dismissed H-1B Case: Hotel Business

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services b c-, 
b 
FILE: WAC 04 056 53405 Office: CALIFORNIA SERVICE CENTER Date: ie4y 2aa 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(lS)(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 
Adminisb-ative Appeals Office 
WAC 04 056 53405 
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 engaged in the development and management of hotel business and investment activities and 
seeks to employ the beneficiary as a business development analyst. The petitioner endeavors to classify the 
beneficiary as a nonirnrnigrant worker in a specialty occupation pursuant to section lOl(a)(15)(H)(i)(b) of the 
Imrmgration 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 does not qualify as a specialty occupation. On 
appeal, counsel submits a brief 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 5)(H)(i)(b) of the Act, 8 U.S.C. 5 11 01 (a)(l 5)(H)(i)(b), provides, in part, for the 
classification of qualified nonimrnigrant 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. 5 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. 5 214.2(h)(4)(ii) as: 
[A]n occupation whch requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, archtecture, 
engneering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and whch 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. 5 214.2(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; 
WAC 04 056 53405 
Page 3 
(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. 
214.2@)(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 a business development analyst. Evidence of the 
beneficiary's duties includes the Form 1-129 petition with attachment, the petitioner's response to the 
director's request for evidence, and its appeal. According to this evidence the beneficiary would: 
Maintain and update company information systems on current and potential competitors in the 
domestic and international markets; 
Design and research formats to gather guest information on current demands and future market 
trends; 
Analyze market information and recommend business strategy; 
r Perform market prioritization based on hotel guest information and the various market research tools 
available; 
Set up media delivery goals and ensure that they are achieved; 
r Evaluate different media by using marketlmedia research and then determine the appropriate media 
for each market; 
r Conduct guest surveys to obtain business information about hotel services; and 
Prepare reports on findings for management determination. 
The petitioner requires a minimum of a bachelor's degree in business administration or a related discipline for 
entry into the proffered position. 
WAC 04 056 53405 
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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 
degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting 
Hivd/Blakev Corp. v. Suva, 712 F. Supp. 1095,1102 (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, appear to fall within 
those noted for advertising, marketing, promotions, public relations, and sales managers, not market research 
analysts as stated by the petitioner. The Handbook notes that market research analysts are concerned with the 
potential sales of a product or service. They analyze statistical data on past sales to predict future sales. In 
doing so, these analysts gather data on competitors and analyze prices, sales, and methods of marketing and 
distribution. They devise methods and procedures for obtaining needed data and evaluate the data making 
recommendations to their client or employer based upon their findings. Marketing research analysts generally 
possess master's degrees in the private sector and survey research jobs. 
The duties to be performed by the beneficiary, however, do not entail pure market research, but involve 
research normally performed by marketing managers plus additional responsibilities that would be performed 
by marketing managers and related positions. For example, the beneficiary would analyze market 
information pertinent to its hotel business. He would obtain information from hotel customers and the 
available market, recommend business/marketing strategies for obtaining new business, prioritize that 
information, and decide on effective media delivery methods for reaching customers and obtaining new 
business. The Handbook notes that a wide range of educational backgrounds is suitable for entry into 
advertising, marketing, promotions, and public relations positions, but that many employers prefer related 
experience plus a broad liberal arts background. Bachelor's degrees in sociology, psychology, literature, 
journalism, philosophy, or other subjects are suitable. Requirements will vary, however, depending on the 
duties of a particular position. For example, some employers prefer a bachelor's or master's degree in 
business administration with an emphasis in marketing, for marketing, sales, and promotion management 
positions. In highly technical industries such as computer and electronics manufacturing a degree in 
engineering or science combined with a business degree may be preferred. In public relations management 
positions some employers prefer a bachelor's or master's degree in public relations or journalism. The 
Handbook further notes that most advertising, marketing, promotions, public relations, and sales management 
positions are filled by promoting experienced staff or related professional or technical personnel. Many 
managers are former sales representatives, purchasing agents, or promotions specialists. A baccalaureate or 
higher degree in a specific specialty or its equivalent is not, therefore, the minimum requirement for entry into 
the position. A degree in a wide range of disciplines will suffice. The petitioner has, accordingly, failed to 
establish the first criterion of 8 C.F.R. tj 214.2(h)(4)(iii)(A). 
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. In support of this assertion the petitioner 
WAC 04 056 53405 
Page 5 
submitted copies of several job advertisements. Those advertisements do not establish the referenced 
regulatory criterion, however. One of the advertisements is for a regional operations manager for a hotel 
chain, and is not a parallel position to that offered by the petitioner. Another is for a marketing research 
analyst position with an unknown company and duties that do not appear to be similar to that of the offered 
position. Only one advertisement requires a degree in a specific specialty (a bachelor's degree in economics 
or business.) That advertisement, however, is not with an organization similar to that of the petitioner and is 
not in the same industry as that of the petitioner. The remaining advertisements are for sales 
managementlmarketing management or related positions, and indicate that bachelor's degrees are required, or 
preferred, but do not state that a bachelor's degree in any particular discipline is a minimum requirement. The 
advertisements tend to support the findings of the Handbook, that degrees in a wide range of educational 
disciplines will provide the educational background necessary to perform the duties of the positions. The 
advertisements are, therefore, of little evidentiary value and do not establish the referenced criterion at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
The petitioner does not assert that it normally requires a degree in a specific specialty for the offered position 
as the position appears to be new with the company. The regulatory criterion at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A)(3), therefore, has not been established. 
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 as defined, appear to be routine for the position in the industry. The 
petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(2) or (4). 
Finally, counsel asserts that the proffered position qualifies as a specialty occupation based upon the SVP 
rating assigned to the position in the Dictionary of Occupational (DOT) titles. 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. An SVP rating is 
meant to indicate only the total number of years of vocational preparation required for a particular position. It 
does not describe how those years are to be divided among training, formal education, and experience, and it 
does not specify the particular type of degree, if any, that a position would require. For this reason, the 
director did not err in discounting the DOT information. 
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. 5 136 1. 
The petitioner has failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.