dismissed H-1B Case: Marketing

U.S. Department of Homeland Security 
20 Mass. Ave.. N.W.. Rrn. A3042 
Washngton, DC 20529 
U. S. Citizenship 
and Immigration 
Services h L 
FILE: WAC 04 195 50458 Office: CALIFORNIA SERVICE CENTER Date: a~ 3 0 ZgOfi 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U. S .C. 5 1 1 0 1 (a)( 1 5)(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 
WAC 04 195 50458 
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 provider of travel related products andtor data. It seeks to employ the beneficiary as a public 
relations specialistlmarketing and endeavors to classify her as a nonimmigrant worker in a specialty occupation 
pursuant to section 101 (a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ I lo~(a>tl5>tH>(i>(b>. 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief and additional information 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. 5 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 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 214.2(h)(4)(ii) as: 
[A]n occupation whch requires theoretical and practical application of a body of hghly 
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 hgher 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. 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; 
WAC 04 195 50458 
Page 3 
(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 denial letter; and (3) 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 public relations specialistlmarketing. Evidence of the 
beneficiary's duties includes the Form 1-129 petition with supporting documentation and the petitioner's 
appeal. According to this evidence the beneficiary would: 
Research market conditions of various communities to develop new sales leads and prospects; 
Establish research methodology; 
Design format for data gathering; 
Conduct marketlpublic opinion research on the company's products and services; 
Analyze data as to market trends, competitors, price, sales, sales promotions, advertising, and 
marketing strategies; 
Gather data on consumer preference and travel habits; 
Prepare reports and graphic illustrations; and 
Attend trade shows to increase the petitioner's products, services, and goodwill. 
The petitioner requires a minimum of a bachelor's degree in business, economics, marketing or 
communications 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 Department 
of Labor's Occupational Outlook Handbook (Handbook) reports that the industry requires a degree; whether 
WAC 04 195 5045 8 
Page 4 
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 
degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of the proffered position fall within those noted for advertising, marketing, 
promotions, public relations, and sales managers. The Handbook notes that a wide range of educational 
backgrounds is suitable for enhy into these 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. 
The petitioner itself notes that a bachelor's degree in such unrelated fields as economics and communications 
will qualify an applicant to perform the duties of 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. 5 214.2(h)(4)(iii)(A). 
The petitioner has also failed to establish that a degree requirement, in a specific specialty, is common to the 
industry in parallel positions among similar organizations, or that it normally requires a degree in a specific 
specialty for the position, and offers no evidence in this regard. As such, the petitioner has failed to establish 
the referenced criteria at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) or (3). 
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 as defined, appear to be routine for the position in the 
industry. The petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. 
$5 214.2(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. 
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 failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.