dismissed H-1B Case: Law

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
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U. S. Citizenship 
and Immigration 
FILE: 
 SRC 04 197 5 11 86 
 Office: TEXAS SERVICE CENTER 
 Date: ApR f 2 2006 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(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 
SRC 04 197 51 186 
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 finance company that services an affiliated corporation, the Rody Truck Center. It seeks to 
employ the beneficiary as a legal consultant. The petitioner endeavors to classify the beneficiary as a 
nonimmigrant worker in a specialty occupation pursuant to section 101 (a)(l 5)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. $ 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the beneficiary was not licensed to practice law in the State of Florida. 
On appeal, counsel states that the proffered position is a specialty occupation, but not that of an attorney requiring 
a license to practice law. 
The director did not address whether the proposed position qualifies as a specialty occupation but found the 
beneficiary unqualified because she is not licensed to practice law in Florida. The director thus implicitly 
found that the position is for an attorney, and qualifies as a specialty occupation. The AAO agrees. 
Section 10 l(a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 10 1 (a)(l S)(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. 5 11 84(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. 3 214.2(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. $ 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; 
SRC 04 197 51186 
Page 3 
(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 Immigration Services (CIS) interprets the term "degree" in the criteria at 
 8 C.F.R. 
Cj 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 seeking the beneficiary's services as a legal consultant. 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: 
Be in charge of the petitioner's legal department and serve as liaison with outside counsel employed 
by the petitioner; 
Review agreements and proposed agreements with Latin American customers; 
Analyze foreign contracts; 
Confer with company executives and office personnel to detect inaccurate statements or information, 
omissions of essential terms, and conflicts with possible legal prohibitions; 
Recommend modifications and prepare amendments, assisting attorneys and legal staff in interpreting 
foreign contracts as they interface with United States transactions; 
Review all legal paperwork; 
Gather evidence and review cases to determine which cases to forward to outside counsel for 
collection and possible litigation; 
Make recommendations to management regarding approval or rejection of settlements and mediation 
and the advisability of prosecuting or defending lawsuits; 
SRC 04 197 51186 
Page 4 
Review repossession, bankruptcy, and collections regulations to ensure that the company is operating 
within the law; 
Conduct research in international law; and 
Interpret foreign legal documents and communicate with Spanish customers and businesses in the 
Dominican Republic and Latin America discussing legal terminology. 
Previous counsel for the petitioner states in her correspondence of September 20, 2004, that the beneficiary 
would be fully discharging the duties normally discharged by an attorney and working exclusively for the 
petitioning corporation within parameters established by the Florida Bar. 
The petitioner requires a minimum of a bachelor's degree in law for entry into the proffered position. 
Upon review of the record, the petitioner has established that the proffered position qualifies as a specialty 
occupation. Counsel states, on appeal, that the beneficiary would not work as an attorney for the petitioner, but as 
a legal consultant who would liaise with independent counsel employed by the petitioner. The AAO does not 
agree. The beneficiary would: analyze foreign contracts; recommend modifications and prepare amendments to 
contracts and legal documents; assist in the interpretation of foreign contracts; confer with company executives to 
detect omission of essential contract terms and conflicts with legal prohibitions; make recommendations to 
management regarding approval or rejection of settlements and mediation and the advisability of prosecuting or 
defending lawsuits. As previously noted and stated by former counsel, the beneficiary would fully perform duties 
normally performed by an attorney, but work exclusively for the petitioner and not perform those services for the 
general public. The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook 
(Handbook) for information about the duties and educational requirements of particular occupations. The duties 
of the proffered position are essentially those noted for attorneys, and in this instance, an attorney working as 
in-house counsel exclusively for the petitioner advising it on legal issues related to its business activities. The 
Handbook notes that to practice law in the courts of any state or other jurisdiction, a person must be licensed, or 
admitted to the bar under rules established by the jurisdiction's highest court. All states require that applicants for 
admission to the bar pass a written bar examination. To qualifL for the bar examination in most states, an 
applicant usually must earn a college degree and graduate from a law school accredited by the American Bar 
Association or proper state authorities. As in the state of Florida, however, some jurisdictions permit attorneys 
licensed in other jurisdictions to work as attorneys while exclusively employed by a business organization 
without taking that state's bar examination. The offered position does, therefore, qualify as a specialty occupation 
as it satisfies the criterion at 8 C.F.R. 8 214,2(h)(4)(iii)(A)(I). 
The final issue to be considered is whether the beneficiary qualifies to perform the duties of a specialty 
occupation. 
Section 214(i)(2) of the Act, 8 U.S.C. 5 1 184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess: 
(A) full state licensure to practice in the occupation, if such licensure is required to 
practice in the occupation, 
(B) completion of the degree described in paragraph (l)(B) for the occupation, or 
SRC04 19751186 
Page 5 
(C) (i) experience in the specialty equivalent to the completion of such degree, and 
(ii) recognition of expertise in the specialty through progressively responsible 
positions relating to the specialty. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, the alien 
must meet one of the following criteria: 
{I) Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or 
higher degree required by the specialty occupation from an accredited college or 
university; 
(3) Hold an unrestricted State license, registration or certification which authorizes him or 
her to filly practice the specialty occupation and be immediately engaged in that 
specialty in the state of intended employment; or 
(4) Have education, specialized training, andlor progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the 
specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
Former counsel stated that the beneficiary is exempt from licensure as she will be working as in-house counsel. 
F.S.A. Bar Rule 17-1.1 provides that attorneys licensed to practice in jurisdictions other than Florida may 
undertake legal activities in Florida while exclusively employed by a business organization. The director found 
that the beneficiary was not licensed in any jurisdiction, including in her home country, and did not qualify for the 
exemption. The AAO agrees. The record does not establish that the beneficiary is a licensed attorney. Thus, she 
would not be allowed under F.S.A. Bar Rule 17-1.1 to provide services as in-house counsel for the petitioner. 
The petitioner's present counsel states that the beneficiary is not being hired as an attorney as defined by Florida 
law, and that the duties to be performed by the beneficiary do not amount to "the practice of law" since the 
beneficiary is working only for the petitioner and performing services in-house. The duties to be performed are 
duties performed by attorneys even though they apparently will not be performed for the general public. The 
director asked that the petitioner provide evidence of the beneficiary's Florida law license. The petitioner has not 
done so, nor has the petitioner provided evidence from the Florida Bar Association indicating that the beneficiary 
need not be licensed in this instance. The petitioner has not established that the beneficiary is qualified to perform 
the duties of the offered specialty occupation. The director's decision denying the present petition will not be 
disturbed. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
5 136 1. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.