dismissed H-1B Case: Media Distribution

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
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prevent cleparIy unwamW 
invasion of personal privacy 
U.S. Citizenship 
and Immigration 
FILE: EAC 01 064 50589 Office: VERMONT SERVICE CENTER Date: 8 9 mM 
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. $ 1 10 l(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Ofice 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 
EAC 01 064 50589 
Page 2 
DISCUSSION: The nonimmigrant visa petition was approved by the Vermont Service Center on June 14,2001. 
On May 19,2003, a Notice of Intent to Revoke (NOIR) was served on the petitioner by mailing a copy of same to 
the petitioner's attorney. That notice set forth the grounds for revocation of the petitioner's Form 1-129 petition, 
and informed the petitioner that it had 30 days in which to respond to the NOIR. The petitioner responded to the 
NOIR by correspondence dated June 3,2003. On September 8,2003 the director revoked approval of the Form 
1-129 petition. 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 an audioJvideo store specializing in the importation, distribution and sale of Indian movies, 
DVDs, CDs, etc. It seeks to employ the beneficiary as a sales manager, and endeavors to classify him 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. $ 1 101 (a)( 1 S)(H)(i)(b). 
The director's determination revoking the Form 1-129 petition was made after receiving a memorandum from 
the U.S. Consulate in Chennai, India calling into question the bona fides of the petitioner as an audio/visual 
store and the qualification of the offered position as a specialty occupation. After reviewing the record, the 
director found that the petitioner was a viable company but that the record did not establish the circulation 
figures of its movies and DVDs. The director determined that the offered position did not qualify as a 
specialty occupation and revoked approval of the petition. 
Section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 I0 l (a)(] 5)(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 Immigration and Nationality Act (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. 
The term "specialty occupation" is further defined at 8 C.F.R.5 2 14.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in field 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 2 14.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
EAC 01 064 50589 
Page 3 
(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 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. 
8 2 14.2(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. 
Pursuant to 8 C.F.R. 5 214.2(h)(1 l)(B)(iii)(S), the director may revoke an H-IB petition if approval of the 
petition violated paragraph (h) of 8 C.F.R. 5 214.2, or involved gross error. In this instance, approval of the 
petition was in violation of paragraph (h) of the cited regulation in that the proffered position does not qualify 
as a specialty occupation under 8 C.F.R. 3 214.2(h)(4)(iii)(A). The petitioner seeks to employ the 
beneficiary as a sales manager. In this capacity the beneficiary would: 
Review market conditions to determine customer needs, volume potential and pricing to determine where 
the petitioner should concentrate its selling efforts to increase sales volume; 
Analyze and control sales expenditures; 
Represent the petitioner at trade shows and other venues; and 
Prepare sales reports and sales budgets as well as recommend sales related expenditures and 
appropriations. 
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 
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 1 15 1, 1 165 (D. Minn. 1999) (quoting 
Hird/BIaker Corp. v. Suva, 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, 
EAC 01 064 50589 
Page 4 
promotions, public relations, and sales managers. 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 
Hundbook 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. tj 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. The petitioner has failed to establish the 
referenced criteria at 8 C.F.R. tj 2 14.2(h)(4)(iii)(A)(I) or (2). 
Finally, the record does not establish that the duties to be performed by the beneficiary are 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. While the petitioner submitted a corporate tax 
return, it did not submit sufficient information about the Indian movie distribution market to distinguish the 
position from other sales managers described in the Handbook. The duties as defined, appear to be routine in 
the industry for sales managers and are regularly performed by individuals with degrees in a wide range of 
educational disciplines. The petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. 
5 3 2 14.2(h)(4)(iii)(A)(2) or (4). 
The proffered position does not meet any of the requirements of 8 C.F.R. 3 214.2(h)(4)(iii)(A), and the 
petitioner has failed to overcome the grounds of the director's revocation. The director's decision shall, 
therefore, not be disturbed. 
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.