dismissed H-1B Case: Market Research

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A 3042 
Washington. DC 20529 -."-- - 'q* 
- 6 
prevent deariy unwarranted 
-QfP=-b-m 
U.S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 026 52190 Office: CALIFORNIA SERVICE CENTER Date: 'm 0 8 
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. 3 1 10 l(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 retilrned to 
the office that originally decided your case. Any further inquiry must be made to that office. , 
Robert P. 'Wiemann, Director 
Administrative Appeals Office 
WAC 04 026 52 190 
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 flower sales and distribution business that seeks to employ the beneficiary as a market 
research analyst. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to 8 lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 lOl(a)( 15)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the duties of a specialty 
occupation. On appeal, counsel submits a brief and additional documentation, including the following: 
evidence of the beneficiary's membership to the American Management Association, copies of previously 
submitted certificates from the Chamber of Commerce in BogotA, Colombia; a new academic opinion; and 
foreign employment letters. 
Section 214(i)(2) of the Act, 8 U.S.C. 5 1184(i)(2), states that an alien applying for classification a:; an H-1B 
nonimmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. 3 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specially 
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 hirn 
or her to fully 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. 
The record of proceeding before the AAO contains, in part: (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. 
WAC 04 026 52190 
Page 3 
The petitioner is seeking the beneficiary's services as a market research analyst. The petitioner indicated that 
a qualified candidate for the job would possess a bachelor's degree in business administration and two years 
of related experience. 
The director found that the beneficiary was not qualified for the proffered position because the beneficiary's 
education, experience, and training were not equivalent to a baccalaureate degree in a specialty required by 
the occupation. On appeal, counsel states, in part, that the beneficiary is qualified for the position because his 
foreign education is equivalent to three years of university-level credit in the United States, he is a member of 
the American Management Association, and he has more than nine years of relevant and progressive 
employment experience. Counsel asserts, "[The beneficiary's] three years of university education at the 
University of Los Andes, his nine years of experience, and his membership in the AMA, satisfy the three-for- 
one rule and are more than equivalent to a U.S. bachelor's degree in business administration with 
concentration in business management." Counsel also submits new evidence enumerated above. 
The record contains the following documentation pertaining to the beneficiary's qualifications: 
Evaluation report, dated September 29, 2000, from a company that specializes in evaluating 
academic credentials concluding that the beneficiary holds the U.S. equivalent of a bachelor's 
degree in business administration, based on his educational background and work experienc'e; 
Evaluation reports, dated January 9, 2004, and February 23, 2004, respectively, from a 
company that specializes in evaluating academic credentials concluding that the beneficiary 
holds the U.S. equivalent of a bachelor's degree in business administration with emphasis in 
marketing, based on his educational background, work experience, and the opinions from U.S. 
academic experts; 
Academic opinion, dated June 15, 2005, from an assistant professor of an accredited business 
school at a U.S. university, who states, in part, that the beneficiary's educational background 
and approximately fourteen years and one month of professional training and work experience 
in business management, and related areas, are equivalent to a U.S. bachelor's degree in 
business administration, with a concentration in business management; 
Academic opinion, dated January 5, 2004, from an associate professor of marketing at a U.S. 
university, who states, in part, that the beneficiary's educational background and work 
experience are equivalent to a U.S. bachelor's degree specializing in marketing; 
Academic opinion, dated February 21, 2004, from an associate dean of an accredited business 
school at a U.S. university, who states, in part, that the beneficiary's educational background 
and work experience are equivalent to a U.S. bachelor's degree in business administration with 
a specialization in marketing; 
Evidence of the beneficiary's membership to the American Management Association; 
Transcripts reflecting three years (six semesters) of studies in the School of Engineering at the 
Universidad de Los Andes in Bogotii, Colombia from 1977 to 198 1; 
WAC 04 026 52190 
Page 4 
Certificate, issued by the Universidad de Los Andes on December 12, 1990, certifying that the 
beneficiary attended a 32-hour seminar on the financial evaluation of private investment 
projects; 
Certificate, issued by the Universidad de Los Andes on August 10, 2000, certifying that, in 
September 1992, the beneficiary attended a 16-hour seminar on the handling of financial 
instruments; 
Letter, dated August 9, 2000, from the commercial director of the Serninarium in BogotB, 
Colombia, certifying that the beneficiary attended an 8-hour seminar in strategic sales 
management; 
Certificates from the Chamber of Commerce in Bogoti, Colombia; and 
Two foreign employment letters, both dated May 31,2005. 
Upon review of the record, the petitioner has failed to establish that the beneficiary is qualified to perform an 
occupation that requires a baccalaureate degree in a marketing-related field. The beneficiary does riot hold a 
baccalaureate degree from an accredited U.S. college or university in any field of study, or a foreign degree 
determined to be equivalent to a baccalaureate degree from a U.S. college or university in any field of study. 
Therefore, the petitioner must demonstrate that the beneficiary meets the criterion at 8 C.F.R. 
9 2 14.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a United States 
baccalaureate or higher degree shall be detennined by one or more of the following: 
(I) An evaluation from an official who has authority to grant college-level credit for training 
andfor experience in the specialty at an accredited college or university which has a program 
for granting such credit based on an individual's training andfor work experience; 
(2) The results of recognized college-level equivalency examinations or special credit programs, 
such as the College Level Examination Program (CLEP), or Program on Noncollegiate 
Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which specializes i:n 
evaluating foreign educational credentials; 
(4) Evidence of certification or registration from a nationally-recognized professional association 
or society for the specialty that is known to grant certification or registration to persons in the 
occupational specialty who have achieved a certain level of competence in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the specialty 
occupation has been acquired through a combination of education, specialized training, 
and/or work experience in areas related to the specialty and that the alien has achieved 
recognition of expertise in the specialty occupation as a result of such training anti 
experience. 
WAC 04 026 52190 
Page 5 
The record contains three evaluation reports from a company that specializes in evaluating academic 
credentials, and three academic opinions, which are enumerated above. The evaluation report, dated 
September 29, 2000, is based upon the beneficiary's education and work experience. A credentials evaluation 
service may not evaluate an alien's work experience or training; it can only evaluate educational credentials. 
See 8 C.F.R. 5 214.2(h)(4)(iii)(D)(3). Thus, the evaluation carries no weight in these proceedings. Matter of 
Sea, Inc., 19 I&N Dec. 8 17 (Comm. 1988). 
The evaluation reports, dated January 9, 2004, and February 23, 2004, respectively, are base:d on the 
beneficiary's educational background, work experience, and the opinions from academic experts. The 
academic opinions, dated January 5, 2004 and February 21, 2004, respectively, are based on the beneficiary's 
educational background and work experience. All of the authors of these reports and opinions base their 
conclusions regarding the beneficiary's foreign employment primarily on the assertions of the beneficiary in 
his resume. Going on record without supporting documentary evidence, however, 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 Dec. 190 (Reg. Comm. 1972)). CIS 
may, in its discretion, use as advisory opinion statements submitted as expert testimony. However, where an 
opinion is not in accord with other information or is in any way questionable, CIS is not required to accept or 
may give less weight to that evidence. Matter of Caron International, 19 I&N Dec. 791 (Comm. 1988). 
On appeal, counsel submits an academic opinion, dated June 15, 2005, from an assistant professor of an 
accredited business school at a U.S. university, who states, in part, that the beneficiary's educational 
background and approximately fourteen years and one month of professional training and work experience in 
business management, and related areas, are equivalent to a U.S. bachelor's degree in business administration, 
with a concentration in business management. The writer of this opinion bases his conclusions regarding the 
beneficiary's foreign employment on the beneficiary's resume and letters from two of the beneficiary's 
by an authorized representative of the respective business. It is further noted that the record contains no 
evidence of the beneficiary's employment as a private consultant for the city of Bogoti, though the writer 
bases his conclusion, in part, upon such employment. CIS may, in its discretion, use as advisory opinion 
statements submitted as expert testimony. However, where an opinion is not in accord with other infbrmation 
or is in any way questionable, CIS is not required to accept or may give less weight to that evidence. Matter 
of Caron International, 19 I&N Dec. 791 (Comm. 1988). 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5), three years of 
specialized training and/or work experience must be demonstrated for each year of college-level training the 
alien lacks. It must be clearly demonstrated that the alien's training and/or work experience included the 
theoretical and practical application of specialized knowledge required by the specialty occupation:, that the 
alien's experience was gained while working with peers, supervisors, or subordinates who have a degree or its 
equivalent in the specialty occupation; and that the alien has recognition of expertise in the specialty 
evidenced by at least one type of documentation such as: 
WAC 04 026 52190 
Page 6 
(i) Recognition of expertise in the specialty occupation by at least two recognized 
1 
authorities in the same specialty occupation ; 
(ii) Membership in a recognized foreign or United States association or society in the 
specialty occupation; 
(iii) Published material by or about the alien in professional publications, trade journals, 
books, or major newspapers; 
(iv) Licensure or registration to practice the specialty occupation in a foreign country; or 
(v) Achievements which a recognized authority has determined to be significant 
contributions to the field of the specialty occupation. 
The record contains evidence of the beneficiary's three years of coursework related to mechanical 
engineering, and additional training, such as the business-related seminars enumerated above. The record also 
contains evidence of the beneficiary's membership to the American Management Association and certificates 
from the BogotB, Colombia Chamber of Commerce. This documentation does not establish equivalence to a 
baccalaureate degree in a business-related field. The record establishes that the beneficiary has two years of 
general university-level studies toward a degree. The beneficiary would thus need to establish six years of 
related work experience requiring the theoretical and practical application of a body of highly specialized 
knowledge. 
The AAO now turns to the beneficiary's prior work experience, and whether it included the theoretical and 
practical application of specialized knowledge required by the specialty. As discussed above, both of the 
foreign employment letters appear to be authored by former employees of the Colombian businesses, 
Cointerandina Comercializadora Intemacional Andina Ltda. ("CCIA") and C.I. Comercializadora Sama 
Ltda., where the beneficiary states that he worked for more than nine years performing business-related 
duties. Neither letter, however, is written on official letterhead nor appears to be written by an authorized 
representative of the respective business. Furthermore, the record contains no evidence of the beneficiary's 
employment as a private consultant for the city of BogotA. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Sofici, 
22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 1.90 (Reg. 
Comrn. 1 972)). 
Finally, there is insufficient evidence that the beneficiary has recognition of expertise. As discussed above, 
the evaluators and academic experts of the five evaluation reports and opinions dated September 29, 2000, 
January 9, 2004, February 23, 2004, January 5, 2004 and February 21, 2004, respectively, rely primarily on 
the beneficiary's resume in making their conclusions about the beneficiary's prior work experience. The 
1 Recognized authority means a person or organization with expertise in a particular field, special skills or 
knowledge in that field, and the expertise to render the type of opinion requested. A recognized authority's 
opinion must state: (1) the writer's qualifications as an expert; (2) the writer's experience giving such 
opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; 
(3) how the conclusions were reached; and (4) the basis for the conclusions supported by copies or citations of 
any research material used. 8 C.F.R. 3 214.2(h)(4)(ii). 
WAC 04 026 52190 
Page 7 
writer of the academic opinion, dated June 15, 2005, relies primarily on employment letters that appear to be 
written by former employees of the correspondent businesses, as opposed to a legal representative of each 
business. The record also contains no evidence of the beneficiary's employment as a private consultant for the 
city of Bogoti, though the writer bases his conclusion, in part, upon such employment. Going on record 
without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings. Matter of Sofici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg. Comrn. 1972)). CIS may, in its discretion, use as advisory opinion 
statements submitted as expert testimony. However, where an opinion is not in accord with other information 
or is in any way questionable, CIS is not required to accept or may give less weight to that evidence. Matter 
lr 
of Caron International, 19 I&N Dec. 791 (Cornrn. 1988). As related in the discussion above, the petitioner 
has failed to establish that the beneficiary is qualified to perform the duties of the proffered position. 
Accordingly, the AAO shall not disturb the director's denial of the petition. 
Beyond the decision of the director, the AAO finds that the position requires the services of an employee with 
a master's degree. The Handbook indicates that employers in private industry require a master's degree as the 
minimum requirement for market and survey research jobs. While bachelor's degrees may be acceptable for 
entry-level positions such as research assistant, administrative or management trainee, marketing interviewer 
and salesperson, the duties of the proffered position describe those of a market research analyst. The record 
indicates that the beneficiary has the equivalent of three years of university-level credit. He thus cannot be 
determined to have the equivalent of a master's degree. The regulation provides that for equivalence to a 
master's degree, the alien must have a baccalaureate degree followed by at least five years of progressive 
experience in the specialty. 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5). As he did not obtain a baccalaureate degree, he 
cannot be determined to have the equivalent of a master's degree. For this additional reason, the petition may 
not be approved. 
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.