dismissed H-1B Case: Hotel Management

identify& data deleted to 
prevent clearly unwarranted 
inhim of penond Wacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
FILE: LIN04266 51818 Office: NEBRASKA SERVICE CENTER Date: JUN 1 5 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(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, Chief 
Administrative Appeals Office 
LIN 04 266 51818 
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 operator and seeks to employ the beneficiary as a hotel manager. It endeavors to classify 
her as a nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(l S)(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 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. 5 1 lOl(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. 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 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. 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; 
LIN 04 266 51818 
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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. 
8 214.2(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) 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 hotel manager. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Ensure the efficient and profitable operation of the hotel; 
Allocate funds, authorize expenditures, and assist in planning budgets; 
Establish standards for personnel administration and performance; 
Provide service to patrons; 
Establish room rates; 
Publicize the food service and type of patronage to be solicited; 
Respond to customer complaints and resolve problems; 
Interview, hire and evaluate personnel; 
Delegate authority and assign responsibility to department heads; and 
Plan dining room, bar and banquet operations. 
The petitioner requires a minimum of a bachelor's degree in business administration, economics or hotel 
management for entry into the proffered position. 
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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. Factors often considered 
by CIS when determining this criterion 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 Hird/Blaker 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 are essentially 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. 
Large motel and hotel chains offer better opportunities for advancement than small independently owned 
establishments and career advancement may be accelerated by completion of certification programs offered 
by various associations. The petitioner has, therefore, failed to establish that a baccalaureate or higher degree, 
or its equivalent, in a specific specialty is normally the minimum requirement for entry into the offered 
position. 8 C.F.R. § 214.2(h)(4)(iii)(A)(l). Educational qualification for the offered position exists from 
baccalaureate level liberal arts degrees, to education earned in junior colleges or vocational and trade schools. 
The ~etitioner asserts that a deeree reauirement is common to the industrv in ~arallel Dositions among similar " 
orgaAzations, and in support thereoE submits an opinion letter from Associate 
Professor of Hotel and eight job advertisementstates that 
after reviewing an outline of the beneficiary's job duties, it is his opinion that the responsibilities associated 
with the position make a four-year degree, or its equivalent, in the area of hotel management or a related field 
a necessity. He further states that he believes that it is a general practice within the field of hotel management 
for a hotel with a gross annual income of a roximately $450,000 to hire a hotel manager with at least a 
bachelor's level or equivalent background. *does not, however, provide any basis for his opinion 
or belief as to industry educational requirements for the position, except for his education and experience. He 
does not provide or reference any labor market survey, trade publication or study, or any other source of 
authoritative information to support his opinion. Simply going on the 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 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N 190 (Reg. 
Comm. 1972)). The AAO will afford Dr. Sturman's opinion little weight since he provides no basis for his 
opinion. CIS may, in its discretion, use as advisory opinion 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 (Comm. 1988). opinion does not establish that a degree in a specific specialty is common 
to the industry in parallel positions among similar organizations for the offered position. 
LIN 04 266 51818 
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The eight job advertisements submitted also fail to establish that a degree in a specific specialty is common to 
the industry for parallel positions in similar organizations. One advertisement for a hotel general manager 
states that a bachelor's degree fiom a four-year college or university, or one to two years related experience 
and training will qualify applicants for the position. The advertisement does not state that the college degree 
need be in any specific field of study. Further, one or two years of related experience is not equivalent to a 
baccalaureate level education. Four advertisements state that a four-year college degree or equivalent 
educationlexperience is required for the position. Again, the advertisements do not require the degree to be in 
any specific specialty. The remaining three advertisements state that a "bachelor's degree in HotelIRestaurant 
Management or Business is a plus," but do not otherwise state that a degree in any specific discipline is 
required for the advertised positions. The petitioner has not established the referenced criterion at 8 C.F.R. 
5 214.2(h)(4)(iii)(A)(2). 
The petitioner does not state that it normally requires a degree in a specific specialty for the offered position, 
and offers no evidence in this regard. The petitioner has not established the criterion at 8 C.F.R. 
2 1 4.2(h)(4)(iii)(A)(3). 
Finally, the petitioner has not established that the duties of the offered position are so complex or unique that 
they can only be performed by an individual with a degree in a specific specialty, or that the duties are 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. The duties described by the petitioner appear to be 
routine for hotel managers and regularly performed by individuals with a wide range of education and/or 
experience. Reference is again made to the opinion letter submitted 
states that due to the diversity of the duties to be performed, a bachelor's degree in hotel management or a 
related field would be required for the position. He provides no basis for this statement except to state that it 
is his opinion. He does not explain why his opinion differs from other authoritative information, such as that 
contained in the Handbook, or explain what about the duties to be performed is different or more complex 
than the duties performed by other hotel managers in similar organizations. The duties of the position 
detailed by the petitioner are general hotel management duties that are routine in the industry. They are 
neither unique or so complex that they can only be performed by someone with a degree in a specific 
specialty. As noted in the Handbook, hotel management positions are regularly performed by individuals 
with less than a baccalaureate level education. The petitioner has failed to establish the referenced criteria at 
8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(2) or (4). 
The petitioner has failed to establish that the offered position meets any of the criteria listed at 8 C.F.R. 
5 214.2(h)(4)(iii)(A). 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 and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.