dismissed H-1B Case: Marketing

U.S. Department of Homeland Security 
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 20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
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PUBLIC COPY 
FILE: SRC 04 133 5 1938 Office: TEXAS SERVICE CENTER Date: MAR 3 Q 2006 
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. 5 1 lOl(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 office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
SRC 04 133 51938 
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 telemarketing company that seeks to employ the beneficiary as a marketing manager. The 
petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
section 101 (a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 101(a)(l 5)(H)(i)(b). 
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The director denied the petition because the proffered position does not quali~ as a specialty occupation. On 
appeal, the petitioner 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 lOl(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 9 1 lOl(a)(lS)(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. $ 1184(i)(l), defines the ten;? "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 
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minimum for entry into the occupation in the United States. 
The term "specialty occupation" is further defined at 8 C.F.R. 9 214.2(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. 9 214.2(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; 
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(2)  he 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; 
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SRC 04 133 51938 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) 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. 
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) 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 marketing manager. 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: 
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Develop the petitioner's marketing strategy; 
Determine the demand of products and services offered by the petitioner; 
Identify potential markets; 
Develop pricing strategies to maximize market share and customer satisfaction; 
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Monitor trends that indicate the need for new products; 
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Oversee product development; and 
Work with the advertising manager to promote the petitioner's products and services and attract new 
clients. 
The petitioner requires a minimum of a bachelor's degree in marketing for entry into the proffered position. 
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 ~e~arkent 
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 
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SRC 04 133 51938 
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degreed individuals." See Shanti, lnc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Suva, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
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The AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of tk;e proffered position fall within those noted for advertising, marketing, 
promotions, public relations, and sales managers as described in the Handbook. The Handbook notes that a 
wide range of educational backgrounds is suitable for entry into the aforementioned positions, but that many 
employers prefer related experience plus a broad liberal arts background. Bachelor's degrees in sociology, 
psychology, literature, journalism, philosophy, or other subjects are suitable. Requirements will vary, 
however, depending on the duties of a particular position. For example, some employers prefer a bachelor's 
or master's degree in business administration with an emphasis in marketing, for marketing, sales, and 
promotion management positions. In highly technical industries such as computer and electronics 
manufacturing a degree in engineering or science combined with a business degree may be preferred. In 
public relations management positions some employers prefer a bachelor's or master's degree, in public 
relations or journalism. The Handbook further notes that most advertising, marketing, promotions, public 
relations, and sales management positions are filled by promoting experienced staff or related professional or 
technical personnel. Many managers are former sales representatives, purchasing agents, or promotions 
specialists. A baccalaureate or higher degree in a specific specialty or its equivalent is not, therefore, the 
minimum requirement for entry into the position. A degree in a wide range of disciplines will suffice. The 
petitioner has, accordingly, failed to establish the first criterion of 8 C.F.R. fj 214.2(h)(4)(iii)(A). 
The petitioner states that a bachelor's degree in a specific specialty is common to the industry in parallel 
positions among similar organizations, and that it normally requires a degree for the position. The petitioner, 
however, offers no evidence in support of these assertions. 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)). The petitioner has failed to establish the referenced criteria at 8 C.F.R. 
4 2 14.2(h)(4)(iii)(A)(2) or (3). 
The petitioner offers no evidence to establish that it normally requires a degree or its equivalent for entry into 
the proffered position. The petitioner has, therefore, failed to establish the criterion at 8 C.F.R. 
fj 214.2(h)(4)(iii)(A)(3). 
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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 are routine for the position in the industry. The petitioner has 
failed to establish the referenced criteria at 8 C.F.R. $6 214.2(h)(4)(iii)(A)(2) or (4). 
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. 
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SRC04 133 51938 * 
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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.