dismissed H-1B Case: Human Resources

:deni: ^ 
 - -'-ta de1etBd to 
p-evei~; a,,,- -, unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 250 50152 Office: CALIFORNIA SERVICE CENTER Date: MAR 3 0 2006 
IN RE: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section I0 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § I 10 l(a)(l S)(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 04 250 501 52 
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 an IT consulting solutions provider that seeks to employ the beneficiary as a personnel recruiter. 
The petitioner 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. 8 1 10 l(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 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)(lS)(H)(i)(b) of the Act, 8 U.S.C. 9 1 lOl(a)(lS)(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. 8 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 hrther defined at 8 C.F.R. 4 214.2(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. fj 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(1) 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 04 250 50152 
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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. 
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 seelung the beneficiary's services as a personnel recruiter. 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: 
Discuss with corporate clients' department supervisors about their personnel needs and then prepare 
and implement a recruitment program for the corporate clients; 
Search and screen out job applicants by worlung with colleges and universities to arrange for 
interviews on campus; 
Interview applicants by assessing their qualifications, asking technical questions, and determining 
whether they have the required skills to fill computer science and engineering positions by checking 
references: 
Make hiring recommendations to senior management; and 
Promote and explain the hiring company's policies, wages, working conditions and advancement 
opportunities to potential employees. 
The petitioner requires a minimum of a bachelor's degree in business or a related field for entry into the 
offered position. 
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 
WAC 04 250 50152 
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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 fall within those noted for human resources, training, 
and labor relations managers and specialists in the Handbook. The Handbook notes that because of the diversity 
of duties and level of responsibility associated with these positions, the educational backgrounds of individuals 
filling them varies considerably. When filling entry-level jobs, employers usually seek college graduates. Many 
prefer applicants who have majored in human resources, personnel administration, or industrial and labor 
relations. Others look for college graduates with a technical or business background, or a well-rounded liberal 
arts education. It is, therefore, apparent that a bachelor's degree in a specific specialty is not required for entry 
into the position. A degree in any number of disciplines will suffice. The petitioner has failed to establish the 
first criterion of 8 C.F.R. 9 214,2@)(4)(iii)(A). 
The petitioner makes reference to Department of Labor publications and related SVP ratings for particular 
positions to establish a degree requirement for the offered position. The petitioner's assertions in this regard 
are not persuasive. The Dictionary of Occupational Titles (DOT) SVP rating does not indicate 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 is meant to indicate only the 
total number of years of vocational preparation required for a particular position. The rating does not describe 
how those years are to be divided among training, formal education, and experience, nor does it specify the 
particular type of degree, if any, that a position would require. 
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 
submitted copies of several job advertisements. While these advertisements do establish that a baccalaureate 
level education is generally required for similar positions, the advertisements do not establish that the degree 
need be in any specific discipline. The majority of advertisements do not specify any particular course of 
study. This does, in fact, confirm the findings of the Handbook, that a degree in a wide range of unrelated 
educational disciplines will suffice. The petitioner has failed to establish the referenced criterion at 8 C.F.R. 
9 2 14.2(h)(4)(iii)(A)(2). 
The petitioner states that it now routinely requires employees for similar positions to possess a baccalaureate 
level education. In support of that assertion the petitioner submitted resumes of three current employees 
holding recruiting positions. These resumes are, however, insufficient to establish the educational credentials 
of the employees. The educational backgrounds of the employees could be established by providing copies of 
their college diplomas, or other documentation of educational credentials from the college or university where 
the degrees were obtained. Further, the three employees are stated to have a bachelor's degree in marketing, a 
master's degree in business administration with a specialization in computer information systems, and a post 
graduate diploma in management, respectively. Assuming these three degrees have been obtained as stated, 
they represent a variety of majors, and not a specialized degree as required by the statute. The petitioner has 
17 employees, and the record does not indicate that these three employees represent the entire recruiting staff. 
Thus, the petitioner has not established that it normally requires a degree in a specific specialty for its 
recruiting position. The petitioner has failed to establish the criterion at 8 C.F.R. 9 2 14.2(h)(4)(iii)(A)(3). 
WAC 04 250 50152 
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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 are routine for the position in the industry and regularly performed 
by individuals with a wide range of educational backgrounds. The petitioner has failed to establish the 
referenced criteria at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(2) or (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. 
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 failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.