dismissed H-1B Case: Human Resources

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
b? L. 
PUBLIC COPY 
FILE: WAC 03 125 50552 Office: CALIFORNIA SERVICE CENTER Date: JAFJ 2 7 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)( 1 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(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 
WAC 03 125 50552 
Page 2 
DISCUSSION: The director of the service center denied the nonimrnigrant 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 mortgage brokerage firm that seeks to employ the beneficiary as a human resources 
manager. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a 
specialty occupation pursuant to section 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition finding that the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief and previously submitted evidence. 
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. 
Pursuant to 8 C.F.R. 5 214.20(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. 
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 documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (4) the 
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director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a human resources manager. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Fonn 1-129; the petitioner's 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary would perform duties that entail recruiting and retaining staff, interviewing, and selecting 
employees and sub-contracting agents to fill vacancies; organizing, implementing, and maintaining employee 
and sub-contracting agent benefit programs; preparing and maintaining petitioner and sub-contracting agent 
contracts; implementing employee and agent training programs; providing dispute resolution; delineating 
positions, monitoring employee performance, and making recommendations to management; advising on 
policies, worlung conditions, and personnel management in order to maintain an effective and efficient 
workplace and ensure employee satisfaction; maintaining personnel records such as hiring, promotions, 
transfers, terminations, salaries, and yearly reviews; conducting exit interviews; representing the petitioner at 
personnel-related hearings and investigations; coordinating office and payroll taxes; and directing clerical 
support. For the proposed position the petitioner requires a baccalaureate degree in human resources or a 
related field. 
The director stated that a human resources manager often qualifies as a specialty occupation if a company is 
large, has a human resource department, and the nature of the duties require a degree in human resources or a 
related field. The director stated that the Department of Labor's Occupational Outlook Handbook (the 
Handbook) indicates that an organization's size and complexity is directly related to the work of human 
resource personnel. The director stated that with a small company, such as the petitioner, the human resource 
duties are normally performed by management staff or a personnel clerk. According to the director, the 
Handbook reveals there is no clear standard for preparing for a career as a human resources specialist and 
there is no requirement for a baccalaureate degree in a specific specialty. As a result, the director stated that 
the proposed position fails to qualify as a specialty occupation under the first criterion at 8 C.F.R. 
5 214.2(h)(4)(iii)(A). The director determined that the Handbook shows that proposed position resembles an 
office and administrative support worker supervisor and manager, and that the Handbook indicates that this 
kind of occupation does not require a baccalaureate degree in a specific specialty. The petitioner provided no 
evidence to establish that a baccalaureate degree in a specific field is common in the mortgage brokerage 
industry in parallel positions among similar organizations, the director stated, or to show that the proposed 
duties are complex and unique or more specialized or complex than any other office supervisor or manager. 
The director stated that the petitioner did not establish the third criterion as the proposed position is newly 
created. 
On appeal, counsel states that the 43 sub-contracted real estate agents require personnel services and that the 
petitioner ensures that they have proper licensing; provides remedial training; and recruits, interviews, hires 
and terminates; and partially pays for their medical benefits, advertisements, and phone expenses. Counsel 
states that the beneficiary will perform these duties, which correspond to those of a human resources manager 
or specialist as described in the Handbook and the Dictionary of Occupational Titles (DOT). According to 
counsel, the Handbook and DOT reveal that "entry-level positions are filled by college graduates who have 
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majored in a wide range of fields." Counsel asserts that the petitioner's expansion necessitates employing a 
human resources manager, and states that Young China Daily vs. Chappell, 742 F. Supp. 552 (N.D. Cal. 
1989) indicates that an employer's size has no rational relationship to the need for a professional. Counsel 
states that the submitted organizational chart reveals that the petitioner currently employs an office manager. 
Counsel points out that the director conceded that a human resources manager or specialist could qualify as a 
specialty occupation. According to counsel, the proposed position qualifies as a specialty occupation 
because of the petitioner's requirement of a college degree. 
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 AAO first considers the criteria at 8 C.F.R. §§ 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent in a specific specialty 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 often considered by CIS when determining these criteria include: whether 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 firms 
"routinely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1 15 1, 1 165 
(D.Minn. 1999)(quoting Hird/Blaker Corp. v. Sava, 7 12 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 are not persuasive. 
Neither the DOT'S specific vocational preparation (SVP) rating nor a Job Zone category indicates that a 
particular occupation requires the attainment of a baccalaureate or higher degree, or its equivalent, in a 
specific specialty as a minimum for entry into the occupation. An SVP rating and Job Zone category are 
meant to indicate only the total number of years of vocational preparation required for a particular position. 
Neither classification describes how those years are to be divided among training, formal education, and 
experience, nor specifies the particular type of degree, if any, that a position would require. 
The MO routinely consults the Handbook for its information about the duties and educational requirements 
of particular occupations. The MO does not concur with the director's conclusion that the proposed position 
resembles the Handbook's depiction of an office and administrative support worker supervisor and manager; 
but finds the proposed duties parallel the Handbook's description of human resources, training, and labor 
relations managers and specialists. The Handbook discloses that a baccalaureate degree in a specific specialty 
is not required for human resources, training, and labor relations managers and specialists as it reports: 
P 
WAC 03 125 50552 
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Because of the diversity of duties and levels of responsibility, the educational backgrounds of 
human resources, training, and labor relations managers and specialists vary considerably. In 
filling entry-level jobs, many employers seek college graduates who have majored in human 
resources, personnel administration, or industrial and labor relations. Other employers look 
for college graduates with a technical or business background or a well-rounded liberal arts 
education. 
The above passage indicates that a baccalaureate degree in a specific specialty is not required for a human 
resources, training, and labor relations specialist or manager as employers accept baccalaureate degrees in 
diverse fields: technical, business, and the liberal arts. The AAO notes that counsel concedes that "entry-level 
positions are filled by college graduates who have majored in a wide range of fields." 
Because CIS interprets the term "degree" in the criteria at 8 C.F.R. tj 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 petitioner fails to establish the first criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that a baccalaureate or 
higher degree or its equivalent in a specific specialty is the normal minimum requirement for entry into the 
particular position. 
The petitioner submitted no evidence to establish the first alternative prong . at 8 C.F.R. 
5 214.2(h)(4)(iii)(A)(2) - that a specific degree requirement is common to the industry in parallel positions 
among similar organizations. 
To establish the second alternative prong at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(2) the petitioner must show that the 
proffered position is so complex or unique that it can be performed only by an individual with a degree. As 
the Handbook reveals that the proposed duties parallel those of human resources, training, or labor relations 
specialists or managers, which are occupations that do not require a baccalaureate degree in a specific 
specialty, the petitioner fails to establish the second alternative prong at 8 C.F.R. tj 214.2(h)(4)(iii)(A). 
The third criterion at 8 C.F.R. tj 214.2(h)(4)(iii)(A) requires that the petitioner show that it normally requires a 
degree or its equivalent for the position. As the proposed position is newly created, the petitioner fails to 
establish this criterion. 
The fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A) requires that the petitioner demonstrate 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 in a specific specialty. Again, the 
Handbook indicates that employers do not require a baccalaureate degree in a specific specialty for a human 
resources, training, and labor relations specialist or manager; therefore, the petitioner fails to establish this last 
criterion. 
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. 
! WAC 03 125 50552 
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The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.