dismissed H-1B Case: Hospitality Management

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PU1)IJC COPY 
FILE: WAC 04 17 1 5 1279 Office: CALIFORNIA SERVICE CENTER Date: 0 3 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(] S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 I I0 l(aX1 S)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 
WAC 04 171 51279 
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 and seeks to employ the beneficiary as an operations manager. The petitioner endeavors 
to classifL the beneficiary as a nonirnmigrant worker in a specialty occupation pursuant to section 
1 0 1 (a)(] S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 I0 I (a)(] S)(H)(i)(b). 
The director denied the petition because the proffered position does not qualifjl as a specialty occupation. On 
appeal, the petitioner submits a brief and additional information stating that the offered position qualifies as a 
specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section lOl(a)(l S)(H)(i)(b) of the Act, 8 U.S.C. 9 1 101(a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. fj 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 3 214.2(h)(4)(ii) as: 
[A]n 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. 8 2 14.2(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; 
WAC 04 171 51279 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are 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. 
€j 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) the 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) the Form I-290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an operations manager. Evidence of the beneficiary's 
duties includes the 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Plan, direct, and coordinate the petitioner's business activities; 
Formulate company policy; 
Oversee the petitioner's audits, finances and daily operations; 
Maintain contact with creditors and clients; 
Supervise the schedule of department managers; 
Manage and plan the use of supplies, materials, and employees; and 
Coordinate activities between different departments. 
The petitioner requires a minimum of a bachelor's degree in business managementladministration or a related 
field for entry into the proffered position. 
Upon review of the record, the petitioner has failed to establish that a baccalaureate or higher degree or its 
equivalent is normally the minimum requirement for entry into the offered position, or that a degree 
requirement is common to the industry in parallel positions among similar organizations, as asserted by the 
petitioner. Factors often considered by CIS when determining these criteria include: whether the Department 
of Labor's Occupational Outlook Handbook (Handbook) reports that the industry requires a degree; whether 
an industry 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 
WAC 04 171 51279 
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degreed individuals." See Shanti, lnc. v. Reno, 36 F. Supp. 2d 1 15 1, 1 165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Sava, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of the proffered position, though vaguely described, fall within those noted 
for lodging managers. The Handbook notes that hotels increasingly emphasize specialized training for 
lodging managers. Postsecondary training in hotel or restaurant management is preferred for most hotel 
management positions, but a college liberal arts degree may be sufficient when coupled with related hotel 
experience. In the past, many managers were promoted from the ranks of hotel staff. Although some 
employees still advance to hotel management positions without education beyond high school, postsecondary 
education is preferred. There are over 800 educational facilities that have programs leading to recognition in 
hotel or restaurant management. They include community colleges, junior colleges, universities, vocational 
and trade schools. The petitioner has, therefore, failed to establish that a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is normally the minimum requirement fro entry into the offered position. 
8 C.F.R. tj 214.2(h)(4)(iii)(A)(I). Furthermore, for positions requiring a baccalaureate level education, 
degrees in a wide range of educational disciplines are acceptable. A degree in a specific specialty is not 
required. 
The petitioner has also failed to establish that a degree requirement, in a specific specialty, is common to the 
industry in parallel positions among similar organizations, and offers no evidence in this regard. The 
petitioner has failed to establish the referenced criterion at 8 C.F.R. 214.2(h)(4)(iii)(A)(2). 
The petitioner offers no evidence to establish that it normally requires a degree or its equivalent for entry into 
the proffered position. The petitioner has, therefore, failed to establish the criterion at 8 C.F.R. 
$ 2 1 4.2(h)(4)(i i i)(A)(3). 
Finally, the duties to be performed by the beneficiary are not so specialized or complex that knowledge 
required to perform them is usually associated with the attainment of a baccalaureate or higher degree in a 
specific specialty. Nor are the duties so complex or unique that they can be performed only by an individual 
with a degree in a specific specialty. The duties are routine for the lodging manager position in the industry. 
The petitioner has failed to establish the referenced criteria at 8 C.F.R. $3 214.2(h)(4)(iii)(A)(2) or (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 29 1 of the Act, 8 U.S.C. fj 1361. 
The petitioner has failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied