dismissed H-1B Case: Facility Management

identieing data deleted to 
vent clearly unwarranted 
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PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 03 174 52873 Office: CALIFORNIA SERVICE CENTER Date: flN 1 3 ZOOfj 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 1 Ol(a)(l S)(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 03 174 52873 
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 healthcare facility with six employees and an estimated gross annual income of $403,000, and 
seeks to employ the beneficiary as a preventive maintenance coordinator. The petitioner endeavors to classify the 
beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(l 5)(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)(lS)(H)(i)(b) of the Act, 8 U.S.C. 4 1 lOl(a)(lS)(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 fkther 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; 
WAC 03 174 52873 
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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. 
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) 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 a preventive maintenance coordinator. 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: 
Inspect and analyze a newly acquired building facility to determine upgrades, renovations, 
and equipment to be reinstalled to comply with local building codes and state regulations; 
Prepare a detailed report of non-complying portions of the facility and propose plans or 
designs to update and conform to local building codes and state regulations; 
Monitor and evaluate existing equipment on the premises to ensure compliance with state 
regulations; 
Be responsible for safety issues related to buildings or grounds, including fenced pools, 
maintenance, lighting, heating, cooling and required phone or signal systems; 
Coordinate with state regulators to ensure modification compliance/permitting; 
Maintain regulatory relationships with the Office of Regulations Development; 
Plan and coordinate a schedule of preventive maintenance for facilities; 
Record maintenance to determine the optimum frequency of preventive maintenance; 
Study operation schedules and confer with other staff to determine when planned 
maintenance will last interfere with facility operation; and 
Direct and coordinate activities of any hired maintenance contractors. 
WAC 03 174 52873 
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The petitioner requires a minimum of a bachelor's degree in civil engineering or a related field for entry into 
the proffered position. 
The AAO routinely consults the 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, though vaguely described in relation to the petitioner's physical facilities and the nature of 
its business, appear to be those noted for administrative service managers, not industrial safety and health 
engineers as stated by the petitioner, or construction and building inspectors as determined by the director. 
The Handbook notes that these managers perform a broad range of duties in virtually every sector of the 
economy. They manage the many services that allow organizations to operate efficiently, such as secretarial 
and reception, administration, payroll, conference planning and travel, information and data processing, mail, 
materials, scheduling and distribution, printing and reproduction, records management, telecommunications 
management, security, parking, and personal property procurement, supply, and disposal. In small 
organizations, a single administrative services manager may oversee all support services. In larger ones, 
however, first-line administrative services managers often report to mid-level managers who, in turn, report to 
top-level managers. As the size of the fm increases, administrative services managers are more likely to 
specialize in support activities. Because of the range of administrative services required by organizations, the 
duties performed by these managers varies significantly. The Handbook notes that: 
Administrative services managers who work as facility managers plan, design, and manage 
buildings and grounds in addition to people. They are responsible for coordinating the physical 
workplace with the people and work of an organization. This task requires integrating the 
principles of business administration, architecture, and behavioral and engineering science. 
Although the specific tasks designed to facility managers vary substantially depending on the 
organization, the duties fall into several categories, relating to operations and maintenance, real 
estate, project planning and management, communication, finance, quality assessment, facility 
function, technology integration, and management of human and environmental factors. Tasks 
within these broad categories may include space and workplace planning, budgeting, purchase 
and sale of real estate, lease management, renovations, or architectural planning and design. 
Facility managers may suggest and oversee renovation projects for a variety of reasons, ranging 
from improving efficiency to ensuring that facilities meet government regulations and 
environmental, health, and security standards. Additionally, facility managers continually 
monitor the facility to ensure that it remains safe, secure and well maintained. Often, the 
facility manager is responsible for directing staff, including maintenance, grounds, and 
custodial workers. 
The Handbook states that educational requirements for these managers vary widely, depending on the size 
and complexity of the organizations. Most facility managers have an undergraduate or graduate degree in 
engineering, architecture, construction management, business administration, or facility management. Not all 
degrees deemed acceptable for the position are closely related, however. For example, a general degree in 
business administration would not be closely related to engineering or architecture, unless the business 
administration degree included a specific course of study related to engineering or architecture. Thus, the 
WAC 03 174 52873 
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proffered position does not qualify as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) since a 
baccalaureate or higher degree in a specific specialty is not normally required for entry into the position. 
The petitioner has failed to establish that a degree in a specific specialty is common to the industry in parallel 
positions among similar organizations for the offered position, or that it normally requires a degree in a 
specific specialty for entry into the position, and offers no evidence in this regard. The petitioner has not 
established the referenced criteria at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) or (3). 
The petitioner has failed to establish the complexity of the duties of the offered position in relation to its 
business operations. The record does not establish that 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 they are 
so specialized or complex that knowledge required to perform them is usually associated with the attainment 
of a baccalaureate or higher degree in a specific specialty. The record contains no evidence describing the 
facility to be managed by the petitioner. Nor does the evidence establish that the petitioner owns or leases a 
facility to be managed by the beneficiary, or has a business plan to purchase any such facility in the 
foreseeable future. The petitioner describes itself as a health care facility with six employees. The record 
does not contain a copy of the petitioner's license to operate a healthcare facility. The record is void of 
evidence establishing that the petitioner has the described work available to employ the beneficiary in the 
capacity requested on the Form 1-1 29 petition. 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. Comm. 1972)). The petitioner has not established the referenced criteria at 8 C.F.R. 
214.2(h)(4)(iii)(A)(2) or (4), nor has it demonstrated that a qualified nonimmigrant alien is coming 
temporarily to the United States to perform services in a specialty occupation under section 
101 (a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 5 1 101(a)(l 5)(H)(i)(b). Based upon the foregoing, the petition must 
be denied. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.