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 
Services 
FILE: EAC 04 027 53223 Office: VERMONT SERVICE CENTER Date: JAN ]I 3 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOl(a)(lJ)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 lOl(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 04 027 53223 
Page 2 
DISCUSSION: The director denied the nonimmigrant visa petition and dismissed a subsequent motion 
to reopen. 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 its manager. The petitioner, therefore, 
endeavors to classify the beneficiary as a nonirnmigrant worker in a specialty occupation pursuant to section 
lOI(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. S; 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the basis that the petitioner had failed to establish that the proposed 
position qualifies for classification as a specialty occupation under the criteria set forth at 8 C.F.R. 
S; 2 1 4.2(h)(4)(iii)(A). 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. S; 1184(i)(1), 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. $ 2 14.2(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. $i 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. 
EAC 04 027 53223 
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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 proposed position. 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's request for evidence (RFE); (3) the petitioner's RFE response and supporting documentation; 
(4) the director's denial letter; (5) the petitioner's motion to reopen; (6) the director's dismissal of the 
petitioner's motion; and (7) the Form I-290B and supporting documentation. The AAO reviewed the record 
in its entirety before issuing its decision. 
The petitioner's October 17, 2003 letter of support stated that the duties of the proposed position would 
involve supervising and coordinating the activities of workers engaged in the taking, recording, and canceling 
of reservations in the fiont office. The beneficiary would also be required to develop and implement the 
general sales policy of the hotel and restaurant in coordination with the financial department, execute thls 
sales policy, handle personnel management, and promote the business as it opens to new markets. 
The director denied the petition, finding that the petitioner had satisfied none of the four criteria set forth at 
5 2 14.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for classification 
as a specialty occupation. On appeal, counsel contends that the director erred in denying the petition, and that 
the proposed position is in fact a specialty occupation. 
Counsel submitted the Form I-290B on July 1, 2004. Although counsel submitted a letter with the Form 
I-290B, she also marked the box at section two of the Form I-290B to indicate that a brief and/or evidence 
would be sent within 30 days. The AAO never received this additional brief and/or evidence. As such, 
the AAO faxed a follow-up letter to counsel's office on December 22, 2005, requesting that the brief 
and/or additional evidence be sent within five business days. 
Counsel responded to the AAO's facsimile on December 29, 2005 and indicated that she had not sent the 
brief andlor additional evidence within the 30-day period in 2004. Thus, the AAO deems the record 
complete and ready for adjudication. 
In determining whether a proposed 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 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
The Handbook discusses the duties and educational qualifications of lodging managers. The Handbook 
offers the following information: 
A comfortable room, good food, and a helpflu1 staff can make being away from home an 
enjoyable experience for both vacationing families and business travelers. While most 
lodging managers work in traditional hotels and motels, some work in other lodging 
establishments, such as camps, inns, boardinghouses, dude ranches, and recreational 
resorts. In full-service hotels, lodging managers help their guests have a pleasant stay by 
providing many of the comforts of home, including cable television, fitness equipment, 
and voice mail, as well as specialized services such as health spas. For business travelers, 
EAC 04 027 53223 
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lodging managers often schedule available meeting rooms and electronic equipment, 
including slide projectors and fax machines. 
Lodging managers are responsible for keeping their establishments efficient and 
profitable. In a small establishment with a limited staff, the manager may oversee all 
aspects of operations. However, large hotels may employ hundreds of workers, and the 
general manager usually is aided by a number of assistant managers assigned to the 
various departments of the operation. In hotels of every size, managerial duties vary 
significantly by job title. 
General managers, for example, have overall responsibility for the operation of the hotel. 
Within guidelines established by the owners of the hotel or executives of the hotel chain, 
the general manager sets room rates, allocates funds to departments, approves 
expenditures, and establishes expected standards for guest service, decor, housekeeping, 
food quality, and banquet operations. Managers who work for chains also may organize 
and staff a newly built hotel, refurbish an older hotel, or reorganize a hotel or motel that 
is not operating successfully. In order to fill entry-level service and clerical jobs in 
hotels, some managers attend career fairs. 
The Handbook provides the following information regarding the educational background necessary for 
entry into the field: 
Hotels increasingly emphasize specialized training. Postsecondary training in hotel or 
restaurant management is preferred for most hotel management positions, although a 
college liberal arts degree may be sufficient when coupled with related hotel experience. 
Internships or part-time or summer work are an asset to students seeking a career in hotel 
management. The experience gained and the contacts made with employers can greatly 
benefit students after graduation. Most bachelor's degree programs include work-study 
opportunities. 
Community colleges, junior colleges, and some universities offer associate's, bachelor's, 
and graduate degree programs in hotel or restaurant management. Combined with 
technical institutes, vocational and trade schools, and other academic institutions, over 
800 educational facilities have programs leading to formal recognition in hotel or 
restaurant management. Hotel management programs include instruction in hotel 
administration, accounting, economics, marketing, housekeeping, food service 
management and catering, and hotel maintenance engineering. Computer training also is 
an integral part of hotel management training, due to the widespread use of computers in 
reservations, billing, and housekeeping management. 
Additionally, over 450 high schools in 45 States offer the Lodging Management Program 
created by the Educational Institute of the American Hotel and Lodging Association. This 
is a two-year program offered to high school juniors and seniors, which teaches 
management principles and leads to a professional certification called the "Certified 
Rootns Division Specialist." Many colleges and universities grant participants credit 
towards a post-secondary degree in hotel management. 
Thus, the Hunribook's findings do not support counsel's contention that a bachelor's degree is required 
for entry into the field, as it reports that postsecondary training is "preferred by many en~ployers. 
EAC 04 027 53223 
Page 5 
Employer preferences do not equate to employer requirements, and do not rise to the "normally required 
standard imposed by the regulation. Such a preference for postsecondary "training" does not equate to a 
bachelor's degree or university coursework. As the Handbook notes, institutions offering hotel or 
restaurant management courses include technical institutes and vocational and trade schools, as well as 
community, junior, and four-year colleges. 
Therefore, the proposed position does not qualify as a specialty occupation under 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A)(I). 
Nor does the proposed position qualify as a specialty occupation under either prong of 8 C.F.R. 
13 214.2(h)(4)(iii)(A)(2). The first prong of ths regulation requires a showing that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. However, no 
evidence to satisfy this prong has been submitted. 
The second prong of 8 C.F.R. $ 214.2(h)(4)(iii)(A)(2) requires the petitioner to prove that the duties of the 
proposed position are so complex or unique that only an individual with a degree can perform them. The 
nature of the duties of the proposed position as set forth in the petition does not support such a finding, as 
they are similar to the positions discussed in the Handbook, which do not require a degree. The record 
contains no documentation to support a finding that the proposed position is more complex or unique than 
hotel managers at other, similar organizations. 
Therefore, the petitioner cannot establish that the proposed position qualifies as a specialty occupation under 
either prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2). 
Nor does the proposed position qualify as a specialty occupation under 8 C.F.R. 3 214.2(h)(4)(iii)(A)(3), 
which requires a showing that the petitioner normally requires a degree or its equivalent for the proposed 
position. To determine a petitioner's ability to meet this criterion, the AAO normally reviews the petitioner's 
past employment practices, as well as the histories, including names and dates of employment, of those 
employees with degrees who previously held the position, and copies of those employees' diplomas. 
The submitted evidence fails to establish the third criterion, as no evidence to support the assertion that the 
petitioner normally requires a degee or its equivalent has been presented. The petitioner has submitted a 
letter, in which it states the following: 
I checked with Choice hotels and they require that all general managers of their upper 
brands such as Quality, and Clarion have a bachelor's degree. They also require a 
minimum of 40 hours a year [of] attendance at their educational seminars for which you 
get a certificate. These are the requirements of their Franchior Choice Hotels, 
International, Inc. [sic]. 
Additionally, counsel states on appeal that "we specifically stated that Choice Hotels requires its 
franchisees to only hire holders of bachelor's degrees[,] preferably in a related field." 
However, no supporting evidence has been supplied to verify these statements. Simply going on record 
without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings. Mutter of' Sofjici, 22 I&N Dec. 158, 165 (Com~n. 1998) (citing Mutter c!f Treasure 
C~.yft of Chliforrziil, 14 I&N Dec. 190 (Reg. Comm. 1972)). Nor can counsel's unsupported statement 
that the petitioner requires a degree satisfy this criterion, as the unsupported assertions of counsel do not 
constitute evidence and will not satisfy the petitioner's burden of proof. Mutter oj'oh~rigbenu, 19 I&N 
EAC 04 027 53223 
Page 6 
Dec. 533, 534 (BIA 1988); Matter of'laureano, 19 I&N Dec. I (BIA 1983); Mutter ofRamirez-Sanchez, 
17 I&N Dec. 503,506 (BIA 1980). 
Moreover, the petitioner's letter did not state that a degree in a specific course of study is required. The 
director highlighted this issue in her dismissal of the motion to reopen. On appeal, counsel concedes that 
a degree in a specific field is not required: 
Further, although a degree in a specitic field is not required, the beneficiary's degree is 
for hotel management - so the degree is completely correct. The examiner is incorrect in 
his reading of the law related to [the] H-lB. A degree in a specific field[,] while making 
the easier case, has never been a requirement for H-1 B qualification. . . . The examiner 
seems to believe that only positions that state a requirement for a degree in a specific 
field are H-1B qualified. 
However, as noted previously, CIS interprets the term "degree" in the criteria at 8 C.F.R. 
5 214.2(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 proposed position. When a range of degrees, e.g., the liberal arts, or a degree 
of generalized title without hrther specification, e.g., business administration, can perform a job, the position 
does not qualify as a specialty occupation. See Mutter oj' Michael Hertz Associutes, 19 I&N Dec. 558 
(Comm. 1988). To prove that a job requires the theoretical and practical application of a body of specialized 
knowledge as required by Section 2 14(i)(l) of the Act, a petitioner must establish that the position requires the 
attainment of a bachelor's or higher degree in a specialized field of study. 
Therefore, the proposed position does not qualify as a specialty occupation under the criteria set forth at 
8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criterion at 8 C.F.R. fj 214.2(h)(4)(iii)(A)(#), which requires a 
demonstration that 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 of the proposed position 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. Again, there is no information in the record to 
support a finding that the proposed position is more complex or unique than similar positions in other, 
similar organizations. Therefore, the evidence does not establish that the proposed position is a specialty 
occupation under 8 C.F.R. 214.2(h)(4)(iii)(A)(4). 
The petitioner has failed to establish that the position qualifies for classification as a specialty occupation 
under any of the criteria set forth at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I), (2), (3), and (4). Accordingly, the 
AAO will 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. 
5 136 1. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.