dismissed H-1B Case: Healthcare

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 030 5 1183 Office: CALIFORNIA SERVICE CENTER Date: <rO 7 ,? 7 '"4 Q..'.!' -a" 
,- 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10l(a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 1(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, Director 
Administrative Appeals Office n 
WAC 04 030 51183 
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 operates a convalescent hospital. It seeks to hire the beneficiary as a public relations specialist. 
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: (I) 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 additional documentation. 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. $ 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. $ 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: 
(1) 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 a public relations specialist. Evidence of 
the beneficiary's duties includes: the Form 1-129; an October 15, 2003 letter of support fiom the petitioner; 
and counsel's April 12, 2004 response to the director's request for evidence. According to this evidence, the 
beneficiary would perform duties that entail (1) planning, developing, implementing, and evaluating the 
company's public relations program, developing programs to analyze problems and opportunities, defining 
goals, identifying the public, and recommending and planning activities; developing and enhancing positive 
images for the employer; building and maintaining a carefully planned relationship with the public, using 
various types of media such as publications, special reports, videos, and multimedia programs to influence the 
way the employer is viewed by the public; developing annual publicity and public relations plans, goals and 
objectives; determining the best approach to implement multi-media communications plans (25% of time); (2) 
researching public opinion through newspaper questionnaires; selecting market and audiences and evaluating 
various demographic information, audience responses and inquiries to determine media and program success; 
researching facts through interviews, library materials, informal conversations, and survey opinion research 
(15% of time); (3) writing and editing informational materials for internal and extemal distribution, such as 
reports, news releases, brochures, speeches, video, scripts, magazine articles, product information and 
technical materials, newsletters, and other management communications; developing content, making 
decisions regarding layout, and using design elements effectively; selecting media and coordinating the 
posting or distribution of information; planning the content and theme of publications and other 
informational materials, determining the format, evaluating the cost and distribution options; establishing 
systems for the distribution of information to newspaper, broadcast, general and trade publications (20% of 
time); (4) planning news conferences, convention exhibits, anniversary celebrations, award programs tours, 
and special meetings (5% of time); (5) preparing and delivering speeches; writing speeches for company 
president; serving as community liaison to describe programs, presenting positions or explaining company's 
affairs or interests; responding to public inquiries concerning the company; overseeing the development of 
andlor specifications for printing and other services; receiving guidance on public relations plans, goals and 
objectives for company president; and discussing sensitive and controversial issues involving the media with 
company president prior to release (15% of time); (6) gathering information from management, colleagues, 
and external sources to cultivate relationships; maintaining fi-equent extemal contacts with vendors to arrange 
services and with representatives of the media, the community, and the public in order to respond to inquiries 
and present the company's concerns (10% of time); (7) developing a realistic budget for public relations 
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activity; documenting list of anticipated expenses for all activities for the period of time covered; selecting the 
media; setting-up a timetable; putting public relations efforts on a proper schedule; carrying out the program; 
evaluating the results; and conducting periodical public relations audits (10% of time). 
The petitioner indicated that the proffered position requires a bachelor's degree in a related field such as 
public relations and communications. 
The director issued a request for information to establish that the position of public relations specialist is a 
common position required by similar organizations and that the petitioner's competitors normally require 
degrees for closely related positions. The director requested information about the petitioner such as a facility 
license, tax returns and quarterly wage reports. 
In response to the director's request, counsel provided an occupation guide from the State of Virginia, an 
internet job posting, and a 2000 career exploration guide to support his contention that the proffered position 
qualifies as a specialty occupation. Additionally, the petitioner provided Form 941 quarterly wage reports 
and Federal Tax Form 1065, U.S. Return of Partnership Income, indicating gross receipts or sales of 
$4,576,575. 
In his denial, the director referred to the Department of Labor's Occupational Outlook Handbook (the 
Handbook) and found that the overwhelming number of duties, as described by the petitioner, were most 
similar to the duties of Advertising, Marketing, Promotions, Public Relations, and Sales Managers - 
occupations which do not normally require a baccalaureate level of study. The director found that the 
position did not meet any of the preceding criteria for classification as a specialty occupation. 
On appeal, counsel contends the director's conclusions are erroneous and refers to the Department of Labor's 
Occupational Information Network (O*NET Online). Counsel contends that the O*NET contains more precise 
information on a specific occupational title because it covers more than 200 job titles. Counsel asserts that the 
Handbook covers about sixty occupational groupings. Counsel refers to the O*NET summary report on public 
relations specialists which indicates "most of these occupations require a four-year bachelor's degree, but some 
do not." Counsel asserts that more than 50% of the public relations specialist positions require a four-year degree. 
The O*NET 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 O*NET system supercedes the seventy-year old Dictionay of Occupational 
Titles (DOT). The O*NET database is a comprehensive source of descriptors, with ratings of importance, 
level, frequency or extent, for occupations that are key to the economy. O*NET descriptors include: skills, 
abilities, knowledge, tasks, work activities, work context, experience levels required, job interests, and work 
valueslneeds. It does not describe the amount of training, formal education, and experience, and it does not 
specify the particular type of degree, if any, that a position would require. For this reason, the AAO does not 
rely on O*NET information. 
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 a public relations specialist in the Handbook. According to the Handbook, 
public relations specialists-also referred to as communications specialists and media specialists, among 
other titles-serve as advocates for businesses, nonprofit associations, universities, hospitals, and other 
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organizations, and build and maintain positive relationships with the public. The Handbook notes that as 
managers recognize the growing importance of good public relations to the success of their organizations, 
they increasingly rely on public relations specialists for advice on the strategy and policy of such programs. 
According to the Handbook, public relations specialists handle organizational functions such as media, 
community, consumer, industry, and governmental relations; political campaigns; interest-group 
representation; conflict mediation; or employee and investor relations. They help an organization and its 
public adapt mutually to each other. However, public relations are not only about "telling the organization's 
story." Understanding the attitudes and concerns of consumers, employees, and various other groups also is a 
vital part of the job. To improve communication, public relations specialists establish and maintain 
cooperative relationships with representatives of community, consumer, employee, and public interest groups, 
and with representatives from print and broadcast journalism. This is similar to the proffered position in that 
the duties include, among others, serving as community liaison to describe programs, presenting positions or 
explaining company's affairs or interests; and responding to public inquiries concerning the company. 
With respect to the educational qualifications required of public relations specialists, the Handbook states: 
There are no defined standards for entry into a public relations career. A college degree 
combined with public relations experience, usually gained through an internship, is 
considered excellent preparation for public relations work; in fact, internships are becoming 
vital to obtaining employment. The ability to communicate effectively is essential. Many 
entry-level public relations specialists have a college major in public relations, journalism, 
advertising, or communication. Some firms seek college graduates who have worked in 
electronic or print journalism. Other employers seek applicants with demonstrated 
communication skills and training or experience in a field related to the firm's business- 
information technology, health, science, engineering, sales, or finance, for example. 
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 public relations 
specialist position. 
To establish the second criterion - that a specific degree requirement is common to the industry in parallel 
positions among similar organizations - counsel refers to an internet job posting for a public relations 
specialist. This evidence fails to establish that a specific baccalaureate degree is common to the industry in 
parallel positions among similar organizations. The advertised position is not parallel to the proffered 
position and indicates that a bachelor's degree in a relevant field is important. The job posting does not 
indicate that a bachelor's degree is required. Additionally, the nature of the advertising company is unknown. 
Consequently, the posting fails to establish that there is a specific baccalaureate degree that is a common 
industry-wide requirement. 
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. 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. 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 
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them is usually associated with the attainment of a baccalaureate or higher degree. The duties parallel those 
in the Handbook for a public relations specialist, an occupation that does not require a specific baccalaureate 
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. 
3 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.