dismissed H-1B Case: Manufacturing

U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: LIN 04 263 527 17 Office: NEBRASKA SERVICE CENTER Date: JAN 2 7 2056 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All materials 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 
LW 04 263 52717 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition. The matter is now on 
appeal before the Administrative Appeals Office (AAO). The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a producer and distributor of specialized enamel solutions. It seeks to employ the 
beneficiary as an OEM account professional and to classify her 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. 3 1 lOl(a)(15)(H)(i)(b). 
The director denied the petition on the ground that the record failed to establish that the proffered position 
qualifies as 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. 
As provided in 8 C.F.R. 3 214.2(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; 
(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. 
3 214.2(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 evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's 
decision; and (5) Form I-290B, an appeal brief, and supporting materials. The AAO reviewed the record 
in its entirety before issuing its decision. 
LIN 04 263 52717 
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The petitioner describes itself as a manufacturer of component parts for cooking ranges, gas furnaces, 
barbecue grills, ice merchandisers, and telephone booths, whose primary customers are "original 
equipment manufacturers" (OEMs) of appliances. The petitioner states that it was established in 1916, 
has 67 employees and gross annual income in excess of $10 million, and is organized in three 
departments: fabrication (metal stampings, welding, and assembly); enamel (porcelain coating services 
on steel and cast iron substrates); and ICE MAID Ice Merchandisers and related ice equipment and 
supplies. The petitioner proposes to employ the beneficiary as an OEM accounts professional to manage 
and coordinate its OEM accounts, among other tasks. According to the petitioner, the educational 
requirement for the job is a master's degree in the field of business or in the field of marketing and sales. 
The record indicates that the beneficiary earned a bachelor of science in business administration, majoring 
in international business, from Southern Illinois University in May 2002, and a master of business 
administration from the same university in December 2003. 
In response to the RFE the petitioner listed the duties of the proffered position, and the percentage of time 
required by each duty, as follows: 
25% Manage the identification of, and be involved in marketing to, prospective customers. 
Work with existing customers and industry resources to determine possible development 
opportunities and coordinate pursuit of those opportunities. Research new markets and 
create strategies for entering those markets. 
15% Manage and coordinate critical OEM accounts. Maintain and grow the existing OEM 
customers. 
3% Coordinate customer satisfaction survey process. 
10% Utilize sophisticated market research skills to track price changes and marketing trends 
throughout the OEM industry. Calculate and implement market appropriate price 
increases or decreases and evaluate new surcharges issued by suppliers. 
15% Manage and direct the OEM sales estimator. Evaluate the price quotes prepared by the 
estimators and determine the ultimate price. 
20% Mediate issues that arise between customers and the engineering staff. Maintain ongoing 
communication with customers to address design distribution issues from the beginning 
of the manufacturing process until delivery of the product. 
15% Maintain all customer files and current revision levels of drawings on all existing parts. 
Serve as a member of the design team. 
10% Coordinate compliance measures to ensure the company meets the IS0 9001-2000 
policies, procedures and work instructions. 
1% Conduct internal audits monthly and evaluate results with the quality manager. 
LIN 04 263 52717 
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In his decision the director found that the proffered position was not described in the Department of Labor 
(D0L)'s Occupational Outlook Handbook (Handbook). The record did not show that a baccalaureate or 
higher degree in a specific specialty was required to perform the job, the director declared, and noted that 
the three individuals identified by the petitioner as previous occupants of the proffered position held 
degrees in a variety of disciplines. The director found that the nature of the proffered position and its 
specific duties are not so complex, unique, or specialized that they require a degree in a specific specialty 
or equivalent knowledge to perform. Nor was there any evidence in the record that such a degree 
requirement is common to the industry in parallel positions among similar organizations. The director 
concluded that the proffered position did not qualify as a specialty occupation under any of the criteria 
enumerated at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
On appeal counsel asserts that the proffered position encompasses both marketing and engineering 
functions and therefore requires at least a bachelor's degree in businsslmarketing or 
engineering/mechanical engineering. Counsel asserts that the position qualifies as a specialty occupation 
under all four criteria enumerated at 8 C.F.R. 8 214.2(h)(4)(iii)(A). Counsel states that the petitioner has 
always required a specialty degree for the position, referring to the petitioner's previously submitted 
names and degrees of prior occupants of the position, and cites a couple of newly submitted internet job 
announcements for OEM account managers requiring a bachelor's degree in engineering and/or 
marketing as evidence of an industry-wide requirement of a specialty degree. Counsel also submits an 
additional description of the proffered position, which augments the description of each previously listed 
job duty, as evidence that the duties of the position are so specialized and complex that their performance 
requires baccalaureate or higher level knowledge. 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, 
CIS routinely consults the DOL Handbook as an authoritative source of information about the duties and 
educational requirements of particular occupations. Factors typically considered are whether the 
Handbook indicates a degree is required by the industry; 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, Znc. v. Reno, 36 F.Supp. 2d 1151, 1165 (D.Minn. 1999) (quoting HirdIBlaker Corp. v. Sava, 
764 F.Supp. 1095, 1102 (S.D.N.Y. 1989)). CIS also analyzes the specific duties and complexity of the 
position at issue, with the Handbook's occupational descriptions as a reference, as well as the petitioner's 
past hiring practices for the position. See Shanti, Inc. v. Reno, id., at 1165-66. 
Based on the petitioner's description of the duties of the OEM account professional, the AAO determines 
that the proffered position accords with the Handbook's description of a marketing manager. That 
occupation - which is a sub-category of the Handbook's broad occupational category of advertising, 
marketing, promotions, public relations, and sales managers - is described as follows: 
Marketing managers develop the fm's detailed marketing strategy. With the help of 
subordinates . . . [tlhey determine the demand for products and services offered by the 
firm and its competitors. In addition, they identify potential markets . . . . Marketing 
managers develop pricing strategy with an eye towards maximizing the firm's share of 
the market and its profits while ensuring that the firm's customers are satisfied. In 
collaboration with sales, product development, and other managers, they monitor trends 
that indicate the need for new products and services and oversee product development. 
LIN 04 263 52717 
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Marketing managers work with advertising managers to promote the firm's products and 
services and to attract potential users. 
Handbook, 2004-05 edition, at 23-24. As for the educational requirements for entry into the occupation, 
the Handbook states, in pertinent part, as follows: 
A wide range of educational backgrounds is suitable for entry into advertising, marketing, 
promotions, public relations, and sales managerial jobs, but many employers prefer those 
with experience in related occupations plus a broad liberal arts background. A bachelor's 
degree in sociology, psychology, literature, journalism, or philosophy, among other 
subjects, is acceptable. 
For marketing . . . management positions, some employers prefer a bachelor's or master's 
degree in business administration with an emphasis on marketing . . . . 
Most . . . marketing . . . management positions are filled by promoting experienced staff 
or related professional personnel. For example, many managers are former sales 
representative, purchasing agents, buyers, or product . . . specialists. 
Id. at 24-25. Thus, a marketing manager does not meet the first alternative criterion of a specialty 
occupation, at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l), because a baccalaureate degree in a specific specialty is 
not the normal minimum requirement to enter into such a position. While the Handbook indicates that 
some employers may prefer a baccalaureate or higher degree in business administration with an emphasis 
on marketing, it is not an industry standard. A wide variety of degrees can be suitable for a marketing 
manager, and many positions are filled by promoting sales representatives, purchasing agents, buyers, or 
product specialists, none of which, according to the Handbook, are positions requiring a baccalaureate or 
higher degree in a specific specialty. The AAO determines, therefore, that the proffered position does not 
qualify as a specialty occupation under 8 C.F.R. 3 214.2(h)(4)(iii)(A)(l). 
With regard to the second alternative criterion of a specialty occupation, two internet job announcements 
have been submitted on appeal from companies seeking to hire OEM account managers, one of which 
requires a bachelor of science in engineering and the other a bachelor of science in marketing or 
engineering. Neither of the advertising companies is in the same line of business as the petitioner, 
however, and neither job posting provides any information about the advertising company's size and scale 
of operations relative to the petitioner. The record contains a third internet job posting (submitted with 
the response to the RFE) for an OEM account manager requiring a degree in engineering or business, but 
it does not identify the advertising company or its line of business, and provides no information about the 
company's size and scale of operations relative to the petitioner. Thus, the internet job postings do not 
establish that a baccalaureate or higher degree in a specific specialty is a common requirement of the 
petitioner's industry in parallel positions among similar organizations. Accordingly, the proffered 
position does not qualify as a specialty occupation under the first prong of 8 C.F.R. 214.2 
(h)(4)(iii)(A)(2). Nor does the petitioner's description of the position, or other evidence in the record, 
demonstrate that the proffered position is so complex or unique that a degree in a specific specialty is 
required to perform the job. Accordingly, the proffered position does not qualify as a specialty 
occupation under the second prong of 8 C.F.R. 3 214.2(h)(4)(iii)(A)(Z). 
LIN 04 263 52717 
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As for the third alternative criterion of a specialty occupation, the petitioner asserts that it has always 
required a specialty degree for the proffered position and has submitted the names of three individuals 
who, it states, formerly served as its OEM account professional. According to the petitioner, one of its 
prior employees held a bachelor of science in marketing, the second held a bachelor of science in 
engineering, and the third held a bachelor of science in mechanical engineering. There is no 
documentation in the record, however, showing that any of those three individuals actually worked for the 
petitioner and in what capacity. Nor is there any documentary evidence of the educational degrees the 
petitioner states were earned by those individuals. Simply going on record without supporting 
documentation does not satisfy the petitioner's burden of proof. See Matter of Sofici, 22 I&N Dec. 158, 
165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Cornm. 1972)). 
Accordingly, the position does not qualify as a specialty occupation under the third alternative criterion at 
8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(3). 
Finally, the record does not show that the duties of the proffered position are so specialized and complex 
that they require baccalaureate level knowledge in a specific specialty, as required to meet the fourth 
alternative criterion of a specialty occupation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). Performing the duties 
of the proffered position requires marketing knowledge, as well as knowledge of the petitioner's industry 
and product line. All of this knowledge can be learned on the job, and is not usually associated with the 
attainment of a baccalaureate or higher degree in a specific specialty. 
For the reasons discussed above, the record does not establish that the proffered position meets any of the 
criteria enumerated in 8 C.F.R. 5 214.2(h)(4)(iii)(A) to qualify as a specialty occupation. Thus, the 
petitioner has not established that the beneficiary will be coming temporarily to the United States to 
perform services in a specialty occupation, as required under section lOl(a)(lS)(H)(i)(b) of the Act, 
8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision 
denying the petition. 
ORDER: The appeal is dismissed. The petition is denied.