dismissed H-1B Case: Hospitality

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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 l(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. 
EAC 04 039 52709 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Ofice (AAO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner operates a hotel and seeks to employ the beneficiary as a food and beverage supervisor. The 
petitioner, therefore, 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. 
§ 1 10 1 (a)( 15)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief and additional evidence. 
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. 
 214.2(hX4)(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. 
2 14.2(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. 
EAC 04 039 52709 
Page 3 
The petitioner is seeking the beneficiary's services as a food and beverage supervisor. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the company's 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary would perform duties that entail: supervising restaurant managers and beverage managers and 
their staff; performing scheduling; assignment of tasks to each manager; meeting with managers to set 
restaurant and catering protocol; teaching managers corporate regulations and implementations of such rules; 
overseeing daily activities of each manager; assuring quality standards are maintained and that facilities 
provide optimal level of service (20%); forming and managing the budget for the food and beverage 
department; assuming leadership of the financial success of the food and beverage operations (10%); 
exercising responsibility over ordering of food supplies; directing management and staff in the efficient and 
safe operation of all food and beverage operations (5%); supervising catering and restaurant activities in the 
hotel, including making of reservations, booking of parties, and corporate events (20%); providing 
supervision over the operations of the restaurant and catering facilities as related to guest relations and 
customer care, especially for Hilton honors members; ordering of food supplies; management of staff; 
scheduling of staff; special treatment and discounts for VIPs; and acting as host and maitre'd for important 
parties and events (10%); providing assistance to hotel and banquet staff to resolve problems or emergencies 
as related to parties, restaurant operations and catering; including scheduling problems, understaffing, 
flooding of premises, and shortage of food supplies or equipment (5%); working with clients to ensure catered 
events and business events are properly staffed, properly served and professionally attended to by the staff; 
ordering of food preparation and garnishment of all courses and smooth running of all events from start to 
finish (10%); aiding in establishment of standards for personnel administration and performance, service to 
patrons, advertising, publicity, food selection and service, and type of patronage to be solicited; and ensuring 
that company procedures, control systems and other established operating plans are understood and 
implemented (5%); budgetary duties that include allocation of funds, authorization of expenditures and 
assisting in planning the hotel's restaurant budget on a yearly, monthly and weekly basis (10%); interviewing, 
hiring and evaluation of all personnel for the hotel restaurant and catering facilities (5%). The petitioner 
stated that a bachelor's degree in hospitality management or a related area of study is required for the 
position. 
The director issued a request for additional information to establish that the proffered position meets one of 
the above listed criteria. 
 The director did not classify the offered position as a specialty occupation. The 
director noted the petitioner's reference to the Department of Labor's Occupational Outlook Handbook 
(Handbook) for food service managers. The director found that the Handbook's statements do not support 
that a bachelor's degree in hospitality management is the minimum for entry into the position because 2-year 
degree graduates fill many such positions as well as persons without such degrees. The director did not find 
that the record contained sufficient documentation to conclude the petitioner normally requires a degree for 
the position. The director determined that the duties of the position are not so specialized and complex that 
the knowledge required to perform the duties is usually associated with the attainment of a bachelor's degree. 
On appeal, counsel submits a letter from a professor at Cornell University in support of the contention that a 
bachelor's degree is the minimum requirement for food and beverage manager positions. Counsel asserts that 
the director's reliance on the Handbook is misplaced, and counsel notes that the Handbook does not 
distinguish between food and beverage supervisors of a major hotel chain and ,other restaurant and food 
service managers. Counsel asserts that 
 and beverage supervisor for a company of 
the size, operating scope and nature of 
 requires a supervisor with a bachelor's level 
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education and professional background. Counsel submits letters from three hotel chains in support of her 
contention that the degree requirement is common to the industry in parallel positions among similar 
organizations. Counsel asserts that the petitioner normally requires a degree for the position. 
Counsel asserts that the director ignores the SVP classification given by the Department of Labor's 
Dictionary of Occupational Titles (DOT) for this position. Counsel 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. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
9 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. $9 214.2(h)(4)(iii)(A)(l) and (2): a baccalaureate or higher degree 
or its equivalent in a specific specialty is the normal minimum requirement for entry into the particular 
position; a specific 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 Corp. v. Sava, 7 12 F. Supp. 872, 1 102 (S.D.N.Y. 1989)). 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, from 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. 
The AAO routinely consults the Handbook for its information about the duties and educational requirements 
of particular occupations. The Handbook reveals that the beneficiary's duties are most similar to those of a 
food service manager, an occupation that is not a specialty occupation. According to the Handbook, food 
service managers are responsible for the daily operations of restaurants and other establishments that prepare 
and serve meals and beverages to customers. The Handbook notes that food service managers oversee the 
inventory and ordering of food, equipment, and supplies and arrange for the routine maintenance and upkeep 
of a restaurant, its equipment and facilities. The Handbook states that food service managers generally are 
responsible for all of the administrative and human resources functions of running the business, including 
recruiting new employees and monitoring employee performance and training. The Handbook states, in part: 
EAC 04 039 52709 
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Many food service management companies and national or regional restaurant chains recruit 
management trainees from 2- and 4-year college hospitality management programs which 
require internships and real-life experience to graduate. Some restaurant chains prefer to hire 
people with degrees in restaurant and institutional food service management, but they often 
hire graduates with degrees in other fields who have demonstrated experience, interest and 
aptitude. 
A bachelor's degree in restaurant and food service management provides particularly strong 
preparation for a career in this occupation. Almost 1,000 colleges and universities offer 4- 
year programs in restaurant and hospitality management or institutional food service 
management; a growing number of university programs offer graduate degrees in hospitality 
management or similar fields. For those not interested in pursuing a byear degree, 
community and junior colleges, technical institutes, and other institutions offer programs in 
the field leading to an associate degree or other formal certification. Both 2- and 4-year 
programs provide instruction in subjects such as nutrition, sanitation, and food planning and 
preparation, as well as accounting, business law and management, and computer science. 
As discussed above, the Handbook does not indicate that a baccalaureate degree is the normal minimum 
requirement for entry into the occupation. 
Based on the evidence in the record, the AAO cannot conclude that a baccalaureate or higher degree or its 
equivalent in a specific specialty is the normal minimum requirement for entry into the particular position, 
food and beverage manager of a hotel. Counsel contends that a letter from an associate professor of hotel 
administration at Cornell University supports her contention that a baccalaureate or higher degree or its 
equivalent in a specific specialty is the normal minimum requirement for entry into the occupation. The 
professor's letter includes this opinion: 
I believe that the subject position of "food and beverage supervisor" cannot be performed 
without bachelor's level training in hospitality management, hotel and restaurant 
management, or a related area, and that professionals who will be working as food and 
beverage supervisors with responsibility for specialized catering and restaurant management 
duties such as those outlined above, are required to demonstrate academic training in this 
area. 
The professor does not provide any independent and verifiable evidence to suppod his conclusions. He states 
that he has reviewed an outline of the job duties of the proffered position, but he does not provide a copy of 
that outline. He notes that the duties of the proffered position include supervising subordinate restaurant 
managers and beverage managers and their respective staffs, and that the beneficiary will oversee and direct 
all catering and restaurant activities at the hotel. He asserts that he reviewed the position description in 
relation to the business operations of the petitioner. However, the author does not relate the form and content 
of his review. He does not relate what, if any, observations he conducted of the petitioner's business 
operations and the actual work performed in the proffered position in the petitioner's particular business. The 
record does not contain specific information about the size of the restaurant, services provided by the 
restaurant, catering facilities or services available, or the number of staff to be managed. The record does not 
EAC 04 039 52709 
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$ 
discuss how many subordinate restaurant and beverage managers are currently employed by the petitioner at 
this facility in order to assess the management responsibilities of the beneficiary. The AAO may, in its 
discretion, use as advisory opinion statements submitted as expert testimony. However, where an opinion is 
not in accord with other information or is in any way questionable, the AAO is not required to accept or may 
give less weight to that evidence. Matter of Caron International, 19 I&N Dec. 791 (Comm. 1988). 
There is insufficient evidence in the record to establish the first alternative prong of the second criterion - that 
a specific degree requirement is common to the industry in parallel positions among similar organizations. 
The petitioner submitted four internet job postings for positions. The record does not establish that the 
petitioner is similar in size and business to the entities in the postings. Additionally, some of the postings 
have different requirements for the position. For example, one posting is for an arena and requires experience 
for a major stadium, convention center or performing arts hall. 
2 1," 
The authors of ;he letters kdicate that that "in a major hotel like ours or like it would be 
almost unheard of to hire a Food and Bevera e Manager who did not have a Bachelor's Degree." The 
director of Human Resources o m states that her company employs one person as a food 
and beverage manager who has a bachelor's degree in the field of field of hotel, restaurant, and tourism 
administration. The other two authors state "at the present time, my own company employs two persons as 
Food and Beverage Supervisors. These two persons possess educational backgrounds in the field of 
Hospitality Management." The AAO notes that the authors do not indicate that the employees possess a 
bachelor's degree. Additionally, the authors claim to employ hundreds or thousands of employees yet 
specifically state that they employ either one or two food and beverage supervisors with a degree in a specific 
specialty or have background in that specialty. These letters does not establish that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. Additionally, the 
AAO notes that the company, has the same address as the petitioner which calls into 
question whether the is independent. The AAO may, in its discretion, use 
as advisory opinion statements submitted as expert testimony. However, where an opinion is not in accord 
with other information or is in any way questionable, the AAO is not required to accept or may give less 
weight to that evidence. Matter of Caron International, 19 I&N Dec. 79 1 (Comm. 1988). 
The petitioner has not established that the particular position is so complex or unique that it can be performed 
only by an individual with a degree, as required to satisfy the second alternative prong of 8 C.F.R. 
§ 2 14.2(h)(4)(iii)(A)(2). 
Nor is there evidence in the record to establish the third criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. The petitioner has provided a diploma of 
a person it contends was previously employed as a food and beverage supervisor. The petitioner has not 
provided sufficient corroborating evidence such as payroll or employment records. Further, evidence of one 
hiring action is not sufficient to establish that the petitioner has a history of exclusively recruiting and hiring 
only persons with a degree in a specific specialty. Going on record without supporting documentary evidence 
is not suff~cient for purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N 
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Page 7 
Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 
1972)). 
The fourth criterion at 8 C.F.R. 9 214.2(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 has not described the 
proposed duties with sufficient specificity to establish that their performance necessitates highly specialized 
knowledge that is usually associated with at least a bachelor's degree in a specific specialty, as required by 
this criterion. Rather, the duties are described in generic and general terms such as scheduling, assigning 
tasks to managers, meetings with managers to set protocol, forming and managing the budget for the Food 
and Beverage Department, and supervision over the operations of the restaurant and catering facilities as 
related to guest relations and customer care. The petitioner's descriptions do not differentiate the proffered 
position as more specialized or complex than the general range of food service management positions, for 
which the Handbook indicates no usual association with 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. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 1361. 
The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.