dismissed H-1B Case: Multimedia Advertising

identifyiag data deleted to 
pvent clearly ii; ij-v~m 
invasion of personal privacy 
US. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
)%- 
FILE: WAC 04 246 53066 Office: CALIFORNIA SERVICE CENTER Date: JUN 2 8 2c85 
IN RE: 
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 lOl(a)(lS)(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 04 246 53066 
Page 2 
DISCUSSION: The director of the service center 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 multimedia advertising company that seeks to employ the beneficiary as a management 
analyst. The petitioner, therefore, endeavors to classify the beneficiary 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 10 1 (a)( 1 5)(H)(i)(b). 
The director denied the petition on the ground that the proffered position is not a specialty occupation. 
Counsel submitted a timely appeal. 
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. 
Pursuant to 8 C.F.R. 5 214.2(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; 
(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. 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) 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 
WAC 04 246 53066 
Page 3 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a management analyst. Evidence of the beneficiary's 
duties includes: the Form I- 129; the attachments accompanying the Form I- 129; the petitioner's support letter; 
and the petitioner's response to the director's request for evidence. According to this evidence, the 
beneficiary would perform duties as follows: 
Determine the potential profitable sales in the business industry; examine and analyze statistical data 
and current market information used to facilitate sales and predict future marketing trends in the 
industry; plan, develop, and implement marketing strategies, the review of sales, financial reports, 
and confer with the board of directors and marketing staff in order to meet goals which include 
market expansion. 
Assess performance development needs, compiling information, analyzing subject matter, writing and 
distributing performance development materials for stafflmanagement-level positions; create 
stafflmanagement-level training programs; facilitate and conduct management skills seminars; 
maintain the management-mentoring program and provide constant feedback for improvement. 
Participate in project management coordination, operations management research, operations 
management analysis, userlsystem liaison, andlor compliance coordination for changes to business 
operations/systems. 
Formulate recommendations and options based on analysis, data, and input from users, business unit 
management, and other technical staff; act as an internal specialist and perform needs assessments to 
determine, design, and recommend the best training program for management. 
Review submitted reports on all aspects of the operation including sales, costs, hiring, training, 
ordering inventory, and marketing; create the annual budget for the management training program; 
monitor monthly expenditures and perform monthly reconciliation; track progress, coach, measure 
and report individual results. 
Problem-solve informationloperational needs and restructure/convert processes by applying 
knowledge of business unit operations to the development and maintenance of computerized and non- 
computerized systems and processes; develop newlrevised business systems, operation, or processes 
as a result of new regulations, mergers, acquisitions, product promotions, software releases or new 
ways of conducting business. 
For the proposed position, the petitioner asserts that it requires a baccalaureate degree or the equivalent in 
business. 
In denying the petition, the director stated that some of the proposed duties reflect those of a management 
analyst as that occupation is described in the 2004-2005 edition of the Department of Labor's Occupational 
Outlook Handbook (the Handbook), and he indicated that the Handbook reveals a management analyst is a 
specialty occupation. The director stated that sole reliance on duties resembling those of a management 
analyst as described in the Handbook and the Dictionary of Occupational Titles (DOT) is misplaced, 
however. When determining whether a position qualifies as a specialty occupation, the director stated that the 
WAC 04 246 53066 
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specific duties of the position combined with the nature of the petitioning entity are factors that CIS considers. 
According to the director, each position is evaluated based on the nature and complexity of its job duties. The 
director stated that a beneficiary's degree in a related area does not guarantee the position is a specialty 
occupation; nor does performing incidental specialty occupation duties. According to the director, the 
petitioner does not engage in the type of operation that typically requires the services of a management 
analyst on a regular full-or part-time basis for a significant period and does not have the size, scope, or 
organizational complexity to require management analyst services. The director concluded that the 
beneficiary would not be used exclusively in analyzing the petitioner's structure, efficiency, or profitability. 
The director stated that the petitioner lacks a workforce which is large enough in order to require a 
management analyst to review business functions such as human resources, marketing, logistics, or 
information systems for a three year period. 
On appeal, counsel states that the Handbook and DOT indicate that a management analyst requires at least a 
bachelor's degree in business or a related field, and that private industry generally seeks candidates with a 
master's degree in business administration or a related discipline. Counsel asserts that the petitioner earned 
$219,350 in 2003 and anticipates earning over $500,000 in 2004. Due to this rapid growth and the need to 
further expand, counsel maintains that it is necessary for the petitioner to hire a management analyst to assist 
in running the business more efficiently and effectively. Counsel states that the submitted job postings 
establish the offered position as a specialty occupation, even though some of the companies in the postings 
are larger than the petitioner. Counsel cites Young China Daily vs. Chappel, 742 F. Supp. 552 (N.D. Cal. 
1989) to assert that the determination of whether a position is professional is unrelated to the size of the 
company, the salary offered, or the company's history of maintaining the position. Counsel asserts that 
management analysts are employed by advertising and marketing firms. Counsel points to the submitted 
organizational chart to reflect the petitioner's expected growth in personnel. The beneficiary will "review the 
company's expansion blueprint and eliminate duplicate or non-essential positions/functions," counsel 
maintains. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. 9 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO first considers the criteria at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree or its equivalent is the normal minimum requirement for entry into the particular position; a degree 
requirement is common to the industry in parallel positions among similar organizations; or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. Factors often 
considered by CIS when determining these criteria include: whether the 2006-2007 edition of the Handbook 
reports that the industry requires a degree; 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, Inc. v. Reno, 36 F. Supp. 2d 1 151, 
1 165 (D.Minn. 1999)(quoting Hird/Blaker Corp. v. Sava, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, from a review of the duties of the position and any supporting evidence, whether the 
WAC 04 246 53066 
Page 5 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. 
The AAO routinely consults the Handbook as it provides a comprehensive description of the nature of a 
particular occupation and the education, training, and experience normally required to enter into and advance 
within the occupation. The Handbook describes a management analyst as follows: 
After obtaining an assignment or contract, management analysts first define the nature and 
extent of the problem. During this phase, they analyze relevant data-which may include 
annual revenues, employment, or expenditures-and interview managers and employees 
while observing their operations. The analyst or consultant then develops solutions to the 
problem. While preparing their recommendations, they take into account the nature of the 
organization, the relationship it has with others in the industry, and its internal organization 
and culture. Insight into the problem often is gained by building and solving mathematical 
models. 
Once they have decided on a course of action, consultants report their findings and 
recommendations to the client. These suggestions usually are submitted in writing, but oral 
presentations regarding findings also are common. For some projects, management analysts 
are retained to help implement the suggestions they have made. 
The AAO finds that the proposed duties are depicted in general terms that do not relate the duties to 
specifically described problems and tasks that would demonstrate that the proposed position is that of a 
management analyst, which the Handbook conveys qualifies as a specialty occupation requiring a master's 
degree in a specific specialty. The proposed duties, the AAO notes, are not described in a manner that relates 
them to the petitioner's business operations. For example, the petitioner does not describe in any detail the 
beneficiary's duty to participate in "project management coordination, operations management research, 
operations management analysis, user/system liaison, and/or compliance coordination for changes to business 
operations/systems." The petitioner does not elaborate on the "performance development needs" that will be 
assessed by the beneficiary, the "staff/management-level training programs'' that the beneficiary will develop, 
and the "information/operational needs" that the beneficiary will solve. In light of the lack of specificity of 
the proposed duties and the insufficiency of evidence to more clearly elaborate on the duties, the AAO is not 
persuaded that the offered position would require the level of knowledge attained through a bachelor's degree 
in business administration, which the petitioner asserts is its qualifications requirement. 
The petitioner contends that the position requires a bachelor's degree, or its equivalent, in business. However, 
the petitioner must do more than submit a generalized job description and assert that the position requires a 
degree in a specific specialty; it must submit evidence supporting its contentions. The AAO finds that the 
evidence of record provides no factual basis to conclude that the offered position is one that normally would 
require a bachelor's degree or its equivalent in business. The record contains an advertising business proposal 
that describes the petitioner's services; the document entitled "About Us - Marketing and Consulting"; and 
WAC 04 246 53066 
Page 6 
the brochure about plasma screens. 
 The petitioner does not explain how this evidence illustrates that the 
offered position would require a bachelor's degree in business. 
 The petitioner merely states that the 
company's catalog, Exhibit F, "demonstrates what differentiates the petitioner's products or services from 
others in the industry and why it requires a baccalaureate level of study to perform the duties of the position." 
The document entitled "The Impact of Age and Educational Levels on Consumer Response to Advertising 
Appeals," which is written by the beneficiary, relates to the beneficiary's qualifications for the offered 
position. The petitioner's organizational chart reflects that it intends to hire additional employees; however, 
this evidence is not sufficient to establish that the offered position is that of a management analyst. Going on 
record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof 
in these proceedings. Matter of Soffici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft 
of Calfornia, 14 I&N Dec. 190 (Reg. Comm. 1972)). Consequently, the petitioner failed to demonstrate a 
factual basis upon which to establish that the offered position is one that normally would require at least a 
bachelor's degree or its equivalent in business. 
The AAO notes that the Handbook indicates that a management analyst in private industry holds a master's 
degree in business administration or a related discipline. The Handbook states: 
Educational requirements for entry-level jobs in this field vary widely between private 
industry and government. Most employers in private industry generally seek individuals with 
a master's degree in business administration or a related discipline. . . . 
Accordingly, as the petitioner requires a bachelor's degree in business, its educational requirement for the 
proposed position differs from that of the Handbook's information relating to a management analyst. 
A petitioner must demonstrate that the proffered position requires a precise and specific course of study that 
relates directly and closely to the position in question. Since there must be a close corollary between the 
required specialized studies and the position, the requirement of a degree with a generalized title, such as 
business administration or liberal arts, without further specification, does not establish the position as a 
specialty occupation. Matter of Michael Hertz Associates, 19 I&N Dec. 558 (Comm. 1988). 
The AAO's conclusion, based on the evidence in the record, is that the petitioner fails to satisfy the first 
criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A): that a baccalaureate or higher degree or its equivalent in a specific 
specialty is the normal minimum requirement for entry into the particular position. 
To establish the first alternative prong at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(2), that a specific degree requirement 
is common to the industry in parallel positions among organizations that are similar to the petitioner, the 
record contains two job postings. On appeal, counsel states that the size of the company is irrelevant in 
determining whether a position is professional. In establishing the first alternative prong at 8 C.F.R. 
tj 214.2(h)(4)(iii)(A)(2), however, the petitioner must show that its business has a similar nature with the 
companies to which it is compared. Here, the AAO finds the job postings unpersuasive. One of the postings 
concerns an investment firm, thereby differing from the petitioner, a small multimedia advertising company. 
The nature of the company in the other posting is not revealed; consequently, the AAO cannot determine 
WAC 04 246 53066 
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whether that company is similar to the petitioner. For these reasons, the AAO finds that the job postings fail 
to establish that a specific degree requirement is common to the industry in parallel positions among 
organizations that are similar to the petitioner. 
To establish the second alternative prong at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2), the petitioner must show that 
the proffered position is so complex or unique that it can be performed only by an individual with a degree. 
Based on the lack of specificity describing the offered position and the insufficiency of evidence in the record, 
the AAO finds that the petitioner fails to establish that the offered position has a complexity or uniqueness 
that requires the services of a person with a baccalaureate degree in business. Thus, the petitioner fails to 
establish the second alternative prong at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(2). 
Given that the offered position is newly created the petitioner fails to establish the regulation at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(3), which is that the petitioner must demonstrate that it normally requires a 
degree or its equivalent for the position. 
To satisfy the regulation at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(4), the petitioner must establish that the nature of 
the specific duties is so specialized and complex that the knowledge required to perform them is usually 
associated with the attainment of a baccalaureate or higher degree. Given the lack of specificity of the 
description of the offered position and the insufficiency of evidence, the AAO finds that the petitioner fails to 
establish this last criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(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 on this 
ground. 
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.