dismissed H-1B Case: Law

U.S. Department of Homeland Security 
20 Mass. Ave.. N.W.. Rm. A3042 
W?shington, DC 20529 
identifying data deleted to 
prevent ci6,aly unwarranted u.S. Citizenship 
invasion of&m~ml pivacy and Imigration 
9% 
PUBLIC COPY 
FILE: WAC 04 154 50227 Office: CALIFORNIA SERVICE CENTER Date: MAR 3 0 2006 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 101(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. 
~obei P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 154 50227 
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 a law firm that seeks to employ the beneficiary as an executive assistant and endeavors to 
classify him 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 lOl(a)(lS)(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 and additional information asserting that the offered position qualifies as a 
specialty occupation. 
The petitioner requested ,oral argument in these proceedings. The regulations provide that the requesting 
party must explain in writing why oral argument is necessary. Furthermore, Citizenship and Immigration 
Services (CIS) has the sole authority to grant or deny a request for oral argument and will grant argument 
only in cases involving unique factors or issues of law that cannot be adequately addressed in writing. See 
8 C.F.R. 8 103.3(b). In this instance, the petitioner has identified no unique factors or issues of law to be 
resolved. The written record of proceedings fully represents the facts and issues in this case. Consequently, 
the request for oral argument is denied. 
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: 8 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 further defined at 8 C.F.R. 
 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. 
WAC 04 154 50227 
Page 3 
Pursuant to 8 C.F.R. 9 214.2(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 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 ~mmigration Services (CIS) interprets the term "degree" in the criteria at 
 8 C.F.R. 
fj 214.2(h)(4)(iii)(A) to mean not &st 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 seeking the beneficiary's services as an executive assistant. 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: 
Collect client files and make sure that they are timely processed; 
Research insurance industry websites and publications to prepare a marketing agenda and 
promotional material to obtain new clients; 
Interact with customers to provide requested information and resolve complaints; 
Record and analyze the firm's financial information including financial information needed by the 
managing partner to make business decisions; 
Manage billing and cash receipts for the firm; 
Oversee quality control of .legal files including scanning, data entry and other records management 
responsibilities; . , 
WAC 04 154 50227 
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Create computerized indexes of pleadings and discovery documents; 
Close case files for offsite.storage; 
Post and process vendor invoices, researching discrepancies and handling vendor inquiries in a 
professional manner; 
Be responsible for firm disbursements, overseeing batching and entering of data into a specialized 
accounting software system, proofing data, researching client and firm charges and providing 
management reports; 
Review documents to obtain insurance documents such as policies, additional insured endorsements, 
and certificates of insurance showing relevant coverage; 
Prepare tender letters to other insurers, spreadsheets accounting for tenders, responses and documents 
evidencing coverage; 
Prepare allocations of defense and indemnity among many insurance carriers based on formulas 
sanctioned by case law; and 
Document productions, exhibits, witness binders and provide case management. 
The petitioner does not state that it requires a degree in a specific specialty for entry into the proffered 
position, but finds the beneficiary qualified by virtue of his past education and work experience which has 
been determined by a credentials evaluation service to be equivalent to a business administration degree with 
a specialization in management from an accredited college or university in the United States. 
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. 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 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, 1 102 (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 are essentially those noted for 
general/operations/office managers in a law office setting, with additional duties normally performed by 
paralegals or other administrative staff. The Handbook notes that the formal education and experience of 
these managers varies as widely as the nature of their responsibilities. Many have a bachelor's or higher 
degree in business administration or liberal arts, while others obtain their positions by promotion from lower 
level management positions. Thus, it is possible to obtain a position as a general or operations manager 
WAC 04 154 50227 
Page 5 
without a college degree by promotion from within the organization based upon performance alone. It is 
apparent from the Handbook that a baccalaureate or higher degree, in a specific specialty, is not the minimum 
requirement for entry into the offered position. Positions requiring a college degree are filled from a wide 
range of educational disciplines. A degree in a specific specialty, however, is not required. The petitioner has 
failed to establish the first criterion of 8 C.F.R. 5 214.2(h)(4)(iii)(A) with respect to these management 
responsibilities. 
The beneficiary would also perform tasks normally performed by paralegals or other law office staff. The 
Handbook notes that there are several ways to become a paralegal, and that employers usually require formal 
paralegal training through an associate/bachelor's degree, or certification program. Increasingly, employers 
prefer graduates of four-year paralegal programs, or college graduates with paralegal certification. Other 
employers, however, prefer to train college graduates with no experience, or to promote experienced legal 
secretaries. It is, therefore, apparent that a baccalaureate or higher degree in a specific specialty, or its 
equivalent, is not normally the minimum requirement for entry into paralegal positions and the petitioner has 
failed to satisfy the first criterion of 8 C.F.R. 5 214.2(h)(4)(iii)(A) with respect to these duties. 
The petitioner asserts that a degree requirement is common to the industry in parallel positions among similar 
organizations. In support of that assertion the petitioner submitted copies of several job advertisements, and 
statements from two other law firms. The advertisements submitted are for office managerladministrator 
positions and paralegals. Of the three advertisements submitted for office managers, two do not require a 
college degree. The third indicates that a degree is required, but does not indicate that the degree need be in a 
specific specialty. The paralegal advertisements require a bachelor's degree andlor paralegal certification, but 
do not require a degree in any particular specialty. The petitioner also submitted two letters from other law 
firms stating that they employed executive assistants or administrative managers with a college degree. 
Again, neither firm states that the degreed employee (no proof is in the record of the employee degrees) is 
required to hold a degree in a specific specialty to work as an executive assistant or administrative manager. 
The proof submitted by the petitioner in this regard tends to corroborate the findings of the Handbook with 
regard to the education required for these management and paralegal positions, that a degree in a specific 
specialty is not required. The petitioner has failed to establish the referenced criterion at 8 C.F.R. 
2 14.2(h)(4)(iii)(A)(2). 
The petitioner has not established that it normally requires a degree in a specific specialty for the proffered 
position, and offers no evidence in this regard as the position is new with the firm. The criterion at 8 C.F.R. 
5 214.2(h)(4)(iii)(A)(3) has not been established. 
The petitioner has not established that the duties of the offered position are so complex or unique that they 
can only be performed by an individual with a degree in a specific specialty, or that the duties are 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. The duties are routinely performed by 
general/operations/office managers and paralegals in the industry with education in a wide range of 
educational disciplines, and by those who do not have a baccalaureate level education. The petitioner has 
failed to establish the referenced criteria at 8 C.F.R. 
 214.2(h)(4)(iii)(A)(2) or (4). 
WAC 04 154 50227 
Page 6 
Finally, the petitioner also makes reference to the O*Net and Dictionary of Occupational Titles (DOT) to 
establish that the offered position normally requires a baccalaureate level education. The petitioner's 
assertions in this regard are not persuasive. Neither the DOT'S SVP rating nor a Job Zone category 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 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. 
Beyond the decision of the director, the record does not establish that the beneficiary is qualified to perform the 
duties of a specialty occupation. The petitioner submitted an experiential evaluation from the Foundation for 
International Services to establish that the beneficiary's past education and work experience are equivalent to a 
baccalaureate level education in the United States. Credentials evaluations services may evaluate foreign 
education only for equivalency purposes, not work experience. 
 8 C.F.R. fj 214.2(h)(4)(iii)(D)(3). Work 
experience may only be evaluated, for the purpose of determining degree equivalence, by an official who has 
authority to grant college-level credit for training andor experience in the specialty at an accredited college or 
university which has a program for granting such credit based on an individual's training andlor work 
experience. 8 C.F.R. 214.2(h)(4)(iii)(D)(I). The record does not establish that the beneficiary's work 
experience was evaluated by someone with that authority. For this additional reason, the petition cannot be 
approved. 
The petitioner has failed to establish that the offered position meets any of the criteria listed at 8 C.F.R. 
9 214.2(h)(4)(iii)(A). 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. 
9 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.