dismissed H-1B Case: Interpretation And Translation

U.S. Dcpnrlment of Homeland Sccurity 
20 Mass Avc.. N.W.. Rm. A3042 
Washington. DI' 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 082 50734 Office: CALIFORNIA SERVICE CENTER Date: SEP 0 2 2005 
PETITION: Petition for a Nanimmigrant Worker Pursuant to Section 10 1 (a)( 15)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 6 1 10 1 (a)( 1 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 f'urther inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 082 50734 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) 011 appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner provides over-the-phone interpretation service. It seeks to employ the beneficiary as an 
interpreter/translator. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker 
in a specialty occupation pursuant to section lOl(;n)(lS)(H)(i)(b) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. 4 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the ground tha? the proffered position is not a specialty occupation, and the 
beneficiary is not qualified for the position. On appeal, counsel submits a brief and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 6 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 ol:cupation in the United States. 
Pursuant to 8 C.F.R. 4 214.2(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 positiorr; 
(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 perfbrmed 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 2 14.2(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) Form 1-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's  service:^ as an interpreterltranslator. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's support letter; 
and the petitioner's response to the director's request for evidence. According to counsel's March 29, 2004 
letter the beneficiary would perform duties that entail conducting over-the-phone translation and 
interpretation services for governmental organizations, emergency medical personnel, businesses, financial 
services, the health care industry, insurance companies, law enforcement, promotion materials, advertising, 
court and legal documents, public services, and transportation; and handling administrative matters. 
Counsel's January 23, 2004 letter stated that the proffered position requires a bachelor's or master's degree in 
languages. 
According to the director, a translator might qualify as a specialty occupation if it involves translating highly 
technical documents in a particular specialty occupation and requires knowledge in that occupation. The 
director denied the petition finding that the proposed position did not have complexity beyond what is 
normally encountered in the occupation. No evidence, the director stated, establishes that the proposed 
position requires baccalaureate-level study In a specialty occupation such as medicine, pharmacology, law, 
technology, or engineering. The director conc1udr:d that the beneficiary is not qualified to perform a specialty 
occupation. 
On appeal, counsel states that the director mischaracterized the proposed position as that of a general 
translator, and erred in concluding that the beneficiary is not qualified to perform a specialty occupation. 
Counsel refers to prior MO decisions to demonstrate that the proposed position qualifies as a specialty 
occupation. Counsel asserts that Mandarin Chinese interpreters and translators typically need to hold an 
advanced degree in light of their highly special~zed and complex duties, and that the petitioner normally 
requires a bachelor's degree or its equivalent for ~nterpreters and translators, which is commonly required in 
the industry. Counsel emphasizes that the petitioner's interpreters and translators must pass strict screening 
tests. Counsel discusses the petitioner's clientele ;and the duties of a Mandarin Chinese interpreter. Referring 
to resumes of Mandarin Chinese interpreters currently employed by the petitioner, counsel states that the 
resumes show the interpreters as possessing master's degrees in linguistics, or translation and interpretation. 
Counsel declares that Mandarin interpreters provide interpretation for courts, hospitals, technology 
companies, and Fortune 500 companies; are well-.versed in finance, law, medicine, science, and technology; 
and translate highly technical documents. Counsel discusses the beneficiary's qualifications. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
$ 214,2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
Counsel asserts that in prior cases the AAO determined that a translator is a specialty occupation. The record 
contains a labor condition application (LCA) that shows that ('IS approved another petition for an 
interpreterltranslator position. This record of proceeding does not, however, contain all of' the supporting 
evidence submitted in the prior case. In the absence of all of the corroborating evidence contained in that 
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record of proceeding, the AAO cannot determine whether the instant petition is similar to the approved H-lB 
petition. Furthermore, each nonimm~grant petition is a separate proceeding with a separate record. See 
8 C.F.R. tj 103.8(d). In making a determination of statutory eligibility, CIS is limited to the information 
contained in the record of proceeding. See 8 C.F.6:. $ 103.2(b)(lG)(ii). 
The AAO next considers the criteria at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(l) and (2): a baccalaureate or higher 
degree or its equivalent 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 perfonned only by an individual with a degree. Factors often 
considered by CIS when determining these criteriii include: whether the Department of Labor's Occupational 
Outlook Handbook (the Handbook) reports that the industry requires a degree; whether the industry's professional 
association has made a degree a min~mum 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 
Shun ti, Inc. v. Reno, 36 F. Supp. 2d 1 1 5 1, 1 165 (D.Minn, 1 999)(quoting Hird/Rlaker Corp. v. Suva, 7 1 2 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 
posltion and determines, Erom a review of the duties of the position and any supporting evidence, whether the 
pos~tion 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. The AAO routincIy consults the Handbook for its information about the 
duties and educational requirements of particular occupations. 
The Handbook discloses that the proposed duties are a combination of those of a translator and interpreter. 
The Handbook states: 
Translators convert written materials fi-om one language into another. They must have 
excellent writing and analytical ability. And because the documents they translate must be as 
flawless as possible, they also need good editing skills. 
Translators' assignments may vary in length, writing style, and subject matter. When they 
first receive text to convert into another Ianguage, translators usually read it in its entirety to 
get an idea of the subject. Next, they identify and look up any unfamiliar words. Translators 
also might do additional reading on the subject matter if they are unclear about anything in 
the text. However, they also consult with the text's or~ginator or issuing agency to clarify 
unclear or unfamiliar ideas, words, or acronyms. 
Translating involves more than replacing a word with its equivalent in another language; 
sentences and ideas must be manipulated to flow with the same coherence as those in the 
source document, so that the translation reads as though it originated in the target language. 
Translators also must bear In mind any cultural references that may need to be explained to 
the intended audience, such as colloqu~alisms, slang, and other expressions that do not 
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translate literally. Some subjects may be more difficult than others to translate because words 
or passages may have multiple meanings that make several translations possible. Not 
surprisingly, translated work often goes through multiple revisions before final text is 
submitted. 
The services of interpreters and translators are needed in a number of subject areas. While 
these workers may not completely specialize in a particular field or industry, many do focus 
on one area of expertise. . . . 
Localization trunslutors constitute a relatively recent and rapidly expanding specially. 
Localization involves the complete adaptation of a product for use in a different language and 
culture. At its earlier stages, this work dealt primarily with software localization, but the 
specialty has expanded to include the adaptation of Internet sites and products in 
manufacturing and other business sectors. 
Translators working in localization need a solid grasp of the languages to be translated, a 
thorough understanding of technical concepts and vocabulary, and a high degree of 
knowledge about the intended target au~ltence or users of the product. The goal of these 
specialists is for the product to appear a,.; if it were originally manufactured in the country 
where ~t will be sold and supported. Because software often is involved, it is not uncommon 
for people who work in this area of translation to have a strong background in computer 
science or computer-related work experience. 
Providing language services to healthcare patients with limited English proficiency is the 
realm of medical interpreters und translators. . . . Translators working in this specialty 
primarily convert patient materials and informational brochures, issued by hospitals and 
medical facilities, into the desired language. Medical interpreters need a strong grasp of 
medical and colloquial terminology in both languages, along with cultural sensitivity 
regarding how the patient receives the information. They must remain detached but aware of 
the patient's feelings and pain. 
The Handbook conveys the following educational requirements of translators and interpreters: 
The educational backgrounds of interpreters and translators vary. Knowing a language in 
addition to a native language is a given. . . . 
In high school, students can begin to prepare for these careers by taking a broad range of 
courses that include English writing and comprehension, foreign languages, and basic 
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computer proficiency. Other helpful pursuits include spending time abroad, or comparable 
forms of direct contact with foreign cultures, and extensive reading on a variety of subjects in 
English and at least one other language. 
Beyond high school, there are many educational opt~ons. Although a bachelor's degree is 
almost always required, interpreters and translators note that it is acceptable to major in 
something other than a language. However, specialized training in how to do the work is 
generally required. A number of formal programs in interpreting and translation are available 
at colleges nationwide and through n~~nuniversity training programs, conferences, and 
courses. Many people who work as conference interpreters or in more technical areas-such 
as localization, engineering, or finance- have master's degrees, while those working in the 
community as court or medical interpreters or translators are more likely to complete job- 
specific training programs. 
The Handbook reports that although a bachelor's degree is almost always required for a translator and 
interpreter, "it is acceptable to major in something other than a language." A baccalaureate degree in a 
specific specialty is thus not required for these occupations. Furthermore, no independent evidence shows 
that the proposed position primarily involves translating or interpreting in highly technical, scientific, or legal 
areas. Consequently, the petitioner fails to establish the first criterion at 8 C.F.R. $ 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 submitted job postings are insufficient to establish the first alternative prong at 8 C.F.R. 
Cj 214.2(h)(4)(iii)(A)(2), which is that a specific degree requirement is common to the industry in parallel 
positions among similar organizations, as the employers in the postings - the United Nations, Stanford 
Hospital and Clinics, and Sun Microsystems - differ in nature from the petitioner, a translation company. 
No evidence establishes the second alternative prong at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2): that the proffered 
position is so complex or unique that it can be performed only by an individual with a degree. The Handbook 
reveals that the proposed position parallels a tra.nslator and interpreter, which are occupations that do not 
require a bachelor's degree in a specific specialty. No evidence reveals that the proposed duties have such 
complexity or uniqueness as to require a baccalaureate degree in a specific specialty. 
Counsel states that the petitioner establishes the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3) as it normally 
requires a degree or its equivalent for the position. The submitted two resumes are not persuasive as they do not 
reflect employment with the petitioner. Thus, this evidence fails to establish 8 C.F.R. 4 2 14.2(h)(4)(i ii)(A)(3). 
To establish the fourth criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A) the petitioner must show 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. As discussed 
earlier, the Handbook reveals that the proposed duties are a combination of those of an interpreter and 
translator, which are occupations that do not require a bachelor's degree in a specific specialty. No 
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independent evidence shows that the proposed duties entail translating or interpreting highly technical, 
scientific, or legal documents; the proposed duties are not so specialized and complex as to require knowledge 
associated with the attainment of a baccalaureate or higher degree in a specific specialty. The petitioner, 
therefore, fails to establish the fourth criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A). 
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 ofthe petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.