dismissed H-1B Case: Federal Contracting

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 255 53376 Office: CALIFORNIA SERVICE CENTER Date: 2 1.2005 
- 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 IOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in you 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 
WAC 04 255 53376 
Page 2 
DISCUSSION: The director of the service center denied the nonirnrnigrant 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 federal contractor. It seeks to hire the beneficiary as a laboratory equipment bidding 
analyst. 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 and new and previously submitted documentation. 
The AAO reviewed the record in its entirety before reaching its decision. 
The issue before the AAO is whether the petitioner's 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 11 84(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. $ 2 14.2(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 
(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. 
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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 (5' 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 a laboratory equipment bidding analyst. 
Evidence of the beneficiary's duties includes: &he Form 1-129; and an August 17, 2004 letter from the 
petitioner. 
> 
At the time of filing, the petitioner stated that the7 beneficiary's duties entail: (1) determining the orders for 
laboratory equipment from the weekly publications of CB Disk which publishes all orders from the Federal 
Agencies during the week; participation in the formulation, development and recommendation to 
management of a system or program by which purchase requests, including requests for quotes, bids and 
proposals are coordinated and reviewed; receiving and evaluating proposals, quotations and components from 
manufacturers, suppliers and wholesalers (15%' of time); (2) researching, analyzing, studying and being 
familiar with the required equipment and supplies needed to be procured by the petitioner through reading 
books, the Thomas register, journals, brochures, publications and attendance at trade fairs and seminars 
sponsored by the suppliers and wholesalers (10% of time); (3) conducting test product analysis of laboratory 
equipment and supplies according to prescribed standards; evaluating and reporting results of tests on samples 
submitted for quality assurance testing (20% of time); (4) researching, studying and assisting in the 
development and recommendation of the implementation of a program or policy involving the selection of 
cost effective shipping sources and identifying the most efficient modes of transportation; (5) ensuring that 
the petitioner is purchasing or buying laboratory equipment and supplies at the most competitive levels 
available; maintaining competitive bid or purchasing process to ensure most competitive pricing levels; (10% 
of time); (6) participating in drafting, execution of contracts or agreements with respect to procurement and 
purchase of laboratory equipment and supplies; maintaining and reviewing contracts and agreements (20% of 
time); (7) performing final quality assurance tests on laboratory equipment and products purchased by 
petitioner by checking against invoice to verify conformity (5% of time); (8) and participating in the 
development of strategc plans in purchasing, budget, and forecast and anticipating price and quality changes 
in components and related products to be procured or purchased (5% of time). The petitioner indicated that a 
bachelor's degree or equivalent and relevant work experience is required for the proffered position. 
The director requested additional evidence that the proffered position meets one of the above listed criteria. 
The director requested copies of the petitioner's signed income tax returns that have been certified by the IRS 
with all required schedules. 
Counsel responded to the director's request and the petitioner added to the job description. The petitioner 
submitted a Form 1065 U.S. Return of Partnership Income which indicated gross receipts or sales of 
WAC 04 255 53376 
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$29,963,480 for tax year 2003. The Form 1065 also indicated salaries and wages of $3,360,264. The 
petitioner stated that it has been its practice to hire persons with professional credentials in the same positions. 
The petitioner submitted a list of employees and stated that they were in the same or related position and 
listed the degrees which included a BS in civil engineering, computer engineering, business administration, 
commerce, pharmacy, electronics and mechanical engineering. The petitioner asserted that the proffered 
position meets all four of the preceding criteria. 
The director found that some of the duties of the proffered position resembled a medical assistant and referred 
to the Department of Labor's Occupational outlook handbook (the Handbook). The director noted that the 
Handbook indicated that the position of medical assistant is an occupation that does not require a 
baccalaureate level of education. The director referred to the petitioner's claims that it had been hiring 
persons who majored in civil engineering, computer engineering, business administration, electronics & 
communications engineering, and mechanical engineering in the same positions. Thus, the director 
determined according to the evidence submitted, that a bachelor's degree in a specific specialty is not required 
for entry into the proffered position. 
On appeal, counsel notes that the petitioner needs to expand its work force in order to work with more 
government agencies. Counsel asserts that the director based his decision on the misclassification of the 
petitioner's business under the healthcare category. Counsel contends that the petitioner is engaged in 
supplying goods and services to federal agencies of the U.S. government. Counsel asserts that the proffered 
position satisfies two of four criteria in that a baccalaureate degree or its equivalent is normally the minimum 
requirement for entry into a particular position and that the nature of the duties is so specialized and complex 
that the knowledge required to perform them is usually associated with the attainment of baccalaureate 
degree. 
Although counsel and the petitioner assert that the petitioner is engaged in supplying goods and services to 
federal agencies of the U.S. government, the record does not contain evidence of government contracts. 
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 oflaureano, 19 I&N Dec. 1 (BIA 1983); Matter of Rarnirez-Sanchez, 
17 I&N Dec. 503, 506 (BIA 1980). Going on record without supporting documentary evidence is not 
sufficient for purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 
158, 165 (Cornm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 
1972)). 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
$ 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO considers the criteria at 8 C.F.R. $5 214.2(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 fms 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 1151, 1165 
(D.Minn. 1999)(quoting Hird/Blaker Corp. v. Sava, 8 12 F. Supp. 872, 1 102 (S.D.N.Y. 1989)). 
WAC 04 255 53376 
Page 5 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, fi-om a review of the duties of the position and any supporting evidence, whether the 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. 
Upon review of the record, the petitioner has failed to establish that the proffered position qualifies as a 
specialty occupation. The AAO routinely consults the Handbook for information about the duties and 
educational requirements of particular occupations. The duties of the proffered position resemble those of a 
purchasing agent as described in the Handbook. The Handbook indicates the following duties: 
Purchasing managers, buyers, and purchasing agents evaluate suppliers on the basis of price, 
quality, service support, availability, reliability, and selection. To assist them in their search 
for the right suppliers, they review catalogs, industry and company publications, directories, 
and trade journals. Much of this information is now available on the Internet. They research 
the reputation and history of the suppliers and may advertise anticipated purchase actions in 
order to solicit bids. At meetings, trade shows, conferences, and suppliers' plants and 
distribution centers, they examine products and services, assess a supplier's production and 
distribution capabilities, and discuss other technical and business considerations that 
influence the purchasing decision. Once all of the necessary information on suppliers is 
gathered, orders are placed and contracts are awarded to those suppliers who meet the 
purchaser's needs. Contracts often are for several years and may stipulate the price or a 
narrow range of prices, allowing purchasers to reorder as necessary. Other specific job duties 
and responsibilities of purchasing managers, buyers, and purchasing agents vary by employer 
and by the type of commodities or services to be purchased. 
Purchasing specialists employed by government agencies or manufacturing firms usually are 
called purchasing directors, managers, or agerits; buyers or industrial buyers; or contract 
specialists. These workers acquire materials, parts, machines, supplies, services, and other 
inputs to the production of a final product. Some purchasing managers specialize in 
negotiating and supervising supply contracts, and are called contract or supply managers. 
Purchasing agents and managers obtain items ranging from raw materials, fabricated parts, 
machinery, and office supplies to construction services and airline tickets. The flow of 
work--or even the entire production process--can be slowed or halted if the right materials, 
supplies, or equipment are not on hand when needed. To be effective, purchasing specialists 
must have a working technical knowledge of the goods or services to be purchased. 
According to the Handbook: 
Purchasers and buyers determine which commodities or services are best, choose the 
suppliers of the product or service, negotiate the lowest price, and award contracts that ensure 
that the correct amount of the product or service is received at the appropriate time. 
Similarly, the beneficiary will participate in ensuring that the petitioner is purchasing or buying laboratory 
equipment and supplies at the most competitive levels available; maintaining the competitive bid or 
purchasing process to ensure the most competitive pricing levels. 
The Handbook reports: 
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Qualified persons may begin as trainees, purchasing clerks, expediters, junior buyers, or 
assistant buyers. Retail and wholesale firms p efer to hire applicants who have a college f- . degree and who are familiar with the merchbndise they sell and with wholesaling and 
retailing practices. Some retail firms promqke qualified employees to assistant buyer 
positions; others recruit and train college graduates as assistant buyers. Most employers use a 
combination of methods. < 
Educational requirements tend to vary with, the size of the organization. Large stores and 
distributors, especially those in wholesale and retail trade, prefer applicants who have 
completed a bachelor's degree program with a business emphasis. 
f 
The petitioner fails to establish the first criteriyn because the Handbook states that large stores and 
distributors prefer, but do not require, applicants with bachelor's degrees with a business emphasis and that 
retail and wholesale firms prefer, but do not require, applicants who have a college degree, though not 
necessarily in a specific specialty. The Handbook explains that a bachelor's degree is not required for a 
purchasing manager position. Accordingly, the petitioner cannot establish that a baccalaureate or higher 
degree or its equivalent in a specific specialty is thi normal minimum requirement for entry into the proffered 
position. I 
The petitioner has not provided evidence to established the second criterion - that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. 
No evidence is in the record that would show the proffered position is so complex or unique that it can be 
performed only by an individual with a degree. kgain, the Handbook reveals that the duties of the proffered 
position are performed by a purchasing manager, a position that does not require a bachelor's degree in a 
specific specialty. 
Nor is there evidence in the record to establish the third criterion at 8 C.F.R. fj 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. 
The fourth criterion at 8 C.F.R. fj 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 petitioner indicated that the 
beneficiary would determine the orders for laboratory equipment. The petitioner contends that the beneficiary 
would perform final quality assurance tests on laboratory equipment and products purchased by the petitioner 
by checking against invoice to verify conformij. The petitioner has not explained where the testing would 
take place or the types of equipment to be tested. The petitioner has not described the specific duties and 
responsibilities to be performed by the beneficiary in relation to its particular business interests. It has not 
provided evidence of government contracts or the complexity of the contracts. It cannot be concluded 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. Once again, the Handbook reveals 
that the duties of the proffered position are performed by purchasing managers, an occupation not requiring a 
bachelor's 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. 
WAC 04 255 53376 
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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. 
ORDER: The appeal is dismissed. The petition is denied.