dismissed H-1B Case: Music

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
d?"- ?-~8etcd Washington, DC 20529 
U. S. Citizenship 
and Immigration 
IC con 
FILE: LIN 04 090 52038 Office: NEBRASKA SERVICE CENTER Date: SEP 0 2 2005 
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. 5 1 10 l(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. Wiernann, Director 
Administrative Appeals Office 
LIN 04 090 52038 
Page 2 
DISCUSSION: The service center director denied the nonirnmigrant 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 music copyright licensing business that seeks to employ the beneficiary as a music 
assistant/administrative assistant. The petitioner endeavors to classify the beneficiary as a nonirnmigrant worker 
in a specialty occupation pursuant to 5 lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 
U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
Section 214(i)(l) of 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. 
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 
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 music assistant/adrninistrative assistant. Evidence of 
the beneficiary's duties includes: the 1-129 petition; the petitioner's February 10, 2004 letter in support of the 
LIN 04 090 52038 
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petition; and the petitioner's response to the director's request for evidence. According to the petitioner's 
February 10, 2004 letter, the beneficiary would perform duties that entail: inputting of copyright and song 
information in the petitioner's database; communicating professionally and effectively with administrators 
regarding song ownership, including copyright verification, catalogs, product, and song information; 
maintaining a working knowledge of church reporting, copy report processing and song verification, and an 
understanding of song audit, royalty allocation, and distribution; performing project work including 
"Authorized Administrator List," "Authorized Catalog List," "Song Reference List," and "SongSelect" 
updates; acting as an information resource for administrators, church and customer service representatives, 
and survey staff; and fulfilling license-holder requests for copyright research reports and administrator 
requests for song information. Moreover, under Part 5 "Nontechnical Description of Job" of the petition, the 
proposed duties are described as: "Obtains copyright and song information and verification." In response to 
the director's request for further evidence, counsel revised the beneficiary's duties, adding items such as: 
"utilizing knowledge of music theory," "assist in the preparation of music engraving, scripting, notation and 
auditing," and "rewrite or modify copy to conform to specific church's style, standards, and biblical policy." 
The petitioner indicated that a qualified candidate for the job would possess a bachelor's degree in music 
education or a related degree. 
The director found that the proffered position, which is that of an administrative assistant, was not a specialty 
occupation because the proposed duties are not so specialized and complex as to require a baccalaureate 
degree. Citing to the Department of Labor's (DOL) Occupational Outlook Handbook (Handbook), 2002-2003 
edition, the director noted that the minimum requirement for entry into the position was not a baccalaureate 
degree or its equivalent in a specific specialty. The director found further that the petitioner failed to establish 
any of the criteria found at 8 C.F.R. 8 214.2(h)(4)(iii)(A). 
On appeal, counsel states, in part, that the director erroneously found that the revised description of duties 
constitutes a material change in the employment conditions. Counsel states further that the director failed to 
take into consideration the specialized nature of the petitioner's industry and the complexity of the proposed 
duties. According to counsel, the DOL7s O*Net "clearly recognizes that some administrative assistant 
positions require a degree." Counsel also states that the director failed to consider the expert opinion letter and 
the industry letter that were submitted as supporting documentation. 
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 turns first to the criteria at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l) 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 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 1151, 1165 (D. 
Minn. 1999)(quoting HirMaker COT. v. Suva, 712 F. Supp. 1095,1102 (S.D.N.Y. 1989)). 
LIN 04 090 52038 
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The AAO routinely consults the Handbook for its information about the duties and educational requirements of 
particular occupations. The AAO does not concur with counsel that the proffered position, which combines the 
duties of an administrative assistant with a musiciadrelated worker, is a specialty occupation. No evidence in the 
Handbook, 2004-2005 edition, indicates that a baccalaureate or higher degree, or its equivalent, is required for 
administrative assistant and musiciadrelated worker jobs. See the Handbook, 2004-2005 ed., under Secretaries 
and Administrative Assistants, and Musicians, Singers, and Related Workers, at 470-471 and 255. 
Counsel's reference to and assertions about the relevance of information from O*Net are not persuasive. A 
category does not indicate that,a particular occupation requires the attainment of a baccalaureate or 
higher degree, or its equivalent, in a specific specialty as a minimum for entry into the occupation. A Job 
Zone category is meant to indicate only the total number of years of vocational preparation required for a 
particular position. The classification does not describe how those years are to be divided among training, 
formal education, and experience, nor specifies the particular type of degree, if any, that a position would - * 
require. 
The record contains two letters, dated March 11,2004 and March 16,2004, respectively, from a music director at 
a Bible college, and the president of a music business in Nashville, Tennessee, who assert that positions such as 
the proffered position require a bachelor's degree. The writers, however, do not provide any evidence in support 
of their assertions. Going on record without supporting documentary dvihence 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 Cali$ohia, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Regarding parallel positions in the petitioner's industry, the petitioner submitted Internet job postings for 
administrative assistant and related positions. There is no evidence, however, to show that the employers 
issuing those postings are similar to the petitioner, or that the advertised positions are parallel to the instant 
position. The advertisements are for positions in the healthcare, financial services, and computer software 
industries. The petitioner's industry, however, is not represented. Thus, the advertisements have no relevance. 
The record also does not include any evidence from professional associations regarding an industry standard, 
or documentation to support the complexity or uniqueness of the proffered position. The petitioner, therefore, 
has not established the criteria set forth at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C:F.R. 3 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. As counsel does not address this issue on appeal, it will not be discussed 
further. 
Finally, the AAO turns to the criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(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. 
I 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as to 
require the highly specialized knowledge associated with a baccalaureate or higher degree, or its equivalent, 
in a specific specialty. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.F.R. 3 214.2(h)(4)(iii)(A)(4). 
LIN 04 090 5203 8 
Page 5 
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. $ 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.