 191 5 1054 Office: CALIFORNIA SERVICE CENTER Date: A@ 1 8 2006 
fN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 
WAC 04 191 51054 
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 preschool that seeks to employ the beneficiary as a preschool teacher. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
8 10 l(a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 l(a)(l S)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, the 
petitioner submits a letter. 
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. 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. 8 214.2(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 denial letter; and (3) 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 preschool teacher. Evidence of the beneficiary's 
duties includes the 1-129 petition and the petitioner's June 8, 2004 letter in support of the petition. According 
to this evidence, the beneficiary would perform duties that entail: planning, supervising, and implementing 
the program for the class in accordance with the policies and philosophy of the school; and gearing the 
WAC 04 191 51054 
Page 3 
program to the needs of the individual children. The petitioner indicated that a qualified candidate for the job 
would possess professional preparation as a teacher of young children. 
The director found that the proffered preschool teacher position was not a specialty occupation. 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. 5 214.2(h)(4)(iii)(A). 
On appeal, the petitioner's executive director and director state, in part, that the beneficiary holds various 
certifications to work with children. They state further that many of the petitioner's teachers hold a bachelor's 
degree and all staff are encouraged to further their education. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. 9 214,2(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. § 214.2(h)(4)(iii)(A)(l) 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 
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 1 15 1, 1 165 (D. 
Minn. 1999)(quoting HirdBlaker Corp. v. Suva, 71 2 F. Supp. 1095,1102 (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 is a specialty 
occupation. No evidence in the Handbook, 2006-2007 edition, indicates that a baccalaureate or higher degree, or 
its equivalent, is required for a private preschool teacher. Furthermore, the record contains no evidence that the 
State of California requires private preschool teachers to hold a baccalaureate degree or its equivalent. Moreover, 
the record contains no evidence in support of the petitioner's claim that it has 20 employees and a gross annual 
income of $700,000, such as quarterly wage reports and federal income tax returns. Simply going on record 
without supporting documentary evidence is not sufficient for the purpose of meeting the burden of proof in 
these proceedings. Matter of Sof$ci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
The record does not include any evidence regarding parallel positions in the petitioner's industry. 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. As indicated in 
the earlier discussion about the Handbook's information, to the extent that it is depicted in the record, the 
proffered position does not appear unique from or more complex than preschool teacher positions that do not 
normally require at least a baccalaureate degree, or the equivalent, in a specific specialty. 
The petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) or (2). 
WAC 04 191 51054 
Page 4 
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. On appeal, the petitioner's executive director and director state that 
many of the petitioner's teachers hold a bachelor's degree and all staff are encouraged to further their 
education. This information does not indicate that a baccalaureate degree in a specific specialty is normally 
required for the proffered position. Further, the record does not contain any evidence of the petitioner's past 
hiring practices and, therefore, the petitioner has not met its burden of proof in this regard. Going on record 
without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings. Matter of Sof$ci, 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 foregoing, the petitioner has not established 
the criterion set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(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. As described, the proposed duties appear no more specialized and complex than those 
general duties which the Handbook attributes to the general occupational category of preschool teachers, for 
which the Handbook does not indicate a normal requirement for usual association with at least a bachelor's 
degree in a specific specialty. Therefore, the evidence does not establish that the proffered position is a 
specialty occupation under 8 C.F.R. 5 214.2(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. 
Beyond the decision of the director, the credentials evaluation does not indicate that the beneficiary holds a 
bachelor's degree. Thus, the record does not establish that the beneficiary is qualified to perform the services of a 
specialty occupation. For this additional reason, the petition may not be approved. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. fj 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.