dismissed H-1B Case: Hospitality Management

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LW 04 260 53 167 Office: NEBRASKA SERVICE CENTER Date: APR 2 5 2m 
PETITION: Petition for a Nonirnrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
C 
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 
LIN 04 260 53167 
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 hotel that seeks to employ the beneficiary as a hotel accounts manager. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
3 lOl(a)( lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(lS)(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 including "supplementary" letters from similar businesses. 
Section 214(i)(l) of the Act, 8 U.S.C. 3 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. 3 214.2(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. 
3 214.2(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 hotel accounts manager. Evidence of the beneficiary's 
duties includes: the 1-129 petition; the petitioner's September 20, 2004 letter in support of the petition; and the 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
LIN 04 260 5 3 167 
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perform duties that entail: developing annual sales plans; identifying critical marketing issues and assisting in 
the development of plans to adjust to changing market trends and conditions; helping with the structure of 
hotel programs including the catering of banquets and business meetings; collaborating with the sales director 
in fostering partnerships with advertising agencies and outside suppliers; ensuring that advertising campaigns 
are well targeted and well executed; developing new business; and performing revenue, customer relations, 
and operations management. The petitioner indicated that a qualified candidate for the job would possess a 
bachelor's degree in hotel or hospitality management, economics, marketing, or a closely related field. 
The director found that the proffered position, which is similar to a lodging manager, was not a specialty 
occupation. Citing to the Department of Labor's (DOL) Occupational Outlook Handbook (Handbook), 
2002-2003 edition, 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. 8 214.2(h)(4)(iii)(A). 
On appeal, counsel states, in part, that the proffered position combines the duties of a market research analyst 
with advertising, sales, and promotions managers, and is not a lodging manager position. Counsel states 
further that the Dictionary of Occupational Titles (DOT) assigns the position an SVP rating of 8, which 
according to counsel, requires a degree to enter into the position. Counsel cites to Matter of Sun, 12 I&N Dec. 
535 (D.D. 1966), to state that a hotel manager position qualifies as a member of the professions. Counsel also 
states that the record contains letters from similar organizations and a professional position evaluation as 
supporting documentation. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
8 214.2(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. 8 214.2(h)(4)(iii)(A)(l) 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 1151, 1165 (D. 
Minn. 1999)(quoting HircVBlaker 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 Market and Survey Researchers category in the 2006-07 Handbook does not 
indicate that a bachelor's degree in a specialty is required for a market research analyst position.' As the 
market research analyst does not require a degree in a specialty, the position does not satisfy the regulatory 
requirement for eligibility as a specialty occupation under the first criterion. Moreover, no evidence in the 
' A review of the website of Marketing Research Association (MRA) at http:Nwww.mra- 
net.org/edevents/crruide2.cfm#3 finds that a wide variety of degrees is acceptable for entry into the industry 
including liberal arts, social science, and communications. 
LIN 04 260 53 167 
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Handbook indicates that a baccalaureate or higher degree in a specific specialty, or its equivalent, is normally 
required for advertising, marketing, promotions, public relations, and sales managers jobs. 
Counsel's reference to and assertions about the relevance of information from the DOT are not persuasive. 
The DOT'S SVP rating does not indicate that a particular occupation requires the attainment of a 
baccalaureate or higher degree, or its equivalent, in a specific specialty as a minimum for entry into the 
occupation. An SVP rating is meant to indicate only the total number of years of vocational preparation 
required for a particular position. The classification does not describe how those years are to be divided 
among training, formal education, and experience, nor specifies the particular type of degree, if any, that a 
position would require. 
The petitioner's citation to the Matter of Sun is also noted. This 1966 decision, however, dealt with 
membership in the professions, not membership in a specialty occupation. While these terms are similar, they 
are not synonymous. The term "specialty occupation" is specifically defined in section 214(i) of the Act, 
8 U.S.C. 5 1184(i). That statutory language effectively supersedes Matter of Sun. 
The record also contains industry standard letters from similar businesses, whose writers assert, in part, that 
the proffered position requires a bachelor's degree in hotel or hospitality management, or a related field. The 
writers, however, do not provide sufficient evidence in support of their assertions or rely on industry surveys, 
data or other documentation to reach the conclusion that the position requires a bachelor's degree in a specific 
specialty. One of the writers provides copies of the diplomas for three of its employees, reflecting two 
Bachelor of Arts degrees and one Bachelor of Science degree. This information is not convincing evidence 
that the position of a hotel accounts manager is a specialty occupation in this case because there is no 
evidence of the specific specialties of these degrees. Another writer provides a copy of the resume of its sales 
associate, indicating that this employee holds a bachelor's degree in hotevrestaurant management. To 
demonstrate that it normally requires a degree in hoteurestaurant management for employment in the 
proffered position, the writer would need to document the credentials of more than one employee. Going on 
record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof 
in these proceedings. Matter of Sofici, 22 I&N Dec. 158, 165 (Cornrn. 1998) (citing Matter of Treasure Craft 
of California, 14 I&N Dec. 190 (Reg. Cornrn. 1972)). The Handbook is a compilation of results of nationwide 
industry questionnaires, surveys and personal interviews by the DOL, and indicates that there is no specific 
degree requirement for entry into the field. The AAO may, in its discretion, use as advisory opinions 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 (Comrn. 1988). 
The opinion rendered by the professor is not probative. First, the evidence of record does not establish that the 
professor is an expert in the area in which he is opining. Despite his self-endorsement, neither the professor's 
letter, his resume, nor any other evidence of record substantiates that he is qualified as an expert on industry- 
wide recruiting and hiring practices regarding hotel accounts managers. Second, the opinion is based upon 
insufficient information about the particular position proposed here. CIS may, in its discretion, use as 
advisory opinions statements submitted as expert testimony. However, where an opinion is not in accord with 
other information or is in any way questionable, CIS is not required to accept or may give less weight to that 
evidence. Matter of Caron International, 19 I&N Dec. 791 (Comrn. 1988). 
LIN 04 260 53 167 
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Regarding parallel positions in the petitioner's industry, the petitioner submitted Internet job postings for 
accounts managers. None of the advertisements, however, stipulates a bachelor's degree in a specific 
specialty, thereby confirming the position of the DOL in its Handbook, namely that a wide range of 
educational backgrounds is suitable for entry into market and survey researcher, and advertising, marketing, 
promotions, public relations, and sales managers jobs. Thus, the advertisements are not probative. 
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. 
The petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l) or (2). 
The AAO now turns to the criterion at 8 C.F.R. 5 214.2(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 turns to the criterion at 8 C.F.R. 5 214.2(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. 5 214.2(h)(4)(iii)(A)(4). 
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. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.