dismissed H-1B Case: Hospitality Management

U.S. Department of Hornetand Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
h - C- 
FILE: EAC 04 190 50129 Office: VERMONT SERVICE CENTER Date: $% cj  fig 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 101(a)(lS)(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 
EAC 04 190 50129 
Page 2 
DISCUSSION: The director of the service center 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 country club that seeks to employ the beneficiary as an assistant clubhouse manager. The 
petitioner, therefore, endeavors to classilfjr the beneficiary as a nonimrnigrant 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 S)(H)(i)(b). 
The director denied the petition on the ground that the beneficiary is not qualified for the offered position. On 
appeal, counsel submits memoranda and additional and previously submitted evidence. 
The record of proceeding before the AA.0 contains, in part: (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 additional and previously submitted evidence and 
memoranda in support of the appeal. The AAO reviewed the record in its entirety before issuing its decision. 
Section 214(i)(2) of the Act, 8 U.S.C. 8 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimm~grant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. 9 214.2(h)(4)(iii)(C), to qualify to perfonn services in a specialty occupation, an alien 
must meet one of the following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher 
degree required by the specialty occupation from an accredited college or university; 
(3) Hold an unrestricted state license, registration or certification which authorizes him or her to 
fully practice the specialty occupation and be immediately engaged in that specialty in the 
state of intended employment; or 
(4) Have education, specialized training, andtor progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the specialty 
occupation, and have recognition of expertise in the specialty through progressively 
responsible positions directly related to the specialty. 
EAC 04 190 50129 
Page 3 
The petitioner's June 2, 2004 letter indicated that the educational requirement for the assistant clubhouse 
manager is a baccalaureate degree, or its equivalent, in business administration, office administration, 
hospitality management, or a related field. 
The denial letter stated that the beneficiary's education, training, and work experience is not equivalent to a 
baccalaureate degree in hotel management or travel/tourism, which is the general educational requirement for 
this kind of occupation. 
To establish that the beneficiary is qualified for the proposed position, counsel refers to the beneficiary's 
associate's degree, educational evaluation, resume, affidavit, certificates, and letters from previous employers, 
and a letter fiom the petitioner. 
Upon review of the record, the petitioner has failed to establish that the beneficiary is qualified for the 
offered position. 
Based on the evidence in the record, the beneficiary holds a national certificate in business studies in office 
information systems awarded by the National Council for Educational Awards in Ireland. The certificate does 
not establish one of the first three criteria under 8 C.F.R. 3 214.2(h)(4)(iii)(C). The petitioner must therefore 
demonstrate that the beneficiary meets the criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a U.S. baccalaureate or 
higher degree in a field related to the proposed position is requires one or more of the following: 
(1) An evaluation from an official who has authority to grant college-level credit for training 
and/or experience in the specialty at an accredited college or university which has a 
program for granting such credit based on an individual's training and/or work 
experience; 
(2) The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; or 
(4) Evidence of certification1 or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or registration 
to persons in the occupational specialty who have achieved a certain level of competence 
in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, and/or work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
EAC 04 190 50129 
Page 4 
and experience. 
The petitioner submitted no evidence to establish the regulation at 8 C.F.R. 9 214.2(h)(4)(iii)(D)(l), (2), or 
(4). 
To establish the third criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(D), counsel points to an educational evaluation 
from e-ValReports. This evaluation states that the beneficiary holds the educational equivalent of an 
associate's degree in business with a concentration in office business systems from an accredited community 
college in the United States. It further states that the beneficiary's education and work experience are the 
educational equivalent to a bachelor's degree in hospitality management from an accredited college in the 
United States. Because the third criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(D) indicates that a credentials 
evaluation service is limited to evaluating foreign educational credentials, the beneficiary's evaluation, which 
includes the beneficiary's work experience may not be considered to establish that the beneficiary holds the 
equivalent of a baccalaureate degree in hospitality management fiom an accredited college in the United 
States. 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 8 214,2@)(4)(iii)(D)(5), three years of 
specialized training and/or work experience must be demonstrated for each year of college-level training the alien 
lacks. It must be clearly demonstrated that the alien's training and/or work experience included the theoretical and 
practical application of specialized knowledge required by the specialty occupation; that the alien's experience 
was gained while worhng with peers, supervisors, or subordinates who have a degree or its equivalent in the 
specialty occupation; and that the alien has recognition of expertise in the specialty evidenced by at least one type 
of documentation such as: 
(i) Recognition of expertise in the specialty occupation by at least two recognized authorities 
1 in the same specialty occupation ; 
(i i) Membership in a recognized foreign or United States association or society in the specialty 
occupation; 
(iii) Published material by or about the alien in professional publications, trade journals, books, 
or major newspapers; 
(iv! Licensure or registration to practice the specialty occupation in a foreign country; or 
(v) Achievements which a recognized authority has determined to be significant contributions 
1 Recognized authority means a person or organization with expertise in a particular field, special skills or 
knowledge in that field, and the expertise to render the type of opinion requested. A recognized authority's 
opinion must state: (1) the writer's qualifications as an expert; (2) the writer's experience giving such 
opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; (3) 
how the conclusions were reached; and (4) the basis for the conclusions supported by copies or citations of 
any research material used. 8 C.F.R. 5 2 14.2(h)(4)(ii). 
EAC 04 190 50129 
Page 5 
to the field of the specialty occupation. 
The evidence in the record fails to establish the beneficiary is qualified for the proposed position pursuant to 
8 C.F.R. $ 214.2(h)(4)(iii)(D)(5). The beneficiary holds the educational equivalent of an associate's degree in 
business with a' concentration in office business svstems, has two certificates in tourism. and has em~lovment Id 
venfication letters from and WI;~ Bar, Brandon ~otel Car Sales, Comha~rle 
and the peta~oner. The beneficiary's pnor work experience with r Car Sales 
andi invol\,ed \\.orking for organizations that are not in the hospitality industt~~; 
thus, this experience did not include the theoretical and practical application of specialized knowledge 
required by the specialty, which in this case is hospitality management or a related discipline. The 
employment with-and Wine Bar was for one year, the employment with the petitioner has 
been for one year and four months according to the beneficiary's affidavit, and the employment with- 
Hotel. Conference and Leisure center. was from A~ril 1995 to March 1996 and from A~ril 1997 to October 
199 Thc lctters From an- and \Vine Bar subn~~t~ch on appeal do nor 
describe the duties establishing that the beneficiary's work experience included the theoretical and practical 
application of a body of highly specialized knowledge. The letters fiom the Hotel, Conference and 
and nd Wine Bar do not indicate that the beneficiary's work experience was 
gamed while working with peers, supervisors, or subordinates who have a degree or its equivalent in the 
specialty occupation. In addition, there is no evidence in the record that the beneficiary has recognition of 
expertise as no evidence shows the e-ValReports evaluator as a "recognized authority" in the hospitality 
industry. Based on the evidence in the record, the petitioner fails to establish the beneficiary's qualifications 
pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(D)(5). 
As related in the discussion above, the petitioner has failed to establish that the beneficiary is qualified to 
perform the duties of the proffered position. Accordingly, the AAO shall not disturb the director's denial of 
the petition. 
Beyond the decision of the director, the AAO finds that the proposed duties are not sufficiently described to 
establish that the proposed position qualifies as a specialty occupation. 
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.