dismissed H-1B Case: Public Relations

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PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N. W., Rm. 3000 
Washington, DC 20529 
U.S.Citizenship 
and Immigration 
Services 
FILE: SRC 04 135 5 1098 Office: TEXAS SERVICE CENTER Date: JUL 2 1 2006 
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. 5 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, Chief 
Administrative Appeals Office 
SRC 04 135 51098 
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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 provides Internet access, interactive media, and websites. It seeks to employ the beneficiary as 
a public relations assistant. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant 
worker in a specialty occupation pursuant to section 10l(a)(l S)(H)(i)(b) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. 5 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. Counsel submits 
a timely appeal. 
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. tj 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 
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director's denial letter; (5) the petitioner's motion to reopen/reconsider; (6) the decision to deny the motion; 
and (6) the Form I-290B, the brief, and supporting evidence. The AAO reviewed the record in its entirety 
before issuing its decision. 
The petitioner is seeking the beneficiary's services as a public relations assistant. 
 Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; the petitioner's 
support letter; and the petitioner's response to the director's request for evidence. According to this evidence, 
the beneficiary will provide support to the director of marketing and public relations by assisting in 
coordinating public relations and Internet marketing for the petitioner's interactive web clients and ISP 
customers. For the proposed position the petitioner requires a bachelor's degree in marketing and advertising. 
The director determined that the proffered position parallels a public relations manager as that occupation is 
described in the Department of Labor's (DOL) Occupational Outlook Handbook (the Handbook). The 
director stated that the Handbook conveys that a public relations manager does not require a baccalaureate 
degree in a specific specialty. 
On appeal, counsel asserts that the regulation at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(I) does not indicate that the 
minimum requirement for all jobs in the field must be a bachelor's or master's degree. Counsel asserts that a 
position qualifies as a specialty occupation if an employer often or normally requires a baccalaureate degree, 
notwithstanding that such a degree is not specifically required for all entry-level positions in the occupation. 
Counsel contends that because the Handbook states a "college degree combined with public relations experience . 
. . is considered excellent preparation for pubic relations work," the petitioner's requirement of a baccalaureate 
degree is not excessive. Counsel references a prior AAO decision to support her assertion. According to counsel, 
the submitted job postings establish that Internet marketing positions require a baccalaureate degree. The offered 
position is newly created, counsel states. Counsel maintains that the record contains the letter from the 
petitioner's chief operations officer regarding lateral positions that require a baccalaureate degree, and resumes of 
the employees holding those lateral positions. Counsel asserts that the beneficiary is qualified for the offered 
position on the basis of her educational background and internships. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. tj 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. tjtj 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher 
degree in a specific specialty or its equivalent is the normal minimum requirement for entry into the particular 
position; a specific 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 in a specific specialty. 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 1151, 1165 (D.Minn. 1999)(quoting Hird/Blaker Corp. v. Sava, 712 F. 
Supp. 1095, I 102 (S.D.N.Y. 1989)). 
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The Handbook is routinely consulted by the AAO for information about the duties and educational 
requirements of particular occupations. The AAO agrees with counsel in that the offered position parallels 
that of a public relations specialist. Nevertheless, the AAO finds that the Handbook explains that employers 
do not require a baccalaureate degree in a specific specialty for this occupation. It states: 
There are no defined standards for entry into a public relations career. A college degree 
combined with public relations experience, usually gained through an internship, is 
considered excellent preparation for public relations work; in fact, internships are becoming 
vital to obtaining employment. The ability to communicate effectively is essential. Many 
entry-level public relations specialists have a college major in public relations, journalism, 
advertising, or communication. Some firms seek college graduates who have worked in 
electronic or print journalism. Other employers seek applicants with demonstrated 
communication skills and training or experience in a field related to the firm's business- 
information technology, health, science, engineering, sales, or finance, for example. 
Many colleges and universities offer bachelor's and postsecondary degrees in public 
relations, usually in a journalism or communications department. In addition, many other 
colleges offer at least one course in this field. A common public relations sequence includes 
courses in public relations principles and techniques; public relations management and 
administration, including organizational development; writing, emphasizing news releases, 
proposals, annual reports, scripts, speeches, and related items; visual communications, 
including desktop publishing and computer graphics; and research, emphasizing social 
science research and survey design and implementation. Courses in advertising, journalism, 
business administration, finance, political science, psychology, sociology, and creative 
writing also are helpful. Specialties are offered in public relations for business, government, 
and nonprofit organizations. 
Even though the Handbook indicates "[mlany entry-level public relations specialists have a college major in 
public relations, journalism, advertising, or communication," it also reveals that "[tlhere are no defined 
standards for entry into a public relations career." Read collectively, the AAO finds that the Handbook's 
passages indicate that although many entry-level public relations specialists may possess a bachelor's degree 
in certain fields, employers do not require a bachelor's degree in a specific specialty for a career in public 
relations. Thus, employers do not normally require a baccalaureate degree in a specific academic specialty 
for a public relations specialist position. 
The AAO is not persuaded that the prior AAO decision regarding an administrative services manager position 
establishes that the proposed position is a specialty occupation. Counsel states that in the prior decision the 
AAO concluded that the administrative services manager position qualified as a specialty occupation, as it 
required a bachelor's degree based on the Handbook's statement that "postsecondary training in hotel or 
restaurant management [was] preferred for most hotel management positions." The prior AAO decision is not 
binding here as it is not a precedent decision. While 8 C.F.R. 
 103.3(c) provides that Immigration and 
Naturalization Service precedent decisions are binding on all CIS employees in the administration of the Act, 
SRC 04 135 51098 
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non-precedent decisions are not similarly binding. 
 Further, each nonimmigrant petition is a separate 
proceeding. The AAO does not have access to the record of proceeding in the previous case, and cannot 
determine the factual basis for its previous decision. 
The AA07s conclusion, based on the above discussion and the evidence in the record, is that the petitioner 
fails to establish the first criterion at 8 C.F.R. 5 214.2(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. 5 214.2(h)(4)(iii)(A)(2) - that a specific degree requirement 
is common to the industry in parallel positions among similar organizations - counsel refers to job postings. 
The job postings are not persuasive: the companies in the postings differ in nature from the petitioner, an 
Internet access, interactive media, and website provider; or their nature is not revealed in the posting. 
Eagleville Hospital and Empire Bluecross Blueshield are in the health care industry; DuPage Credit Union is 
a financial institution; International Federation of Accountants is not fully described in the posting; however, 
it is a non-profit; Delta Funding is a mortgage company. For the stated reasons the job postings fail to 
establish that a specific degree requirement is common to the industry in parallel positions among 
organizations similar to the petitioner. 
To establish the second alternative prong at 8 C.F.R. fj 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 in 
a specific specialty. The Handbook reveals that employers do not require a bachelor's degree in a specific 
specialty for a career in public relations. Furthermore, the petitioner submitted no evidence in the record 
reflecting that the proposed duties, which involve assisting in coordinating public relations and Internet 
marketing for interactive web clients and ISP customers, have such a complexity or uniqueness as to require a 
baccalaureate degree in marketing and advertising. As such, the evidence fails to establish the second 
alternative prong at 8 C.F.R. fj 2 14.2(h)(4)(iii)(A)(2). 
To establish the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3), the petitioner must show that it normally 
requires a degree or its equivalent for the position. The October 25, 2004 letter fiom the president of the 
petitioning entity states that the petitioner "requires a bachelor's degree for all assistant positions." The October 
25, 2004 letter from the chief operations officer indicates that the submitted resumes of three employees who 
occupy lateral positions (sales and marketing assistant to the chief executive officer, sales and marketing assistant 
to the president, and sales and marketing assistant to vice president of sales and marketing) to the one that is 
offered here, reflect that each of the employees hold a baccalaureate degree. The AAO finds that this evidence is 
insufficient in establishing a past practice of normally requiring a baccalaureate degree for the proposed position 
as the resume of one of the three employees reflects that the employee holds a bachelor of arts degree in history, 
which is not in the field of marketing and advertising. Consequently, the petitioner fails to establish the 
regulation at 8 C.F.R. !j 214.2(h)(4)(iii)(A)(3). 
To establish the regulation at 8 C.F.R. 5 214.2(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 the duties is usually 
associated with the attainment of a baccalaureate or higher degree. The proposed duties parallel those of a 
SRC 04 135 51098 
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public relations specialist, and the Handbook reveals that employers do not require a baccalaureate degree in a 
specific specialty for a career in public relations. The petitioner submitted no evidence to demonstrate that 
the proposed duties, which are public relations activities related to assisting in coordinating public relations 
and Internet marketing for interactive web clients and ISP customers, are so specialized and complex as to 
require a baccalaureate degree in marketing and advertising. Thus, the evidence fails to establish the criterion 
at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(B). 
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. 3 1361. 
The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.