dismissed H-1B Case: Hotel Management

idmtifying data deleted to 
psvent clearly unwammtd 
inmion of pacwl prim 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (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 Mher inquiry must be made to that office. 
ad&z@ 
Robert P. Wiem , Chief 
Administrative Appeals Office 
EAC 04 261 53314 
Page 2 
DISCUSSION: The director of the service center denied the nonirnmigrant 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 that seeks to employ the beneficiary as an assistant room service manager. The 
petitioner, therefore, endeavors to classify the beneficiary as a nonirnmigrant 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 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. Counsel submits 
a timely appeal. 
Section 214(i)(l) of the Act, 8 U.S.C. 
 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. 
Pursuant to 8 C.F.R. 3 214.2(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. 
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at 
8 C.F.R. 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 
EAC 04 261 53314 
Page 3 
director's denial letter; and (5) the Form I-290B, the appeal brief, and supporting documentation. The AAO 
reviewed the record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an assistant room service manager. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's 
support letter; and the petitioner's response to the director's request for evidence. According to the job 
description entitled "Room Service Manager," the beneficiary's duties are as follows: interview, hire, 
discipline, manage, and direct room service, mini bar and tea service staff of 15 employees; participate in and 
develop staff training programs and ensure that the staff is certified and retrained; ensure work schedules for 
all areas of room service, mini bar and tea service are prepared and meet labor standards and budgetary 
concerns such as hotel profitability and cost containment; order food and beverage supplies and maintain 
inventory for all shifts; work hands-on in taking orders, prep, set up, delivery and cleaning-up along with the 
service staff; assist in developing menus and promotions; interact with guests and obtain feedback from them 
through verbal, written, and guest satisfaction reports; evaluate guest information to determine the action to 
improve and maintain service; respond to guest problems and complaints to ensure satisfaction of guests' stay 
and accommodate special requests; meet with assistants and line staff to review daily activities, group 
business, and amenities regarding in-room dining; have operation knowledge regarding room service 
equipment and software; oversee bookings and service for all hospitality suites and group functions; ensure 
room service staff are aware of emergency and fire procedures; handle emergency situations; maintain an 
effective flow of communication from room service to all departments; create, revise, and maintain room 
service policies, procedures, and operating standards; supervise and train staff to ensure compliance with 
hotel policies and procedures by room service staff; handle reservations for tea service; review overtime, 
supply requisitions, and cashier procedures; maintain statistical data that covers forecasts, revenues, and 
average checks to predict future potentials and to assist with forecasting and budgeting; keep a positive 
attitude and recognize a successor; maintain a close relationship with sales, catering, and convention services 
departments; ensure the accurate execution of group contracts, menus, billing information, and special 
requests; ensure staff is aware of special handling, room capacities, menus, set up, etc.; prepare special reports 
and handle special projects and assignment as directed by the Food and Beverage Director; be familiar with 
local, federal, and state regulations. For the proposed position, the petitioner asserts that it requires at least a 
baccalaureate degree in hotel management and related experience which includes food and beverage 
experience and interpersonal and leadership skills. 
The director denied the petition, finding that the offered position fails to qualify as a specialty occupation. 
The director found the facts in Matter of Sun, 12 I&N Dec. 535 (DD 1966), a case concerning a hotel 
manager position, different from those in the instant petition. According to the director, the hotel manager in 
Matter of Sun managed an entire hotel; the duties of the assistant room service manager, whlch is the position 
presented here, are more limited in nature and scope than a hotel manager of an entire hotel. The director 
found the information in the Dictionary of Occupational Titles (DOT) failed to establish the offered position 
as a specialty occupation. 
On appeal, counsel states that the evidence submitted on appeal describes the beneficiary's coursework and 
how it corresponds to the proposed duties. Counsel submits a job posting to demonstrate that the petitioner's 
EAC 04 261 53314 
Page 4 
degree requirement is common to the industry in parallel positions among similarly elite hotels. According to 
counsel, the spreadsheet submitted on appeal reflects that the petitioner normally requires a bachelor's degree 
for the proposed position. Counsel submits a field memorandum which discusses Specific Vocational 
Preparation (SVP) ratings. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. 5 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The MO first considers the criteria at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. Factors oRen 
considered by CIS when determining these criteria include: whether the 2006-2007 edition of the Department of 
Labor's Occupational Outlook Handbook (the Handbook) reports that the industry requires a degree; whether 
the industry's 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 fms "routinely employ and recruit only 
degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1 15 1, 1165 (D.Minn. 1999)(quoting Hird/Blaker 
Corp. v. Sava, 712 F. Supp. 1095,1102 (S.D.N.Y. 1989)). 
In determining whether a 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. 
Counsel's reference to and assertions about the relevance of information from the DOT is not persuasive. 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. 
The MO routinely consults the Handbook for its information about the duties and educational requirements 
of particular occupations. The Handbook reveals that the proposed duties are a combination of those of a 
food service manager and a food and beverage manager. The Handbook describes those occupations as 
follows: 
Food service managers are responsible for the daily operations of restaurants and other 
establishments that prepare and serve meals and beverages to customers. Besides 
coordinating activities among various departments, such as lutchen, dining room, and banquet 
operations, food service managers ensure that customers are satisfied with their dining 
EAC04261 53314 
Page 5 
experience. In addition, they oversee the inventory and ordering of food, equipment, and 
supplies and arrange for the routine maintenance and upkeep of the restaurant, its equipment, 
and facilities. Managers generally are responsible for all of the administrative and human- 
resource functions of running the business, including recruiting new employees and 
monitoring employee performance and training. 
Food and beverage managers oversee all food service operations maintained by the hotel. 
They coordinate menus with the Executive Chef for the hotel's restaurants, lounges, and 
room service operations. They supervise the ordering of food and supplies, direct service and 
maintenance contracts within the lutchens and dining areas, and manage food service 
budgets. 
The beneficiary's duties are encompassed within those of a food service manager and a food and beverage 
manager. The beneficiary, for example, will manage and direct room service, mini bar and tea service staff of 
15 employees; order food and beverage supplies and maintain inventory; assist in developing menus and 
promotions; interact with guests and obtain feedback from them; and maintain statistical data that covers 
forecasts, revenues, and average checks for forecasting and budgeting purposes. 
The Handbook indicates that employers do not require a baccalaureate degree in hotel management for a 
managerial position in the hotel industry. The Handbook states: 
Hotels increasingly emphasize specialized training. Postsecondary training in hotel, 
restaurant, or hospitality management is preferred for most hotel management positions; 
however, a college liberal arts degree may be sufficient when coupled with related hotel 
experience or business education. Internships or part-time or summer work experience in a 
hotel 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 
degree programs include work-study opportunities. 
Community colleges, junior colleges, and many universities offer certificate or degree 
programs in hotel, restaurant, or hospitality management leading to an associate, bachelor, or 
graduate degree. Technical institutes, vocational and trade schools, and other academic 
institutions also offer courses leading to formal recognition in hospitality management. In 
total, more than 800 educational facilities provide academic training for would-be lodging 
managers. Hotel management programs include instruction in hotel adrmnistration, 
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. 
According to the Handbook, employers do not require a baccalaureate degree in hotel management for a food 
services manager position. It states: 
EAC 04 261 53314 
Page 6 
Experience in the food services industry, whether as a full-time waiter or waitress or as a 
part-time or seasonal counter attendant, is essential training for a food services manger. Many 
food service management companies and national or regional restaurant chains recruit 
management trainees from 2- and 4-year college hospitality management programs which 
require internships and real-life experience to graduate. Some restaurant chains prefer to hire 
people with degrees in restaurant and institutional food service management, but they often 
hire graduates with degrees in other fields who have demonstrated experience, interest and 
aptitude. Many restaurant and food service manager positions-particularly self-service and 
fast-food-are filled by promoting experienced food and beverage preparation and service 
workers. Waiters, waitresses, chefs, and fast-food workers demonstrating potential for 
handling increased responsibility sometimes advance to assistant manager or management 
trainee jobs. Executive chefs need extensive experience working as chefs, and general 
managers need prior restaurant experience, usually as assistant managers. 
A bachelor's degree in restaurant and food service management provides particularly strong 
preparation for a career in this occupation. Almost 1,000 colleges and universities offer 4- 
year programs in restaurant and hospitality management or institutional food service 
management; a growing number of university programs offer graduate degrees in hospitality 
management or similar fields. For those not interested in pursuing a 4-year degree, 
community and junior colleges, technical institutes, and other institutions offer programs in 
the field leading to an associate degree or other formal certification. Both 2- and 4-year 
programs provide instruction in subjects such as nutrition, sanitation, and food planning and 
preparation, as well as accounting, business law and management, and computer science. 
Some programs combine classroom and laboratory study with internships providing on-the- 
job experience. In addition, many educational institutions offer culinary programs in food 
preparation. Such training can lead to a career as a cook or chef and provide a foundation for 
advancement to an executive chef position. Many larger food service operations will provide, 
or offer to pay for, technical training, such as computer or business courses, so that 
employees can acquire the business skills necessary to read a spreadsheet or understand the 
concepts and practices of running a business. Generally, this requires a long-term 
commitment on the employee's part to both the employer and to the profession. 
The AAO agrees with the director's conclusion that Matter of Sun fails to establish the offered position as a 
specialty occupation. The director correctly distinguished the facts and context of the position in Matter of 
Sun from the position that is presented here. In Matter of Sun the hotel manager was responsible for 
managing the operations of a large hotel; here, the beneficiary's management of operations is limited to room 
service, the mini bar, and tea service. Consequently, the beneficiary's responsibilities differ in scope and 
complexity from those of a hotel manager who is responsible for the entire operations of a large hotel. 
Further, because Matter of Sun was decided in 1966 it did not involve the application of the specialty 
occupation criteria, as this was legislated 20 years later. 
EAC 04 261 53314 
Page 7 
The AA07s conclusion, from the evidence to which it has referred above, is that the petitioner fails to satisfy 
the first criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A), which is that a baccalaureate or higher degree or its 
equivalent in a specific specialty is the normal minimum requirement for entry into the particular position. 
To establish the first alternative prong at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2) - that a specific degree requirement 
is common to the industry in parallel positions amon similar or anizations - counsel refers to a job posting 
that seeks a room service manager for the m~ This evidence is not persuasive in 
demonstrating the petitioner's requirement of a bachelor's degree in hotel management as the job posting 
does not state that such a degree is required for the position. Moreover, the has 1,427 
guest rooms; thus, it is far larger than the petitioner, which has 263 guest rooms. Thus, the job posting fails to 
demonstrate that a specific degree requirement is common to the industry in parallel positions among similar 
organizations. 
The petitioner has not satisfied the second alternative prong at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2) as no 
evidence in the record shows the proffered position is so complex or unique that it can be performed only by 
an individual with a degree. Furthermore, the Handbook reveals that a baccalaureate degree in a specific 
specialty such as hotel and restaurant management is not normally required for a managerial position in the 
hotel industry or for a food service manager, and the record fails to establish how the proffered duties as there 
listed are more complex than or unique from the range of duties usually performed by persons in similar 
positions who do not have at least a baccalaureate or the equivalent in a job-related specialty. Thus, the 
petitioner fails to establish the second alternative prong at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2). 
To establish the regulation at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(3), that the petitioner normally requires a degree or 
its equivalent for the position, counsel refers to the petitioner's spreadsheet. The spreadsheet reflects that 12 of 
the petitioner's former and current employees held a bachelor's degree in a field relating to the proposed position. 
This evidence is not persuasive, however. The petitioner's creation of a position with a perfunctory bachelor's 
degree requirement will not mask the fact that the position is not a specialty occupation. CIS must examine 
the ultimate employment of the alien, and determine whether the position qualifies as a specialty occupation. 
Cf: Defensor v. Meissner, 201 F. 3d 384 (5~ Cir. 2000). The critical element is not the title of the position or an 
employer's self-imposed standards, but whether the position actually requires the theoretical and practical 
application of a body of highly specialized knowledge, and the attainment of a baccalaureate or higher degree 
in the specific specialty as the minimum for entry into the occupation as required by the Act.' To interpret the 
regulations any other way would lead to absurd results: if CIS were limited to reviewing a petitioner's self- 
imposed employment requirements, then any alien with a bachelor's degree could be brought into the United 
States to perform a menial, non-professional, or an otherwise non-specialty occupation, so long as the 
employer required all such employees to have baccalaureate or higher degrees. See id. at 388. As discussed 
earlier in this decision, the Handbook shows that the proposed duties are encompassed within those of a food 
1 
 The court in Defensor v. Meissner observed that the four criteria at 8 C.F.R. 214.2(h)(4)(iii)(A) present 
certain ambiguities when compared to the statutory definition, and "might also be read as merely an additional 
requirement that a position must meet, in addition to the statutory and regulatory definition." See id. at 387. 
EAC 04 261 53314 
Page 8 
service manager and a food and beverage manager, which are occupations that do not require in a bachelor's 
degree in a specific field or narrow range of disciplines. Thus, the evidence in the record fails to establish 
8 C.F.R. fj 214.2(h)(4)(iii)(A)(3). 
To satisfy the regulation at 8 C.F.R. fj 214.2(h)(4)(iii)(A)(4), the petitioner must establish that the nature of 
the specific duties is so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree. No evidence in the record demonstrates 
that the nature of this particular proposed position is so specialized and complex as to require a baccalaureate 
degree in hotel management. On the face of the duties as described in this record, it is not apparent that they 
are so specialized or complex that their performance requires the application of highly specialized knowledge 
that is usually associated with at least a bachelor's degree in a specific specialty. Further, to the extent 
described in the record, the duties of the particular position proffered here do not appear more complex and 
specialized than those that the Handbook ascribes to food service managers and food and beverage service 
managers, and the Handbook does not indicate that such positions normally require or are usually associated 
with at least a baccalaureate degree in a specific specialty; the record contains no evidence that documents the 
proffered position as so complex and specialized as to require the knowledge usually associated with at least a 
bachelor's degree in a specific specialty. For this reason, the petitioner fails to establish the last criterion at 
8 C.F.R. fj 214.2(h)(4)(iii)(A)(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 on this 
ground. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. !j 1361. 
The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.