dismissed H-1B Case: Hotel Management

U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: SRC 04 056 50713 Office: TEXAS SERVICE CENTER a: SFP 1 9 2005 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 3 I 101 (a)(IS)(W)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision af the Administrative Appeals Office in your case. All materials 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 
04 056 50713 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition. The matter is now on 
appeal before the Administrative Appeals Office (AAO). The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a hotel management company. It seeks to employ the beneficiary as a front desk or hotel 
manager and to classify him as a nonimmigrant ,worker in a specialty occupation pursuant to section 
lOl(a)(l5)(H)(i)(b) of the gration and Nationality Act (the Act), 8 U.S.C. 5 I lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the ground that the record did not establish that the proffered position 
qualifies as a specialty occupation. 
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. 
As provided in 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 emnployer 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 "degree7' 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 proffered position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting docurnentation; (2) 
the director's request for evidence (RFE); (3) the petitioner's response to the ; (4) the director's 
decision; and (5) Form I-290B, counsel's appeal brief, and supporting materials. The AAO reviewed the 
record in its entirety before issuing its decision. 
SRC 04 056 50713 
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On Form 1-129 and an accompanying letter the petitioner describes itself as a hotel management company 
formed in 1997, with 142 employees and gross annual income of approximately $14.5 million, that 
maintains franchises with several hotel chains such as Sheraton, Hampton Inn, Holiday Inn, Quality Inn, 
and Comfort Inns. The petitioner stated that it intends to hire the beneficiary as front desk manager of its 
Quality Inn located in Lexington, North Carolina. The duties of the job are described as follows: 
Manages hotel or motel to ensure efficient and profitable operation. Establishes 
standards for personnel administration and performance, service to patrons, room rates, 
advertising, publicity, credit, food selection and service, and type of patronage to be 
solicited. Plans dining room, bar and banquet operations. Allocates funds, authorizes 
expenditures, and assists in planning budgets for departments. Interviews, hires, and 
evaluates personnel. Answers patrons' complaints and resolves problems. Delegates 
authority and assigns responsibilities to department heads. Inspects guests' rooms, public 
access areas, and outside grounds for cleanliness and appearance. Processes reservations 
and adjusts guests' complaints when working in small motels or hotels. 
The petitioner stated that the minimum educational requirement for the position is a bachelor's degree in 
hotel management, business, or a related field. The beneficiary qualifies for the job, the petitioner 
indicated, by virtue of his bachelor of science from the College of Hospitality, Retail, and Sport 
Management of the University of South Carolina, granted on May 12, 2001, as well as a previously 
earned master of business administration (M.B.A.) from The Ohio University, granted in August 1995. 
In response to the HiFE counsel indicated that the proffered position is actually that of a hotel manager, 
even though the petitioner calls it a front desk manager. Counsel submitted a list of individuals it claims 
are currently employed by the petitioner as general managers in various of its franchise hotels as evidence 
that the petitioner normally requires a bachelor's degree or its equivalent for the position. 
The director determined that the proffered position was not a specialty occupation. Quoting an excerpt 
from the Department of Labor (DOL)'s Occupatio~zal Outlook Handbook (Handbook) about the training 
and other qualifications of lodging managers, which indicated that a variety of educational backgrounds 
and work experience could lead to a hotel management position, the director found that a baccalaureate 
degree in a field related to the proffered position is not required to perform the duties of the job. Another 
DOL publication cited by the petitioner, the Dictionaly of Occupational Titles (DOT), was dismissed by 
the director as an unpersuasive source of information about the educational requirements of hotel 
managers or other occupations. The fact that CIS may have approved other petitions for hotel manager 
positions, the director continued, does not mean that every hotel manager position qualifies as a specialty 
occupation. The circumstances of each case must be scrutinized individually. In the instant petition, the 
director stated, the evidence of record did not demonstrate that the proffered position involved the 
theoretical and practical application of a body of highly specialized knowledge that required a 
baccalaureate or higher degree in a specific specialty. The petitioner did not demonstrate that a 
baccalaureate degree is a common industry requirement for hotel manager positions by other hotels and 
motels similar to the petitioner. The director concluded that the record failed to establish that the 
proffered position qualified as a specialty occupation under any of the criteria enumerated at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A). 
SRC 04 856 50713 
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On appeal counsel asserts that the director erred in detennining that the proffered position does not 
require a baccalaureate degree and therefore does not qualify as a specialty occupation. Counsel submits 
an evaluation of the proffered position by a university professor and refers to a previous ruling by a 
district director that a hotel manager position requires a bachelor's degree or its equivalent. Counsel 
refers to its previously submitted internet job postings for hotel manager positions that required 
baccalaureate degrees, and reiterates its contention that both the Handbook and the DOT support its claim 
that a hotel manager is a specialty occupation. 
In determining whether a position meets the statutory and regulatory criteria sf a specialty occupation, 
CIS routinely consults the DOL Handbook as an authoritative source of information about the duties and 
educational requirements of particular occupations. Factors typically considered are whether the 
Handbook indicates a degree is required by the industry; whether the industry's professional association 
has made a degree a minimum entry requirement; and whether letters or affidavits from fims 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 HiraBlaker Corp. v. Suva, 
712 F.Supp. 1095, 1102 (S.D.N.Y. 1989)). CIS also analyzes the specific duties and complexity of the 
position at issue, with the Handbook's occupational descriptions as a reference, as well as the petitioner's 
past hiring practices for the position. See Shanti, Inc. v. Reno, id., at 1165-66. 
Based on the duties of the proffered position described by the petitioner, the AAO determines that the 
position fits within the Handbook's occupational category of lodging managers and accords most closely 
with the subcategories of general manager and front office manager. The duties of the occupation and the 
pertinent subcategories are described in the Handbook, 2004-05 edition, at 53-54: 
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, dCcor, 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 . . . . 
Front ofice managers coordinate reservations and room assignments, as well as train and 
direct the hotel's front desk staff. They ensure that guests are treated courteously, 
complaints and problems are resolved, and requests for special services are carried out. 
Front office managers may adjust charges posted on a customer's bill. 
With respect to the educational requirements of the occupation, the Handbook states as follows: 
SRC 04 056 50713 
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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 
.... 
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 . . . . 
In the past, many managers were promoted from the ranks of front desk clerks, 
housekeepers, waiters, chefs, and hotel sales workers. Although some employees still 
advance to hotel management positions without education beyond high school, 
postsecondary education is preferred. 
Id. at 54. Though the above quoted language does indicate that a degree in hotel management is 
increasingly favored by hotels looking for managers, it also affirms that a non-specific liberal arts degree 
may also suffice in many cases. Moreover, the Handbook also explains that post-secondary training in 
hotel management does not necessarily mean a four-year baccalaureate degree. Hotel management 
degrees are at many levels, including two-year associate, four-year baccalaureate, and graduate master's 
degrees. In addition, degrees or diplomas in hotel management may be earned from institutions outside 
the coIlege and university framework. Finally, while it may be increasingly uncommon, it is still possible 
to advance to a hotel management position with a high school education and experience in the field. 
Based on the foregoing information it is clear that a baccalaureate or higher degree in a specific specialty 
is not the normal minimum requirement for entry into a hotel management position. Therefore, the 
proffered position does not meet the first alternative criterion of a specialty occupation at 8 C.F.R. 5 214.2 
(h)(4)(iii)(A)(I). 
With regard to the DOT, supra - another DOL resource about occupations - counsel asserts that other 
occupations with an SVP ("specific vocational preparation") of 7.0 - identical to that of hotel managers - 
have been determined by CIS to be specialty occupations. The DOT (and its SVP ratings for individual 
occupations) is not a persuasive source of inforination about whether a particular job requires 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 the total number of years of vocational preparation 
required for a particular occupation. It does not specify 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 
particular position would require. Accordingly, the DOT does not establish that a baccalaureate or higher 
degree in a specific specialty is required for entry into a hotel manager position. 
As for the second alternative criterion of a specialty occupation, at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2), the 
record includes four internet job announcements by hotels seeking to fill general manager positions. Oilly 
two of the announcements specify that applicants must have a baccalaureate degree in hotel management 
or a related specialty. Another states that "[a] degree in hotel-motel management, business or related field 
or equal experience is preferred." That language does not state that a specialty degree (or equivalent 
experience) is required by the employer. Further, a general degree in business administration is not a 
SRC 04 056 50713 
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degree in a specific specialty for the purposes of establishing a specialty occupation. See Matter of 
Michael Hertz Associates, 19 I&N Dec. 558, 560 (Comm. 1988). The last job announcement does not 
identifj any particular educational requirements. Furthermore, only one of the announcements provides 
information about the size of the hotel. The petitioner does not indicate the size of the hotel that the 
beneficiary would be managing. Even if it were comparable to the advertised hotel, one comparable 
organization does not establish an industry standard. Thus, the four job announcements do not establish 
that a baccalaureate degree in a specific specialty is a common requirement for general manager positions 
among similar organizations in the hotel industry, as required for the proffered position to qualify as a 
specialty occupation under the first prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
Counsel refers to the "expert opinion evaluation" submitted on appeal by an assistant professor of 
business administration who states that "[c]ompanies seeking to employ a General Manager require 
prospective candidates to possess at least a bachelor's degree in Hotel Management, Business 
Administration, or a related field." The professor does not cite any references such as government 
surveys, industry publications, or other evidence for the basis of his opinion, which does not accord with 
the information in the DOL Handbook. The Handbook's information is based on a compilation of 
interviews with individuals employed in the occupation and by institutions that grant degrees, 
certifications, or licenses in the field, from published training materials, and from websites. See 
Handbook, id., at 19. CIS may, in its discretion, use as advisory opinions statements from universities, 
professional organizations, or other sources submitted in evidence as expert testimony. When an opinion 
is not accord with other information or is in any way questionable, however, CIS is not required to accept 
or may give less weight to that evidence. See Matter of Caron International, Inc., 19 I&N Dec. 791, 795 
(Comm. 1988). The AAO determines that the expert opinion evaluation does not establish that a 
baccalaureate degree in a specific specialty is a common requirement for general manager positions in the 
hotel industry, as required for the proffered position to qualify as a specialty occupation under the first 
prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
Nor does the record establish that the hotel manager position is so complex or unique that it can only be 
performed by an individual with a specialty degree. Accordingly, the proffered position does qualify as a 
specialty occupation under the second prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
Counsel cites a 1966 decision by a district director in the legacy Immigration and Naturalization Service 
(INS), Matter of Sun, 12 I&N Dec. 535 (DD. 1966), as evidence that a hotel manager position has already 
been found to require a baccalaureate degree or its equivalent and is therefore a specialty occupation. 
That decision provides little information about the employer or the duties of the position. As such, the 
duties of the hotel manager position in that case cannot be viewed as automatically comparable to those 
involved in the instant petition. Each nonimmigrant petition is a separate proceeding with a separate 
record. See 8 C.F.R. 5 103.8(d). Moreover, the issue in Matter of Sun was whether a hotel manager 
position qualified as a profession under section 101(a)(32) of the Act, not whether it qualified as a 
specialty occupation under section 214(i)(l) of the Act, a provision that did not yet exist in 1966. 
Therefore, the decision in Matter of Sun does not establish that the proffered position at issue in this 
petition qualifies as a specialty occupation under 8 C.F.R. § 214.2(h)(4)(iii)(A)(l) or (2). 
Counsel asserts that the position meets the third alternative criterion of a specialty occupation, at 8 C.F.R. 
§ 214.2(h)(4)(iii)(A)(3), because the petitioner has previously required its managerial employees to have 
college degrees or equivalent work experience. Counsel refers to a previously submitted list of thirteen 
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current and prior general managers hired by the petitioner to work at their various hotels. Seven of the 
thirteen did not complete a baccalaureate degree in any field. Though counsel asserts that each of those 
seven individuals had a combination of academic credits and experience in the hotel industry qualifying 
him or her for a general manager position, the petitioner has not provided any evidence of educational 
equivalency to indicate that the seven individuals had the equivalent of a baccalaureate degree in a 
specialty. Simply going on record without supporting documentation does not satisfy the petitioner's 
burden of proof. See Mutter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing ktter of Treasure 
Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Accordingly, the record does not establisll 
that the petitioner normally requires a specialty degree or its equivalent for the position of hotel manager, 
as required for the position to qualify as a specialty occupation under 8 C.F.R. $ 214.2(h)(4)(iii)(A)(3). 
Finally, the record does not establish that the proffered position meets the fourth alternative criterion of a 
specialty occupation, at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(4), because the petitioner has not demonstrated that 
the duties of the hotel manager position are so specialized and complex that the knowledge required to 
perform them is usually associated with a baccalaureate or higher degree in a specific specialty. Thus, the 
proffered position does not qualify as a specialty occupation under 8 C.F.R. $ 214,2(h)(4)(iii)(A)(4). 
For the reasons discussed above, the hotel manager position does not meet any of the criteria in 8 C.F.R. 
$ 214.2(h)(4)(iii)(A) to qualify as a specialty occupation. The petitioner has not established that the 
beneficiary will be coming teinporarily to the United States to perform services in a specialty occupation, 
as required under section lOl(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 1 lOl(a)(lS)(H)(i)(b). 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 3 1361. 
The petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision 
denying the petition. 
ORIPER: The appeal is dismissed. The petition is denied.