dismissed H-1B Case: Entertainment Production

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
identifying data deleted to 
prevenl . .j wwarranted 
invasion of personal privacy 
U. S. Citizenship 
and Immigration 
PUBLIC CW Y 
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s." 44, 
FILE: WAC 04 026 50559 Office: CALIFORNIA SERVICE CENTER Date: AUG 2 5 
IN RE: 
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. $ 1 101(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, Chief 
Administrative Appeals Office 
WAC 04 026 50559 
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 music and entertainment production, management, and distribution business that seeks to 
employ the beneficiary as a program director. The petitioner endeavors to classify the beneficiary as a 
nonimmigrant worker in a specialty occupation pursuant to 5 10 l (a)(] 5)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 8 1 101 (a)(] 5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. $ 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. 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 
(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) 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) 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 program director. Evidence of the beneficiary's duties 
includes: the 1-129 petition; the petitioner's October 30, 2003 letter in support of the petition; and the 
WAC 04 026 50559 
Page 3 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
perform duties that entail: researching, studying, and analyzing current popular television programs and 
shows in the United States; directing and coordinating staff activities in producing and directing music videos 
and television shows for clients; evaluating and analyzing length, content, adaptability, appeal, and 
requirements of music videos and television shows; reviewing and editing music videos and television shows 
to ensure conformity to quality and broadcast standards; conferring and working with management and 
production staff in matters relating to production and casting problems, budgetary constraints, production 
schedule and deadline, and appeal of commercials; conducting market research and opinion polls in Japan to 
determine viewing audience preferences and taste in music, television programs, and shows; creating or 
coordinating the creation of new music videos and television programs/shows for Japanese television; 
planning and scheduling the production of music videos and television shows taking into consideration 
production time, budget, and quality; directing the setup and installation of remote facilities or production 
sites for shooting music videos and television shows; and hiring, assigning, evaluating, training, and 
establishing work schedules for staff. The petitioner indicated that a qualified candidate for the job would 
possess a bachelor's degree in media art, entertainment production, or a similar discipline. 
The director found that the proffered position, which combines the duties of a producer with a director, was 
not a specialty occupation. Citing to the Department of Labor's (DOL) Occupational Outlook Handbook 
(Handbook), 2004-2005 edition, under the occupation category of Actors, Producers and Directors, 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. tj 214.2(h)(4)(iii)(A). 
On appeal, counsel states, in part, that the proffered position qualifies as a specialty occupation because the 
proposed duties are so specialized and complex as to require a bachelor's degree in a specific specialty. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. 4 214.2(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. 4 214.2(h)(4)(iii)(A)(I) 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 Hird/Blaker COT. v. Suva, 712 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 counsel that the proffered position is a specialty 
occupation. A review of the Actors, Producers, and Directors occupational category in the Handbook, 2006-2007 
edition, confirms that the job duties parallel the responsibilities of a director and a producer. No evidence in the 
Handbook indicates that a baccalaureate or higher degree, or its equivalent, is normally required for director and 
producer jobs. Further, although information on the petition reflects that the petitioner has five employees and a 
WAC 04 026 50559 
Page 4 
gross annual income of $500,000, the record contains no evidence in support of these claims, 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 SofJici, 22 I&N 
Dec. 158, 165 (Comrn. 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. Further, the 
record of proceeding contains no information about the proffered position that distinguishes it as unique from 
or more complex than the general occupational category of producer and director, for which the Handbook 
does not report a normal requirement for at least a bachelor's degree, or the equivalent, in a specific specialty. 
The petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now tums to the criterion at 8 C.F.R. 4 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. As counsel does not address this issue on appeal, it will not be discussed 
further. The evidence of record does not establish this criterion. 
Finally, the AAO tums to the criterion at 8 C.F.R. 8 214.2(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. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.F.R. 8 214.2(h)(4)(iii)(A)(4). The information in the record about the proposed duties 
does not establish that they exceed in scope, specialization, or complexity those usually performed by 
producers and directors, an occupational category for which the Handbook indicates no requirement for or 
usual association with a baccalaureate or higher degree in a specific specialty. 
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. 
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.