dismissed H-1B Case: International Trade

identifiing data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
plJBCIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: EAC 04 232 53452 Office: VERMONT SERVICE CENTER Date: JUN 0 2 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section I0 l (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 I0 l(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 *~7'35i& P. iernan 
, 
 Administrative ~~~eaflffice 
EAC 04 232 53452 
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 handbag and luggage importer, exporter, and wholesaler that seeks to employ the beneficiary 
as an assistant director of international trade and to classify her as a nonimmigrant worker in a specialty 
occupation pursuant to section IOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 1 0 1 (a)( 1 5>(H)(i>(b). 
The director denied the petition on the grounds that the petitioner failed to establish that the proposed position 
meets the definition of specialty occupation at 8 C.F.R. § 214.2(h)(4)(iii)(A). On appeal, counsel submits a 
brief and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. !j 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. 5 214.2(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 bachelor's or higher degree, but one in a specific field of study that 
is directly related to the proposed position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's 
denial letter; and (5) Form I-290B with supporting documentation. The AAO reviewed the record in its 
entirety before issuing its decision. 
EAC 04 232 53452 
Page 3 
The petitioner seeks the beneficiary's services as an assistant director of international trade. Evidence of the 
beneficiary's duties includes Form 1-129 with attachments, the petitioner's response to the RFE, and evidence 
submitted on appeal. According to this evidence, the beneficiary's duties would include: developing ladies 
fashion handbags; sourcing and locating new manufacturers in Korea and China; evaluating factories; 
traveling to Korea and China to source the suppliers of materials and products; meeting with suppliers and 
manufacturers; controlling production at factories outside the United States; controlling the shipping 
schedule; communicating with English and Korean speaking clients regarding pricing, quantity, quality, and 
delivery for those products imported to the United States; creating a competitive, tactical marketing and sales 
plan for the product line; internal and external messaging; and positioning the company's marketing 
programs. The petitioner stated that the position required a bachelor's degree or its equivalent in international 
trade and experience in the import/export business. 
The director concluded that, based on the description of the position, and in light of the size and nature of the 
petitioner's business, it did not appear that the proposed duties were so complex, specialized, or unique as to 
require a four-year bachelor's degree in a business-related field. 
On appeal, counsel asserts that the small size of the petitioner's business should not preclude the petitioner 
from establishing that the proposed position is a specialty occupation. Counsel understands that the proposed 
duties might be considered lacking in the necessary complexity normally required of an H-IB beneficiary, but 
asserts that the international nature of the job elevates the position to the specialty occupation level. 
The petitioner need only satisfy one of the criteria at 8 C.F.R. 214.2(h)(4)(iii)(A) to establish that a position is 
a specialty occupation. Upon a thorough review, the AAO concludes that the petitioner has failed to establish 
that its proposed assistant director of international trade position meets any of the four criteria outlined in 
8 C.F.R. fj 214.2(h)(4)(iii)(A). Therefore, the proposed position is not a specialty occupation. 
To determine whether a position qualifies as a specialty occupation, CIS looks beyond the title of the position. 
CIS considers the specific duties of the proposed position and any supporting evidence, in relation to the 
nature of the petitioning entity's business operations, to determine if the position requires the theoretical and 
practical application of a body of highly specialized knowledge and the attainment of a bachelor's degree in a 
specific field of study as the minimum for entry into the occupation. 
The AAO routinely consults the Department of Labor's Occupational Outlook Handbook (Handbook) in its 
consideration of whether or not a position is a specialty occupation and for the Handbook's information about 
the duties and educational requirements of particular occupations. Based on a thorough review of the 
petitioner's position description and the Handbook, the AAO finds that the proposed position closely reflects 
the duties of a combination of the positions of marketing managers - who, according to the Handbook, 
estimate the demand for products and services offered by the firm and its competitors - and purchasing agents 
- who, according to the Handbook, buy the goods and services the company or institution needs to either 
resell to customers or for the establishment's own use. 
 Purchasing agents also consider price, quality, 
availability, reliability, and technical support when choosing suppliers and merchandise. They try to get the 
best deal for their company, by identifying foreign and domestic suppliers. The beneficiary will create 
tactical marketing programs as well as participate in locating new manufacturers and meeting with suppliers 
and manufacturers in Korea and China. 
The petitioner, however, failed to establish that the position is a specialty occupation under any of the criteria 
set forth in the regulations. The fact that the job entails supervisory duties and purchasing products abroad 
does not elevate the job to one that requires a bachelor's degree in international trade. 
EAC 04 232 53452 
Page 4 
To determine whether the proposed position qualifies as a specialty occupation under the criterion at 8 C.F.R. 
214.2(h)(4)(iii)(A)(I) - a bachelor's or higher degree or its equivalent is normally the minimum requirement 
for entry into the particular position - the AAO turns to the Handbook's discussion of the educational 
requirements for marketing managers and purchasing agents. The Handbook indicates that employers prefer, 
but do not require, marketing manager applicants with college degrees and that employers sometimes promote 
individuals from within the company, with good performance records, into marketing manager positions. 
Although the Handbook indicates that large stores prefer their purchasing agents to have degrees with a 
business emphasis, it does not indicate that this is normally required. As noted above, for a position to be 
considered a specialty occupation under this first criterion, it must be one that requires a bachelor's degree in 
a specific field of study as a minimum for entry into the occupation. Because the evidence of record has not 
established that a bachelor's degree in a specific field of study is the normal minimum requirement for entry 
into the proposed position, the petitioner has not satisfied the first criterion. 
The AAO turns next to the first alternative prong of the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) - the 
degree requirement is common to the industry in parallel positions among similar organizations. To 
determine if a position is a specialty occupation under this criterion, CIS generally considers whether or not 
letters or affidavits from companies or individuals in the industry attest that such companies "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. Suva, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). The petitioner has not 
provided any evidence that the requirement of a bachelor's degree in a specific specialty is common in the 
handbag and luggage importing and exporting industry in parallel positions among similar companies. 
Therefore, the proposed position does not qualify as a specialty occupation under the first alternative prong at 
8 C.F.R. 8 2 14.2(h)(4)(iii)(A)(2). 
The AAO now turns to the criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(3) - the employer normally requires at 
least a bachelor's degree or its equivalent, in a specific field of study, for the position. To determine if a 
petitioner has established this criterion, the AAO generally reviews the petitioner's past employment 
practices, including the histories of those employees who previously held the position, as well as their names, 
dates of employment, and copies of their diplomas. In the instant case, the petitioner has submitted no 
evidence to establish its normal hiring practices. In the absence of an employment history for the proposed 
position, the petitioner cannot establish that its proposed position qualifies as a specialty occupation under the 
criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criteria related to the complexity, uniqueness, or specialized nature of the 
proposed position. 
 A petitioner satisfies the second alternative prong of the criterion at 8 C.F.R. 
8 214.2(h)(4)(iii)(A)(2) if it establishes that a particular position is so complex or unique that it can be 
performed only by an individual with a bachelor's degree in a specific field of study. The criterion at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(4) requires a petitioner to establish that the nature of the specific duties is so 
specialized and complex that the knowledge required to perform the duties is usually associated with the 
attainment of a bachelor's or higher degree in a specific field of study. The record does not indicate that the 
proposed duties are distinguishable from those of a typical marketing managerlpurchasing agent, occupations the 
Handbook says can be performed by individuals with less than a bachelor's degree or through advancement. 
Counsel asserts that the international aspect of the duties (i.e. traveling to China and Korea) adds a layer of 
TO support this assertion, counsel submits two expert opinion fetters. 
f the American Evaluation and Translation Service asserts that the duties of the 
EAC 04 232 53452 
Page 5 
proposed position are unique and so highly complex as to require a bachelor's degree in international trade. 
The professor asserts that, from his observation and experience, the proposed position requires a bachelor's 
degree in international trade or a related field. This opinion letter is not probative. Professor 
d 
ists 
the duties of the proposed position verbatim from the petitioner's duty description but does not prow e an 
analysis of why these particular duties are more complex than those of an average marketing 
manager/purchasing agent. While a marketing manager/ 
 ent position may require a bachelor's 
degree in international trade or a related field, Professor 
 lther gives sufficient details about the 
complexity of the duties in relation to the petitioner's bus 
 es he submit documentary evidence to 
substantiate his conclusions. The AAO may, in its discretion, use as advisory opinion statements submitted as 
expert testimony. However, where an opinion is not in accord with other information or is in any way 
questionable, the AAO is not required to accept or may give less weight to that evidence. Matter of Caron 
International, 19 I&N Dec. 791 (Comm. 1988). 
Counsel also submits a letter from president of Spacemax International. Mr. 
4 
sserts that 
the petitioner faces problems that 
 specialized skills acquired by the beneficiary dur~ng er years of 
study and post-graduate work. Mr.m letter is not persuasive. The issue is not whether the beneficiary is 
qualified to per e duties of the proposed position, but whether the proposed position is a specialty 
occupation. Mr hlia does not explain why the skills the beneficiary learned in college could not be learned 
through non-college level training or on the job, as the Handbook asserts they can be. Furthermore, M= 
does not submit documentation to support these assertions. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Soflcci, 
22 I&N Dec. 158, 165 Comm. 1998) (citing Matter of Treasure Craft of Calgornia, 14 I&N Dec. 190 (Reg. 
Comm. 1972)). Mr. 
@ 
oes not establish that the proposed position is so complex or unique that it can be 
performed only by an In lvidual with a bachelor's degree in international trade or that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is usually 
associated with the attainment of a bachelor's or higher degree in international trade. 
As the record indicates that individuals may enter these occupations with less than a bachelor's degree, the 
petitioner has failed to establish that the proposed position qualifies as a specialty occupation based on its 
complexity, uniqueness, or specialized nature. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 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.