dismissed H-1B Case: Personal Care Services

U.S. Department of Homeland Secure 
20 Mass Ave., N.W., Rrn. A3042 
Washngton, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 04 139 50264 Office: TEXAS SERVICE CENTER Date: OCT 212005 
IN RE: Petitioner: 
Beneficiary: v 
PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 101 (a)(l5)(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 
.. SRC 04 139 50264 
Page 2 
DISCUSSION: The director of the service center denied the nonirnmigrant visa petition and the matter is now 
before the Administrative Appeals Office (MO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner is engaged in the business of providing personal care home services and seeks to employ the 
beneficiary as an administrative assistant. The petitioner, therefore, endeavors to classify the beneficiary as a 
nonirnrnigrant worker in a specialty occupation pursuant to section 10 1 (a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 8 1 101 (a)(15)(H)(i)(b). 
The director denied the petition because the petitioner had not established that the proffered position is a 
specialty occupation. On appeal, counsel submits a brief and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 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 
(El) 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. 
F'ursuant to 8 C.F.R. 8 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(1 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. 
$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 MO 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 documents. The AAO reviewed the record in its 
entirety before issuing its decision. 
., SRC 04 139 50264 
Page 3 
The petitioner is seeking the beneficiary's services as an administrative assistant. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the company 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary would perform duties that entail aiding executives in a staff capacity by coordinating office 
services, such as personnel, budget preparation and control, records control and special management studies; 
studying management methods in order to improve workflow, simplify reporting procedures, or implementing 
cost reductions; analyzing unit operating practices, such as record keeping systems, forms control, office 
layout, suggestion systems, personnel and budgetary requirements, and performance standards to create new 
systems or revise established procedures; analyzing jobs to delimit position responsibilities for use in wage 
and salary adjustments, promotions, and evaluation of workflow; studying methods of improving work 
measurements or performance standards; coordinating collection and preparation of operating reports, budget 
expenditures, and statistical conclusions and recommendations for solution of administrative problems. 
The petitioner indicated that the incumbent must have at least a bachelor's degree specializing in the study of 
business administration. 
The petitioner submitted an evaluation fiom Global Education Group, Inc. The evaluation was based on a 
review of the beneficiary's education, work history, curriculum vitae and personal affidavit. The author 
indicated that the beneficiary's education and work responsibilities in the field of business are equivalent to 
the U.S. degree of Bachelor of Business Administration. 
The director issued a request for evidence that the proffered position meets one of the above listed criteria. 
Specifically, the director noted that an employer's statement that a degree is required is not sufficient; the 
employer must submit documentation to show that individuals with baccalaureate or higher degrees in a 
specialized area have been employed in the past. The director requested that if the petitioner currently 
employs or had previously employed personnel in the proffered position, to submit evidence such as copies of 
employment records. 
Counsel responded to the director's request for evidence and submitted pages fiom the Department of Labor's 
Occupational Outlook Handbook (the Handbook) and the O*NET summary for the occupations of secretaries 
and administrative assistants in support of her contention that the proffered position is a specialty occupation. 
Additionally, counsel submitted an H-1B approval notice, and a credential evaluation indicating a bachelor of 
arts in psychology, and diploma from Ms. Maog. Counsel asserted that this evidence establishes that the 
petitioner requires a degree or its equivalent for the position. Counsel submitted another H-1B approval 
notice for a different petitioner asserting that this evidence supports her contention a degree requirement is 
common for the industry. Counsel referred to an unpublished AAO decision in support of her contention that 
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 bachelor's degree. 
The director noted that the Handbook indicated that high school graduates who have basic office slulls may 
qualify for entry-level secretarial positions. The director noted that the petitioner had submitted a prior H-1B 
approval for another beneficiary as evidence, but that the beneficiary had a degree in psychology, therefore 
this evidence does not establish that the petitioner requires a degree in business administration. The director 
noted that a petitioner must establish the position realistically requires knowledge of such scope, and training 
in theory and fact. The director additionally noted that the petitioner must demonstrate that the position in 
which it seeks to employ the beneficiary requires at least a baccalaureate degree awarded for academic study 
SRC 04 139 50264 
Page 4 
in a specialized major discipline. The director determined that the proffered position of administrative 
assistant was not a specialty occupation. 
On appeal, counsel contends that the director erred in failing to consider supporting documents such as a 
section fi-om the Handbook, the O*NET summary, H-1B approval notices and an unpublished AAO decision. 
Counsel asserts that the duties of the proffered position are so complex in nature that they require completion 
of a bachelor's degree. 
The DOL has replaced the DOT with the Occupational Information Network (O*NET). Both the DOT and 
O*NET provide only general information regarding the tasks and work activities associated with a particular 
occupation, as well as the education, training, and experience required to perform the duties of that 
occupation. The O*NET describes occupations using Job Zones to indicate how many years of preparation 
are necessary for the specific occupation. However, Job Zones do not describe how the years are to be 
divided among training, formal education, and experience, and they do not specify the particular type of 
degree, if any, that a position would require. The DOL7s Handbook provides a more 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. For this reason, CIS is not persuaded by a claim 
that the proffered position is a specialty occupation simply because of its description in the O*NET. 
Counsel further refers to an unpublished decision in which the AAO determined that a proffered position met 
the requirements of a specialty occupation. Counsel has furnished no evidence to establish that the facts of 
the instant petition are analogous to those in the unpublished decision. While 8 C.F.R. 5 103.3(c) provides 
that AAO precedent decisions are binding on all CIS employees in the administration of the Act, unpublished 
decisions are not similarly binding. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO considers the criteria at 8 C.F.R. fj$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 perfarmed 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 
@.Minn 1999)(quoting Hird/Blaker Corp. v. Suva, 712 F. Supp. 1095,1102 (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 
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. 
A thorough review of the Handbook discloses that the duties of the proffered position are for an 
administrative services manager. The Handbook indicates that administrative services managers perform a 
- SRC 04 139 50264 
Page 5 
broad range of duties in virtually every sector of the economy. They coordinate and direct support services 
for many diverse organizations. These workers manage the many services that allow organizations to operate 
efficiently, such as secretarial and reception, administration, payroll, conference planning and travel, 
information and data processing, mail, materials scheduling and distribution, printing and reproduction, 
records management and telecommunications management. Additionally, the Handbook states that specific 
duties for these managers vary by degree of responsibility and authority. For example mid-level managers 
develop departmental plans, set goals and deadlines, implement procedures to improve productivity and 
customer services. The Handbook notes that in small organizations, a single administrative services manager 
may oversee all support services. 
This is similar to the following duties of the position such as: coordinating office services, such as personnel, 
budget preparation and control, records control and special management studies; and collection and 
preparation of operating reports, budget expenditures, and statistical conclusions and recommendations for 
solution of administrative problems. 
The Handbook states the following about the training and educational requirements for administrative services 
manager positions: 
Educational requirements for these managers vary widely, depending on the size and 
complexity of the organization. In small organizations, experience may be the only 
requirement needed to enter a position as office manager. In large organizations, however, 
administrative service managers are normally hired from outside and each position has formal 
education and experience requirements. 
The petitioner fails to establish the frst criterion, as the Handbook indicates that educational requirements 
vary widely. As noted above CIS interprets the term "degree" in the criteria at 8 C.F.R. $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. Accordingly, the petitioner cannot establish that a baccalaureate or higher degree or its 
equivalent in a specific specialty is the normal minimum requirement for entry into the proffered position. 
To establish the second criterion - that a specific degree requirement is common to the industry in parallel 
positions among similar organizations - counsel submits previously approved H-1B petitions. However, each 
nonimmigrant petition is a separate proceeding with a separate record. 8 C.F.R. $ 103.2(b)(16)(ii). Counsel 
notes that CIS approved other petitions that had been previously filed on behalf of other petitioners and 
beneficiaries. If the previous nonimmigrant petitions were approved based on the same unsupported and 
contradictory assertions that are contained in the current record, the approvals would constitute material and 
gross error on the part of the director. The AAO is not required to approve applications or petitions where 
eligibility has not been demonstrated, merely because of prior approvals that may have been erroneous. See, 
e.g. Matter of Church Scientology International, 19 I&N Dec. 593,597 (Cornrn. 1988). It would be absurd to 
suggest that CIS or any agency must treat acknowledged errors as binding precedent. Sussex Engg. Ltd. v. 
Montgomey, 825 F.2d 1084, 1090 (6th Cir. 1987), cert. denied, 485 U.S. 1008 (1988). 
Furthermore, the AAO's authority over the service centers is comparable to the relationship between a court 
of appeals and a district court. Even if a service center director had approved the nonimrnigrant petitions on 
behalf of the beneficiary, the AAO would not be bound to follow the contradictory decision of a service 
SRC 04 139 50264 
Page 6 
center. Louisiana Philharmonic Orchestra v. INS, 2000 WL 282785 (E.D. La.), afyd, 248 F.3d 1139 (5th Cir. 
2001), cert. denied, 122 S.Ct. 51 (2001). 
The evidence fails to establish that a specific baccalaureate degree is common to the industry in parallel 
positions among similar organizations. 
No evidence is in the record that would show the proffered position is so complex or unique that it can be 
performed only by an individual with a degree. Again, the Handbook reveals that the duties of the proffered 
position are performed by administrative managers, a position that does not require a bachelor's degree in a 
specific specialty. 
Nor is there evidence in the record to establish the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. Although the petitioner submitted an H- 
1B approval notice for an alien with a degree in psychology, the petitioner has not established that it requires 
a degree in a specific specialty, as it currently is seeking a candidate with a degree in business administration, 
which is not related to psychology. 
The fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A) requires that the petitioner establish that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is usually 
associated with the attainment of a baccalaureate or higher degree. The petitioner states that the level of 
specialization and complexity of the listed duties is "beyond those normally encountered in this particular 
occupation, which clearly demonstrates that the job offered cannot be performed by an individual whose 
educational training falls short of a baccaIaureate degree." Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Sofici, 
22 I&N Dec. 158, 165 (Comrn. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Comrn. 1 972)). 
The petitioner indicated that the proffered position required at least a bachelor's degree in business 
administration. 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 petitioner has not sufficiently described the complexity of the listed job duties in relation to the 
petitioner's business interests to establish that this position requires a degree in a specific specialty. Once 
again, the Handbook reveals that the duties of the proffered position are performed by administrative services 
managers, an occupation not requiring a bachelor's degree in a specific specialty. 
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. 
Beyond the decision of the director, the petitioner contends that the beneficiary has the equivalent of a 
bachelor's degree in business administration. The AAO notes that a credentials evaluation service may not 
evaluate an alien's work experience or training; it may only evaluate educational credentials. See 8 C.F.R. 
e 
SRC 04 139 50264 
Page 7 
§214.2(h)(4)(iii)(D)(3). Because the position is not a specialty occupation, the beneficiary's qualifications 
need not be addressed. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.