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U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: EAC 04 254 53126 Office: VERMONT SERVICE CENTER Date: JUN 0 6 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)( 1 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of 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, Chief 
Administrative Appeals Office 
EAC 04 254 53 126 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition. The matter is now on 
appeal before the Administrative Appeals (AAO). The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a manufacturer's representative for U.S. clients trading with Asian suppliers. It seeks to 
employ the beneficiary as a sales manager and to classify him as a nonimmigrant 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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the grounds that the record failed to establish that the proffered 
position is a specialty occupation or that the petitioner is qualified to perform services in a specialty 
occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 3 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: 
(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; 
(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: (I) Form 1-129 and supporting documentation; (2) the 
director's decision; and (5) Form I-290B, an appeal brief, and supporting materials. The AAO reviewed 
the record in its entirety before issuing its decision. 
! 
EAC 04 254 53 126 
Page 3 
In a letter accompanying the Form 1-129 the petitioner described itself as manufacturer's representative 
for trade between U.S. retail stores and brands and Asian suppliers. The petitioner stated that it was 
established in 2003, had four employees, and was in its first year of operation. The petitioner indicated 
that it wished to hire the beneficiary as a sales manager, and provided the following job description: 
[The beneficiary] will be working on fine tuning and improving a variety of operations 
and managerial procedures. [He] will work to ensure effective and efficient distribution 
of resources. This will entail management of our business system's capability, which 
reflects the technical sophistication consistent with the needs and budgetary requirements 
of our organization. The beneficiary will conduct his responsibilities through a process 
of reviewing and analyzing reports and directives in order to confer with management to 
obtain business-processing requirements. 
[The beneficiaryl's primary employment responsibilities will include: source products 
directly in Asia, attend trade shows, accompany larger clients to the producing factories, 
hold meetings with suppliers to update them on changing trends with relevant markets in 
the U.S. and understand suggestions from suppliers. In addition, [the beneficiary] will be 
responsible for communicating retail and supplier sales requests through various 
communication channels. 
The beneficiary is qualified for the position, the petitioner declares, by virtue of his bachelor of arts in 
international studies from Pepperdine University in Los Angeles, California, awarded on April 28, 2000. 
In his decision the director cited information in the Department of Labor (D0L)'s Occupational Outlook 
Handbook (Handbook) indicating that sales manager positions do not require a bachelor's degree in a 
specific specialty as a normal minimum requirement for entry into the occupation. Considering the scale 
of the petitioner's business, the director found that the proffered position was not complex enough to be a 
specialty occupation and appeared to require a vocational, rather than a professional, degree. The director 
concluded that the position did not meet the statutory or regulatory requirements of a specialty 
occupation. The director also found that the beneficiary's degree - in international studies - is not in a 
specific specialty that would qualify him to perform services in a specialty occupation. 
On appeal counsel explains that the beneficiary will be doing business with Chinese and Taiwanese 
producers of consumer products such as footwear, apparel, bedding, and sporting goods. The nature of 
the job and its geographical reach, counsel asserts, make the duties of the proffered position specialized 
and complex. Two opinion letters have been submitted from industry representatives who assert that the 
petitioner requires the services of a sales manager and that the sales manager must have a bachelor's 
degree to adequately perform the duties of the job. Counsel also contends that the beneficiary's degree in 
international studies qualifies him to perform the services of the sales manager position. 
In determining whether a position meets the statutory and regulatory criteria of 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 firms or 
EAC 04 254 53 126 
Page 4 
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 HirdIBlaker Corp. v. Suva, 
764 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. 
Sales managers are a subcategory of the Handbook's broad occupational category of advertising, 
marketing, promotions, public relations, and sales managers. As described in the Handbook, 2006-07 
edition: 
Sales managers direct the firm's sales program. They assign sales territories, set goals, 
and establish training programs for the sales representatives. Managers advise the sales 
representatives on ways to improve their sales performance. Sales managers advise the 
sales representatives on ways to improve their sales performance. In large, multiproduct 
firms, they oversee regional and local sales managers and their staffs. Sales managers 
maintain contact with dealers and distributors. They analyze sales statistics gathered by 
their staffs to determine sales potential and inventory requirements and monitor 
customers' preferences . . . . 
The foregoing duties do not match the duties of the proffered position. The AAO determines that the 
proffered position's duties more closely reflect another occupational category in the Handbook - sales 
representatives, wholesale and manufacturing. As described in the Handbook, 2006-07 edition: 
Sales representatives' . . . primary duties are to interest wholesale and retail buyers and 
purchasing agents in their merchandise and to address clients' questions and concerns. 
Sales representatives represent one or several manufacturers or wholesale distributors by 
selling one product or a complementary line of products. Sales representatives 
demonstrate their products and advise clients on how using these products can reduce 
costs and increase sales. They market their company's products to manufacturers, 
wholesale and retail establishments, construction contractors, government agencies, and 
other institutions. 
. . . . 
Sales representatives spend much of their time traveling to and visiting with prospective 
and current clients . . . . 
In determining the nature of a particular position, and whether it qualifies as a specialty occupation, the 
duties that will actually be performed are determinative, not the title of the position. The petitioner must 
show that the performance demands of the position require a specialty degree. The critical issue is not the 
employer's self-imposed standard, 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 a minimum for entry into the occupation. Cj Defensor v. Meissner, 
201 F.3d 384, 387-88 (5th Cir. 2000). The duties of the proffered position are akin to those of a sales 
representative, as described in the Handbook. 
With respect to the educational requirements of sales representatives, the Handbook, id., states the 
following: 
EAC 04 254 53 126 
Page 5 
The background needed for sales jobs varies by product line and market. Many 
employers hire individuals with previous sales experience who lack a college degree, but 
they increasingly prefer or require a bachelor's degree because job requirements have 
become more technical and analytical. Nevertheless, for some consumer products, 
factors such as sales ability, personality, and familiarity with brands are more important 
than educational background . . . . [Flirms selling complex, technical products may 
require a technical degree in addition to some sales experience . . . . 
As the Handbook clearly indicates, a baccalaureate or higher degree in a specific specialty is not the 
normal, industry-wide requirement for entry into a sales representative position. While companies selling 
technical products may require a specialty degree, those selling common consumer goods generally do 
not. Some employers may prefer a baccalaureate degree, though it need not be in a specific specialty. 
Other employers are more interested in relevant experience and product knowledge than any educational 
degree. The AAO concludes that the proffered position does not meet the first alternative criterion of a 
specialty occupation, at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(I), because a baccalaureate degree in a specific 
specialty is not the normal minimum requirement for entry into a sales representative position. 
Counsel has submitted two opinion letters - one from a saleslmarketing consultant with his own company 
(Salesmark) and the other from the operations project manager of a consumer products company (Dorel 
Juvenile Group) - who recite the duties of the proffered position, as described by the petitioner, and 
declare that a baccalaureate degree is required to perform them. The author of the first letter, from 
Salesmark, fails to establish his expertise to evaluate the educational requirements of the proffered 
position. The author states that he is "a former adjunct professor and a long established certified 
saleslmarketing consultant," but does not show how that background gives him the requisite knowledge to 
evaluate the educational criteria for a sales representative at a consumer products company like the 
petitioner. Nor has any supporting documentation been submitted to show that the author is familiar with 
the petitioner's industry or its hiring practices with respect to sales representatives. The author links the 
duties of the proffered position with particular courses the beneficiary took in his baccalaureate program, 
which focused on international management. But he does not explain why the beneficiary's particular 
coursework is required to perform the duties of the position. The author of the second letter describes 
Dorel Juvenile Group (Dorel) as a large company and states that he has served as its operations project 
manager for one year. The record does not establish the author's expertise to evaluate the educational 
requirements for a sales representative at a small company like the petitioner. The letter is not supported 
by any evidence showing that Dorel requires its own sales representatives to have a specialty degree, or 
documenting the degrees of such employees. Moreover, the Dorel letter states only that a degree is 
required for the proffered position, not that the degree must be in a specific specialty. 
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 opinion letters submitted on appeal are not persuasive evidence that 
a baccalaureate or higher degree in a specific specialty, or its equivalent, is the normal minimum 
requirement for entry into the proffered position, as required for the position to qualify as a specialty 
occupation under 8 C.F.R. 214.2(h)(4)(iii)(A)(l), or that a specialty degree is a common requirement 
EAC 04 254 53126 
Page 6 
occupation under 8 C.F.R. $ 214.2(h)(4)(iii)(A)(l), or that a specialty degree is a common requirement 
for sales representatives in the petitioner's industry, as required for the proffered position to qualify as a 
specialty occupation under the first prong of 8 C.F.R. $ 214.2(h)(4)(iii)(A)(2). 
Nor does the proffered position qualify as a specialty occupation under the second prong of 8 C.F.R. 
5 214.2(h)(4)(iii)(A)(2) because the record does not establish that the position is so complex or unique 
that it can only be performed by an individual with a baccalaureate or higher degree in a specific 
specialty. 
As for the third alternative criterion of a specialty occupation, the proffered position is newly created and 
the petitioner has no hiring history for it. Accordingly, the petitioner cannot demonstrate that it normally 
requires a bachelor's degree in a specific specialty or its equivalent, 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 show that the duties of the proffered position are so specialized and complex 
that knowledge usually associated with a baccalaureate or higher degree in a specific specialty is required 
to perform them, as required to meet the fourth alternative criterion of a specialty occupation at 8 C.F.R. 
5 214.2(h)(4)(iii)(A)(4). Neither the petitioner's description of the proffered position's duties, nor the two 
opinion letters in the record which fail to establish the authors' requisite expertise to evaluate the 
educational requirements of the position, demonstrate that the duties of the job require knowledge beyond 
the scope of that required by a typical sales representative. As indicated in the Handbook, sales 
representatives do not ordinarily require baccalaureate level knowledge in a specific specialty. Based on 
the evidence of record, the AAO concludes that the duties of the position could be performed by an 
individual with less than baccalaureate level knowledge in a specific specialty. 
For the reasons discussed above, the proffered position does not qualify as a specialty occupation under 
any of the criteria enumerated in 8 C.F.R. 5 214.2(h)(4)(iii)(A). The petitioner has not established that 
the beneficiary will be coming temporarily 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). 
As previously discussed, the director determined that the beneficiary was not qualified to perform 
services in a specialty occupation. Since the beneficiary's credentials are relevant only if the proffered 
position is a specialty occupation, which is not the case here, the AAO need not further address this issue. 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. $ 1361. 
The petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision 
denying the petition. 
ORDER: The appeal is dismissed. The petition is denied.