dismissed H-1B Case: Law

U.S. Department of Homeland Security 
20 Mass. Ave.. N.W., Rrn. A3042 
Washington, DC 20529 
U.S. citizenship ltkN!fjbg d::, :* .~ebt&d to and ~rnmigratio~l 
w~%t clearly unwamh 
of pe- prinwy 
FILE: LIN 04 091 5001 1 Office: NEBRASKA SERVICE CENTER Date: QCT 0 5 zoo> 
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. 9 1101(a)(15)(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 
LIN04091 50011 
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 and seeks to employ the beneficiary as a legal researcher. The petitioner endeavors to 
classify the beneficiary as a nonirnrnigrant worker in a specialty occupation pursuant to section 
10 1 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1 10 1 (a)(l S)(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 stating that the offered position qualifies as a specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10 1 (a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 3 1 10 1 (a)(l 5)(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 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. 5 2 14.2(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. 2 14.2(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; 
L1N 04091 50011 
Page 3 
(3) The employer normally requires a degree or its equivalent for the position; or 
(3) 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. 
fj 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) 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 researcher. 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: 
Research and analyze law sources such as statutes, recorded judicial decisions, legal articles, legal 
codes, etc.; 
Prepare legal documents such as briefs, pleadings, appeals, wills, contracts, initial and amended 
articles of incorporation, stock certificates and other securities, buy-sell agreements, closing papers 
and binders, deeds and trust instruments for review, approval and use of an attorney; 
Investigate the facts and law of a case to determine causes of action and then prepare the case; 
Prepare affidavits of documents and maintain the document file; 
Prepare legal briefs and legal documentation for supervising attorney approval and for the firm's 
clients; 
Assist with the gathering of evidence in divorce, civil, criminal and other cases and legal matters to 
formulate defenses, initiate legal action or effectuate legal advice and representation; 
Assist with the development of strategy, arguments and testimony in preparation for case 
presentation; 
Assist the supervising attorney with interpretation of laws, rulings, and regulations for individuals and 
businesses; 
Confer with colleagues within specialty areas of law to establish and verify the basis for legal 
proceedings; 
LIN 04 091 50011 
Page 4 
Direct and coordinate activities of the legal secretary and other legal support personnel; 
Act as an arbitrator and liaison between disputing parties; and 
Perform other duties as assigned. 
In its letter of February 6,2004, the petitioner states that it requires the attainment of a Juris Doctorate Degree 
as a minimum requirement for entry into the proffered position. In response to the director's request for 
evidence, however, the petitioner states that to qualify for the position, employees should have completed 
their law degree or be in the later part of the process of completing the degree. The petitioner acknowledges 
that it presently employs another individual in the offered position who is a presently a law student, not 
having yet completed his law degree. 
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, as asserted by the 
petitioner. 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 115 1, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Sava, 7 12 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 fall within those noted for law clerks. The 
Handbook notes that the most significant source of education or training for law clerks is a  bachelor"^ degree, 
but does not indicate that the degree need be in any specific specialty. Law clerks are usually students 
fulfilling the requirements of a Juris Doctor degree, or law school graduates fulfilling attorney licensing 
requirements. As previously stated, the petitioner, in this instance, does not require its law clerks/legal 
researchers to have completed their law degrees. The petitioner employs legal researchers who are still law 
students not having yet obtained a law degree. While a bachelor's degree is a prerequisite for entrq into law 
school, the degree requirement is not restricted to any particular field of study. The petitioner has, 
accordingly, failed to establish the first criterion of 8 C.F.R. $ 214.2(h)(4)(iii)(A). 
The petitioner has also failed to establish that a degree requirement, in a specific specialty, is common to the 
industry in parallel positions among similar organizations, and offers no evidence in this regard. The 
petitioner has failed to establish the referenced criterion at 8 C.F.R. $ 2 14.2(h)(4)(iii)(A)(2). 
The petitioner indicates that it normally requires a degree or its equivalent for the proffered position. The 
documentation submitted by the petitioner in su ort of this assertion consists of a statement from the 
petitioner's Director of Human Resource ~s.tates that for years the petitioner has 
employed legal researchers to assist attorneys with research projects, and in order to qualify for those 
positions individuals must have completed their law degree or be in the later part of completing the degree. 
LIN 04 091 5001 1 
Page 5 
She indicates that the petitioner currently employs another legal researcher who is in the process of 
completing his law degree. The petitioner does not, however, provide supporting documentary evidence to 
corroborate Ms. tatement. Simply going on the record without supporting documentary evidence 
is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N 
Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N 190 (Reg. Comm. 
1972)). Further, the petitioner's own statements establish that neither a baccalaureate level degree in a 
specific specialty or a law degree is normally required by it for entry into the offered position. A bachelor's 
degree in a specific specialty is not required for entry into law school, and individuals gain entry with degrees 
in a wide range of educational disciplines. The petitioner does not require a law degree for employment as a 
legal researcher or law clerk as it regularly hires individuals for those positions who have yet to co~nplete the 
requirements of a law degree program. The petitioner has failed to establish the criterion at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A)(3). 
Finally, the duties to be performed by the beneficiary are not 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. Nor are the duties so complex or unique that they can be performed only by an individual 
with a degree in a specific specialty. The duties appear to be routine for the position of law clerk in the 
industry. The petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. 
$9 2 14.2(h)(4)(iii)(A)(2) or (4). 
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 failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.