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: EAC 03 241 56122 Office: VERMONT SERVICE CENTER 
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 10 1 (a)(l S)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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 
EAC 03 241 56122 
Page 2 
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 specializes in the management of returned merchandise and seeks to extend the employment of 
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 AAO 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. 5 214.2(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. $ 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. Cf: 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 2-129 and the August 13, 2003 letter fkom the petitioner; and the 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perform duties that entail troubleshooting and servicing professional digital and analog medical equipment, 
security equipment, and audio and video equipment (60% of time); evaluating operational systems and 
recommending design modifications to eliminate causes of malfunctions or changes in system requirements 
(20% of time); using computer assisted engineering and designing software and equipment to perform 
engineering tasks (10% of time); and researching and testing electronic components, products and systems for 
digital and analog electronics equipment; designing electronic circuits, components and integrated systems 
(5% of time). In the initial petition, the petitioner indicated that the position requires a master's degree in 
electronic engineering. 
The director requested the petitioner to submit a detailed statement articulating the beneficiary's proposed 
duties and day-to-day responsibilities. The director requested the identification of which specific tasks 
require the expertise of someone who holds a baccalaureate degree and how the beneficiary's education 
relates to the position itself. The director requested information about other individuals in the petitioner's 
establishment who are currently employed in the position and how many individuals have obtained a 
bachelor's degree and documentary evidence to support the petitioner's claim. The director noted that she 
was unable to determine the type of business the petitioner operates and requested additional information such 
as a brochure describing its business, income tax returns or Form 941 quarterly tax returns. 
In response the petitioner provide a more detailed job description and indicated that the position requires a 
bachelor's degree or equivalent in electronics engineering. The petitioner submitted internet job postings 
from various companies for engineer positions. The petitioner provided a brochure which explained that it 
operates a merchandise return program for modification, repair, or refurbishment of equipment and 
appliances. The petitioner indicated that it worked with products such as broadcast editing systems, and small 
appliances and that medical and optical products are a specialty. The petitioner indicated on the Form 1-129 
that it was established in 1990, had 32 employees and had a gross annual income of $1.8 million. The 
petitioner submitted its tax return which indicated gross sales of $2 million with salaries or wages in the 
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amount of $38,720 and compensation of officers in the amount of $1 11,000. The petitioner indicated that the 
proffered position was a full-time position for an electronics engineer at $20,800 per year. 
The director determined that the proffered position was not a specialty occupation. The director found that 
the record did not establish that the preponderance of the proposed duties are so specialized or complex that 
knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or 
higher degree in a specific field of study. The director found that the beneficiary would spend the majority of 
his time servicing and troubleshooting which are the duties of a technician. The director noted that technicians 
do not normally require a baccalaureate degree in a specific field of study. 
In his denial, the director reviewed the record and noted that although the petitioner has been in business since 
1990, it has not established that it has a history of employing individuals with a baccalaureate degree in a 
specific field of study for the proposed position. The director noted that the record includes an 
acknowledgement that the beneficiary is the only individual employed with the stated position duties. The 
director found that the submitted internet job postings do not relate to organizations within the same industry. 
The director concluded that the record does not establish that the job offered qualifies as a specialty 
occupation as defined above. 
On appeal, the petitioner contends that the job title is electronics engineer and refers to an SVP rating of 8 in 
support of its contentions. The petitioner restates the job duties of the proffered position and submits a letter from 
a supervisor with Panasonic Service Support Company. The author of the Ietter opines that the beneficiary has 
expertise in handling its products. 
The AAO recognizes the Department of Labor's Occupational Outlook Handbook (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. The 
petitioner refers to an SVP rating found in the Department of Labor's Dictionary of Occupational Titles (Don. 
The petitioner asserts that the DOT shows that a bachelor's degree would be required for the proffered 
position. However, the DOT is not a persuasive source of information regarding whether a particular job 
requires the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent, as a 
minimum for entry into the occupation. The DOL has replaced the DOT with the Occupational Information 
Network (O*Net). Both the DOT and O*Net provide only general information regarding the tasks and work 
activities associated with a particular occupation, as well as the education, training, and experience required to 
perform the duties of that occupation. The DOL's Handbook provides a more comprehensive description of 
the nature of a particular occupation and the education, training, and experience normally required to enter 
into and advance within the occupation. For this reason, CIS is not persuaded by a claim that the proffered 
position is a specialty occupation simply because it has a specific SVP rating in the DOT. 
Based on the record of proceeding, the AAO has determined that the proffered position is not an electronics 
engineer. The Handbook indicates that electrical and electronic engineers design, develop, test, and supervise 
the manufacture of electrical and electronics equipment rather than troubleshoot and service equipment as 
indicated by the duties described by the petitioner. The AAO finds that the proffered position is most similar 
to that of an electrical and electronics repairer in the Handbook. The Handbook describes electrical and 
electronic repairers in the following way: 
Businesses and other organizations depend on complex electronic equipment for a variety of 
functions. These complex pieces of electronic equipment are installed, maintained, and 
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repaired by electrical and electronics installers and repairers. Electrical equipment and 
electronic equipment are two distinct types of industrial equipment, although much 
equipment contains both electrical and electronic components. In general, electrical portions 
provide the power for the equipment, while electronic components control the device, 
although many types of equipment still are controlled with electrical devices. . . . . Automated 
electronic control systems are increasing in complexity, making diagnosis more challenging. 
Repairers use software programs and testing equipment to diagnose malfunctions. Among 
their diagnostic tools are multimeters, which measure voltage, current, and resistance; and 
advanced multimeters, which measure capacitance, inductance, and current gain of 
transistors. . . . . . Electrical and electronics installers often fit older manufacturing equipment 
with new automated control devices. Older manufacturing machines are frequently in good 
working order, but are limited by inefficient control systems for which replacement parts are 
no longer available. 
These duties are similar to the proffered position's duties of: troubleshooting and servicing professional 
digital and analog medical equipment, security equipment, and audio and video equipment; and using 
computer assisted engineering and design software and equipment to perform engineering tasks. 
With respect to the educational qualifications of electrical and electronics installers and repairers, the 
Handbook states: 
Knowledge of electrical equipment and electronics is necessary for employment. Many 
applicants gain this knowledge through programs lasting 1 to 2 years at vocational schools or 
community colleges, although some less skilled repairers may have only a high school 
diploma. Experienced repairers with advanced training may become specialists or 
troubleshooters who help other repairers diagnose difficult problems. 
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 insufficient evidence to establish the second criterion - that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. As noted by the 
director, the submitted internet job postings do not relate to organizations within the same industry. For 
example, one posting was for an electronics engineer with BE Aerospace, and a second posting was for an 
electronics/machine control engineer with SSG Precision Optronics worlung in the optics manufacturing 
business. Consequently, the postings fail to establish that there is a specific baccalaureate degree that is a 
common industry-wide requirement. 
Again, the evidentiary record depicts the duties of the proffered position as those of electrical and electronics 
installers and repairers, occupations that do 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. $ 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. $ 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 
EAC 03 241 56122 
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associated with the attainment of a baccalaureate or higher degree. The duties parallel those in the Handbook 
for electrical and electronics installers and repairers. The petitioner has not established that the duties are 
more specialized and complex than what is normally encountered in the field. 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. 
The AAO notes CIS has already determined that the proffered position is a specialty occupation since CIS has 
approved other, similar petitions in the past. This record of proceeding does not, however, contain all of the 
supporting evidence submitted to the service center in the prior case. In the absence of all of the 
corroborating evidence contained in that record of proceeding, the documents submitted by counsel are not 
sufficient to enabIe the AAO to determine whether the position offered in the prior case was similar to the 
position in the instant petition. 
Each nonimmigrant petition is a separate proceeding with a separate record. See 8 C.F.R. 5 103.8(d). In 
making a determination of statutory eligibility, CIS is limited to the information contained in the record of 
proceeding. See 8 C.F.R. 5 103.2(b)(16)(ii). Although the AAO may attempt to hypothesize as to whether the 
prior case was similar to the proffered position or was approved in error, no such determination may be made 
without review of the original record in its entirety. If the prior petition was approved based on evidence that 
was substantially similar to the evidence contained in this record of proceeding, however, the approval of the 
prior petition would have been erroneous. Citizenship and Immigration Services (CIS) is not required to 
approve petitions where eligibility has not been demonstrated, merely because of prior approvals that may 
have been erroneous. See, e.g., Matter of Church Scientology International, 19 I&N Dec. 593, 597 (Comm. 
1988). Neither CIS nor any other agency must treat acknowledged errors as binding precedent. Sussex Engg. 
Ltd. v. Montgomery 825 F.2d 1084, 1090 (6th Cir. 1987), cert denied, 485 U.S. 1008 (1988). 
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. 
5 136 1. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.