dismissed H-1B Case: Logistics

ident@ing data deleted to 
pvent clearly unwarranted 
invwoa of personal privacy 
PUBLIC COPY' 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 042 51368 Office: CALIFORNIA SERVICE CENTER Date: 
PETITION: petition for a Nonimmigrant Worker Pursuant to Section 1 0 1 (a)( I 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 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 
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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) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a brokerage and logistics company that seeks to employ the beneficiary as an operations 
analyst (logistics). The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant 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. 5 1 101(a)(l S)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief and additional evidence. 
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. 
Pursuant to 8 C.F.R. tj 214.2(h)(4Xiii)(A), to qualifir 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; 
(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. 5 214.2(hX4)(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. 
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The record of proceeding before the AAO contains: (I) the Form 1-129 and supporting documentation; (2) 
the director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an operations analyst. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Form 1-129; and the petitioner's support 
letter. According to this evidence, the beneficiary would perform duties that entail employing principles of 
international business and logistics (product flow) management; analyzing existing systems for inventory 
management and control of goods in international commerce; analyzing logistics factors such as warehousing 
and distribution services, ground transport, and import and export services; reviewing existing procedures and 
formulating proposals for new systems that enhance efficiency of logistical operations from customer contact 
through fulfilling service commitments; using just-in-time principles to improve logistics; providing overseas 
implementation of new systems and procedures; developing an improved management information system for 
tracking and analysis of goods in international commerce; and assisting management in developing pricing 
and terms policies. For the offered position the petitioner requires a bachelor's degree in industrial 
engineering or international business administration. 
In denying the petition, the director found that the proposed duties resemble those of process, physical 
distribution, and logistics consultants as those occupations are described in the Department of Labor's 
Occupational Outlook Handbook's (the Handbook) classification of management, scientific, and technical 
consulting occupations. The director stated that the Handbook discloses that such consulting positions do not 
require baccalaureate-level education in a specific specialty. In addition, the director concluded that the 
petitioner does not engage in the type of business for which a consultant would typically be employed on a 
regular full- or part-time basis for any significant length of time. 
On appeal, counsel states that the director should have issued a request for additional evidence before 
adjudicating the petition, as the petitioner's response would have established the appropriate educational 
standard for the proposed position. Counsel asserts that the director erroneously classified the proposed 
occupation as a consulting position and additionally that the Handbook does not convey that consulting 
positions do not require a baccalaureate degree. Counsel states that the beneficiary's qualifications parallel 
those of a consultant in the Handbook, a bachelor's degree and related experience. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. fj 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
Counsel contends on appeal that the director should have requested further evidence before denying the 
petition. The regulation at 8 C.F.R. fj 103.2(b)(8) requires the director to request additional evidence in 
instances "where there is no evidence of ineligibility, and initial evidence or eligibility information is 
missing." Id. The director is not required to issue a request for further information in every potentially 
deniable case. If the director determines that the initial evidence supports a decision of denial, the cited 
regulation does not require solicitation of further documentation. The director did not deny the petition based 
on insufficient evidence of eligibility. Furthermore, even if the director had committed a procedural error by 
WAC 04 042 5 1368 
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failing to solicit further evidence, it is not clear what remedy would be appropriate beyond the appeal process 
itself. The petitioner has in fact supplemented the record on appeal, and therefore it would serve no useful 
purpose to remand the case simply to afford the petitioner the opportunity to supplement the record with new 
evidence. 
And now, the AAO considers the criteria at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I) 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 performed only by an individual with a degree. 
Factors often considered by CIS when determining these criteria include: whether the Handbook reports that the 
industry requires a degree; whether the industry's 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. 1999Xquoting HiraYBlaker Corp. v. Suva, 7 12 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 
position and determines, from a review of the duties of the position and any supporting evidence, whether the 
position 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 finds that the occupational classification of management, scientific, and technical consulting 
services, as described in the 2006-2007 edition of the Career Guide to Industries (CGI), a companion to the 
Handbook, is relevant in determining whether the offered position qualifies as a specialty occupation. The 
CGI states the following about a logistics consulting firm: 
Another specialty within management consulting is process, physical distribution, and 
logistics consulting services. Firms in this industry specialize in the production and 
distribution of goods, from the first stages of securing suppliers to the delivery of finished 
goods to consumers. Such firms give advice on improvements in the manufacturing process 
and productivity, product quality control, inventory management, packaging, order 
processing, the transportation of goods, and materials management and handling. A domestic 
manufacturing firm might hire a logistics consulting firm to calculate shipping rates and 
import duties for goods being exported or to determine the most cost-effective method of 
shipping products. Consulting firms in this industry also advise on the latest technology that 
links suppliers, producers, and customers together to streamline the manufacturing process. 
Finally, firms in the industry might suggest improvements to the manufacturing process in 
order to utilize inputs better, increase productivity, or decrease the amount of excess 
inventory. 
With respect to the educational requirements of jobs in the management, scientific, and technical consulting 
services classification, the CGI reports: 
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Training and advancement opportunities vary widely within management, scientific, and 
technical consulting services, but most jobs in the industry are similar in three respects. First, 
clients usually hire consulting firms on the basis of the expertise of their staffs, so proper 
training of employees is vital to the success of firms. Second, although employers generally 
prefer a bachelor's or higher degree, most jobs also require extensive on-the-job training or 
related experience. Third, advancement opportunities are best for workers with the highest 
levels of education. 
Most consulting specialties provide a variety of different ways to enter the profession. 
Whereas very few universities or colleges offer formal programs of study in management 
consulting, many fields provide a suitable background. These fields include most areas of 
business and management, such as marketing and accounting, as well as economics, 
computer and information sciences, and engineering. Some schools offer programs in 
logistics and safety that relate directly to consulting jobs in those areas. Some college 
graduates with a bachelor's or master's degree and no previous work experience are hired 
right out of school by consulting firms and go through extensive on-the-job training. The 
method and extent of training can vary with the type of consulting involved and the nature of 
the firm. Some college students might have an advantage over other candidates if they 
complete an internship with a consulting firm during their studies. Other workers with related 
experience are hired as consultants later in their careers. For example, former military or law 
enforcement workers often work for security consulting firms. Similarly, some government 
workers with experience in enforcing regulations might join an environmental or safety 
consulting firm. Consultants in scientific fields often have a master's or doctoral degree, and 
some previously have taught at colleges and universities. 
The CGI indicates that employers in the consulting industry generally prefer a bachelor's or higher degree, 
and for most jobs also require extensive on-the-job training or related experience; and it states that "[m]ost 
consulting specialties provide a variety of different ways to enter the profession." Based on this information, 
the AAO finds that the CGI does not state that a logistics position, which is similar to the offered position, 
would normally require a baccalaureate degree in a specific specialty. 
To establish a position as a specialty occupation a petitioner must do more than assert the position qualifies as 
a specialty occupation: it must submit relevant evidence to support its assertion. With the position offered 
here, the petitioner provides such a generalized description of the proposed duties that it fails to establish that 
the position would require a baccalaureate degree in a specific specialty such as industrial engineering or 
international business administration. For example, the beneficiary will analyze existing systems for 
inventory management and control of goods in international commerce, provide overseas implementation of 
new systems and procedures, and review existing procedures and formulate proposals for new systems that 
enhance efficiency of logistical operations. However, the petitioner does not describe, whatsoever, its 
existing systems or procedures. The beneficiary will analyze warehousing and distribution services, ground 
transport, and import and export services, but the petitioner does not discuss its existing warehousing, or 
ground transportation or distribution services. 
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Furthermore, the record contains virtually no supporting evidence that would demonstrate the particulars of 
the beneficiary's duties and the need for knowledge associated with a baccalaureate degree in a specific field 
such as industrial engineering or international business administration. The AAO notes that the petitioner 
submitted only a few documents relating to its operations. Those documents are the Customhouse Broker 
Permit and the company brochure. This evidence, however, is not dispositive in establishing the proposed 
position as requiring a baccalaureate degree in a specific specialty as it does not specifically elaborate on the 
proposed duties. Simply going on record without supporting documentary evidence is not sufficient for the 
purpose of meeting the burden of proof in these proceedings.. Matter of SofJici, 22 I&N Dec. 158, 165 
(Comm. 1998) (citing Matter of Treasure Crafi of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Consequently, the petitioner failed to demonstrate a factual basis on which to establish that the offered 
position is one that normally would require at least a bachelor's degree or its equivalent in industrial 
engineering or international business administration or a related specialty. 
Thus, based on the evidence in the record, the petitioner fails to establish 8 C.F.R. 8 214.2(h)(4)(iii)(A)(I): 
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 petitioner submitted no evidence to establish the first alternative prong at 
8 C.F.R. tj 214.2(h)(4)(iii)(A)(2) - that a specific degree requirement is common to the industry in parallel 
positions among similar organizations. 
The petitioner has not satisfied the second alternative prong at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(2) as no 
evidence in the record shows that the proffered position is so complex or unique that it can be performed only 
by an individual with a degree. The evidence of record does not establish that the offered position requires a 
baccalaureate degree in a specific academic specialty. Thus, the petitioner fails to establish the second 
alternative prong at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
No evidence in the record establishes the regulation at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(3): that the petitioner 
normally requires a degree or its equivalent for the position. 
To satisfy the regulation at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(4), the petitioner must establish 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. The petitioner failed to specify the duties 
that would be performed in relation to its particular business interests. The petitioner's brochure of record 
does not indicate that it engages in freight consulting services as described in the duties. Simply going on 
record without supporting documentary evidence is not sufficient for the purpose of meeting the burden of 
proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of 
Treasure Crafl of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). The evidence of record fails to 
establish the offered position as requiring a baccalaureate degree in a specific specialty. Accordingly, the 
petitioner fails to establish this last criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(4). 
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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 of the petition on this 
ground. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. fj 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.