dismissed H-1B Case: Electrical Engineering

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 03 154 50464 Office: CALIFORNIA SERVICE CENTER Date: 
SEP 11 6 28105 
IN RE: Petitioner: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)(l 5)(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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
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DISCUSSION: The director of the California Service Center denied the nonirnmigrant 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 operates a laundry and dry cleaning business and seeks to hire the beneficiary as an electrical 
engineer. The director denied the petition based on his determination that the petitioner had failed to establish 
that its proffered position was a specialty occupation. 
The record of proceeding before the AA0 contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for evidence; (3) counsel's response to the director's request for evidence; (3) the director's 
denial letter; and (4) Form I-290B, with counsel's brief. The AAO reviewed the record in its entirety before 
reaching its decision. 
The issue before the AAO is whether the proffered position qualifies as a specialty occupation. To meet its 
burden of proof in this regard, a petitioner must establish that the job it is offering to the beneficiary meets the 
following statutory and regulatory requirements. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1184(i)(l) defines the term 
"specialty occupation" as one 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. fj 214.2(h)(4)(ii) as: 
An 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; 
(3) The employer normally requires a degree or its equivalent for the position; or 
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(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 above criteria to mean not just 
any baccalaureate or higher degree, but one in a specific specialty that is directly related to the proffered 
position. 
To determine whether a particular job qualifies as a specialty occupation, CIS does not simply rely on a 
position's title. The specific duties of the proffered position, combined with the nature of the petitioning 
entity's business operations, are factors to be considered. CIS must examine the ultimate employment of the 
alien, and determine whether the position qualifies as a specialty occupation. CJ: Defensor v. Meissner, 201 
F. 3d 384 (5th Cir. 2000). The critical element is not the title of the position nor an employer's self-imposed 
standards, but whether the position actually requires the theoretical and practical application of a body of 
highly specialized knowledge, and the attainment of a baccalaureate or higher degree in the specific specialty 
as the minimum for entry into the occupation, as required by the Act. 
The petitioner states that it is seeking the beneficiary's services as an electrical engineer. Evidence of the 
beneficiary's duties includes: the Form 1-129 and attachment; and the petitioner's response to the director's 
request for evidence. According to this evidence, the beneficiary would perform duties that entail performing 
electrical engineering and making repairs to Italian made, closed looped, dry to dry, dry cleaning machines 
and equipment; responsible for overall operations of these machines, including, but not limited to, 
maintenance, programming, programming design, re programming, repairs (mechanical and electrical, 
including electrical circuit design and analysis); shall be experienced in spotting methods, fabrics, dyes, 
spotting agents and handling of hazardous materials related to dry cleaning; and performing training and 
replacement. The petitioner did not indicate whether the position required a bachelor's degree. 
The director requested the petitioner to submit additional evidence that the proffered position qualifies as a 
specialty occupation, specifically a more detailed description of the work done, including job duties, and the 
percentage of time to be spent on each duty. The director requested an evaluation of the foreign education, 
the petitioner's organizational chart and copies of the petitioner's quarterly wage reports. 
In response, the petitioner provided the following job description: 
1. Operation, maintenance and control of dry cleaning facilities, including upgrade of 
process and equipment to meet new environmental requirements; 
2. Train and supervise personnel involved directly in dry cleaning process and 
equipment and assisting personnel with operations - be able to handle and work with 
chemicals and to receive operation licenses; supervising and selecting personnel to 
obtain training in fabric and dye process using dry cleaning machines; traveling from 
base in San Francisco to other existing branches of the company and new branches of 
the company already in plans to be established; and 
3. Conduct new classes and train selected personnel for spot removing positions. 
The petitioner explained that dry cleaning machines consist of numerous mechanical components and 
complex electrical electronic and computerized control systems; therefore an experienced individual is needed 
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to work with the equipment. The petitioner provided an organizational chart with the beneficiary in the 
position of master cleaner. The petitioner provided quarterly wage reports and an educational evaluation. 
In his denial, the director reviewed the proffered position's duties and referred to the Department of Labor's 
Occupational Outlook Handbook (the Handbook) and noted that the duties listed are those of an Industrial 
Machinery Installation, Repair, and Maintenance Worker. The director referenced the Handbook in 
discussing the training for Electrical and Electronics Engineers. The director noted that electrical and 
electronic engineers design, develop, test, and supervise the manufacture of electrical and electronics 
equipment rather than operate and maintain machinery as indicated by the duties described by the petitioner. 
The director found that the position did not meet any of the preceding criteria for classification as a specialty 
occupation. 
On appeal, counsel contends that the director overlooked several employment functions of the proffered position. 
Counsel contends, "these employment functions clearly meet the requirements for the type of work performed by 
electrical and electronic engineers." Counsel contends that because the director failed to list all of the duties of 
the proffered position, the director failed to properly evaluate the position. Counsel asserts that the duties go "far 
beyond the duties of an industrial machrnery installation, repair and maintenance worker as listed by the 
Handbook." 
The AAO recognizes the Handbook as an authoritative source on the duties and educational requirements of a 
wide variety of occupations, and, accordingly, considered the evidence of record in the light of the 2004-2005 
edition of the Handbook. Based on the record of proceeding, the AAO has determined that the proffered 
position is most similar to that of an industrial machinery installation, repair, and maintenance worker in the 
Handbook. The Handbook describes maintenance and repair workers in the following way: 
Industvial machinery mechanics, also called industrial machinery repairers or maintenance 
machinists, are highly shlled workers who maintain and repair machinery in a plant or 
factory. To do this effectively, they must be able to detect minor problems and correct them 
before they become major problems. For example, after hearing a vibration from a machine, 
the mechanic must decide whether it is due to worn belts, weak motor bearings, or some other 
problem. Computerized maintenance, vibration analysis techniques, and self-diagnostic 
systems are aiding in this task, but mechanics still need years of training and experience to 
perform effectively. 
After diagnosing the problem, the industrial machinery mechanic disassembles the equipment 
to repair or replace the necessary parts. When repairing electronically controlled machinery, 
mechanics may work closely with electronic repairers or electricians who maintain the 
machine's electronic parts. Increasingly, mechanics need electronic and computer slulls in 
order to repair sophisticated equipmen.t on their own. Once a repair is made, mechanics 
perform tests to ensure that the machine is running smoothly. 
Although repairing machines is the primary responsibility of industrial machinery mechanics, 
they also may perform preventive maintenance and install new machinery. For example, they 
adjust and calibrate automated manufacturing equipment, such as industrial robots. As plants 
retool and invest in new equipment, they increasingly rely on mechanics to properly situate 
and install the machinery. 
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Industrial machinery mechanics and machinery maintenance workers use a variety of tools to 
perform repairs and preventive maintenance. They may use a screwdriver and wrench to 
adjust a motor, or a hoist to lift a printing press off the ground. When replacements for broken 
or defective parts are not readily available, or when a machine must be quickly returned to 
production, mechanics may sketch a part to be fabricated by the plant's machine shop. 
Mechanics use catalogs to order replacement parts and often follow blueprints and 
engineering specifications to maintain and fix equipment. By keeping complete and up-to- 
date records, mechanics try to anticipate trouble and service equipment before factory 
production is interrupted. 
These duties are similar to the proffered position's duties of: making repairs to Italian made, closed looped, 
dry to dry, dry cleaning machines and equipment: responsible for overall operations of these machines, 
including, but not limited to, maintenance, programming, programming design, re-programming, repairs 
(mechanical and electrical, including electrical circuit design and analysis.) 
With respect to the educational qualifications required of industrial machine maintenance and repair workers, 
the Handbook states: 
Industrial machinery mechanics, on the other hand, often learn their trade through 4-year 
apprenticeship programs that combine classroom instruction with on-the-job-training. These 
programs usually are sponsored by a local trade union. Other mechanics start as helpers and 
learn the skills of the trade informally or by taking courses offered by machinery 
manufacturers and community colleges. 
Mechanics learn fiom experienced repairers how to operate, disassemble, repair, and 
assemble machinery. Classroom instruction focuses on subjects such as shop mathematics, 
blueprint reading, welding, electronics, and computer training. 
Consequently, there is insufficient evidence in the record to establish that a baccalaureate or higher degree or 
its equivalent in a specific specialty is the normal minimum requirement for entry into the electrical engineer 
position. 
The petitioner submitted no evidence to establish the second criterion - that a specific degree requirement is 
common to the industry in parallel positions among similar organizations. 
Again, the evidentiary record depicts the duties of the proffered position as an industrial machinery 
installation, repair and maintenance worker, an occupation that does not require a degree in a specific 
specialty. 
Nor is there evidence in the record to establish the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a specific degree or its equivalent for the position. 
The fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A) requires that the petitioner 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 baccalaureate or higher degree. The duties parallel those in the Handbook 
for an industrial machinery installation, repair and maintenance worker, an occupation that does not require a 
specific baccalaureate degree. Counsel asserts that specific duties "go far beyond the duties of Industrial 
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Machinery Installation, Repair and Maintenance Worker." Without documentary evidence to support the 
claim, the assertions of counsel will not satisfy the petitioner's burden of proof. The unsupported assertions of 
counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 (BIA 1988); Matter of 
Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). The 
petitioner specifically noted that the duties of the proffered position include training and supervising 
personnel involved directly in dry cleaning process and equipment and assisting personnel with operations; 
and conduct new classes and training selected personnel for spot removing positions. These are not the duties 
of an electrical engineer. To the extent they are described in the record, the duties of the position are not so 
specialized and complex that the knowledge required to perform them is usually associated with the 
attainment of a baccalaureate or higher degree. The petitioner therefore fails to establish the fourth criterion. 
Therefore, for the reasons related in the preceding discussion, 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. 
$ 136 1. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.