dismissed H-1B Case: Maintenance Supervision

identifjing data deleted to 
prevent clearly unwarranted 
invasion of paropal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 04 189 52414 Office: TEXAS SERVICE CENTER Date: AUG 1 8 2006 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 1 10 l(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the offive that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
SRC 04 189 52414 
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 retirementlnursing home that seeks to employ the beneficiary as a maintenance supervisor. 
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant 
to fj 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 10 l(a)(l S)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, the 
petitioner submits a brief and additional evidence rel?ted to the beneficiary's qualifications. 
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. fj 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 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(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 
director's denial letter; and (5) 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 a maintenance supervisor. Evidence of the beneficiary's 
duties includes the 1-129 petition and the petitioner's response to the director's request for evidence. 
According to this evidence, the beneficiary would perform duties that entail: supervising the daily 
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maintenance activities such as housekeeping, garbage disposal, and repair work; inspecting facility 
installations and services such as the water supply and air conditioning systems, laundry machines, and other 
appliances; overseeing and assisting the maintenance staff; coordinating and establishing services with 
outside maintenance providers; and providing translation duties. The petitioner indicated that a qualified 
candidate for the job would possess a bachelor's degree "of any kind" and relevant employment experience. 
The director found that the proffered position was not a specialty occupation because the petitioner failed to 
establish any of the criteria found at 8 C.F.R. fj 214.2(h)(4)(iii)(A). 
On appeal, the petitioner states, in part, that the proposed duties entail supervising the petitioner's 
maintenance work and ensuring the safety of its elderly residents. 
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. 
The AAO turns first to the criteria at 8 C.F.R. 8 214.2(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 Department of Labor's 
(DOL) Occupational Outlook Handbook (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, 1 165 (D. Minn. 1999)(quoting HirdIBlaker 
Corp. v. Suva, 7 12 F . Supp. 1095, 1 102 (S.D.N .Y. 1989)). 
The AAO routinely consults the Handbook for its information about the duties and educational requirements of 
particular occupations. The AAO does not concur with the petitioner that the proffered position, which is 
primarily that of a supervisory maintenance and repair worker, is a specialty occupation. A review of the 
"Maintenance and Repair Worker, General" training requirements in the Handbook, 2006-2007 edition, finds no 
evidence indicating that a baccalaureate or higher degree, or its equivalent, is normally required for a supervisory 
maintenance and repair worker. Many maintenance and repair workers learn their skills informally on the job. In 
this case, the beneficiary holds an unrelated foreign bachelor's degree in forestry, thereby confirming the 
position of the DOL in its Handbook, namely that a supervisory maintenance and repair worker does not require 
a bachelor's degree in a specialty. The petitioner also has not established that the beneficiary's bilingual duties 
are of such complexity that a baccalaureate degree in a specific specialty, as distinguished from familiarity 
with the English and Filipino languages or a less extensive education, is necessary for the successful 
completion of its duties. Thus, the petitioner has not shown that a bachelor's degree or its equivalent is 
required for the position being offered to the beneficiary. 
The record does not include any evidence regarding parallel positions in the petitioner's industry. The record 
also does not include any evidence from firms, individuals, or professional associations regarding an industry 
standard, or documentation to support the complexity or uniqueness of the proffered position. As indicated in 
the earlier discussion about the Handbook's information, to the extent that it is depicted in the record, the 
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proffered position does not appear unique from or more complex than supervisory maintenance worker positions 
that do not normally require at least a baccalaureate degree, or the equivalent, in a specific specialty. 
The petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. As the petitioner does not address this issue on appeal, it will not be 
discussed further. The evidence of record does not establish this criterion. 
Finally, the AAO turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(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. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as to 
require the highly specialized knowledge associated with a baccalaureate or higher degree, or its equivalent, 
in a specific specialty. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). The information in the record about the proposed duties 
does not establish that they exceed in scope, specialization, or complexity those usually performed by 
supervisory maintenance workers, an occupational category for which the Handbook indicates no requirement 
for or usual association with a baccalaureate or higher degree in a specific specialty. 
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. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.