dismissed H-1B Case: Public Relations

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
PUBLIC COPY 
dentllviagdata deleted io 
U. S. Citizenship 
and Immigration 
FILE: EAC 04 087 53534 Office: VERMONT SERVICE CENTER Date: SEP 06 2003 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 I (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(l 5)(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 
EAC 04 087 53534 
Page 2 
DISCUSSION: The service center director 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 a property management company and seeks to employ the beneficiary as a publi~c relations 
manager. The petitioner endeavors to classify the beneficiary as a nonirnmigrant worker in a specialty occupation 
pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8U.S.C. 
9 1 10 1 (a>( 15)(H>(iXb). 
The director denied the petition because the proffered position does not qualify as a specialty occup,ation. On 
appeal counsel submits a brief stating that the offered position qualifies as a specialty occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section lOl(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 9 llOl(a)(lS)(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 Act, 8 U.S.C. $ 11 84(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 fields 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 o:F 
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: 
(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; 
EAC 04 087 53534 
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(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. 
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) the 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) the Form I-290B with counsel's brief. The AAO reviewed the record in its 
entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a public relations manager. Evidence of the 
beneficiary's duties was set forth in the petitioner's letter filed in support of the Form 1-129 petition. 
According to this evidence the beneficiary would: 
Use every available communication medium in an effort to maintain public awareness of the 
petitioner's programs; 
Evaluate and direct advertising and promotion programs for compatibility with public relations efforts 
and serve as the eyes and ears of management in this respect; 
Observe social, economic, and political trends that might ultimately affect the company and make 
recommendations to enhance the petitioner's image based on those trends; 
Plan and conduct a public relations program designed to create and maintain a favorable public image 
for the company; 
Plan and direct development and communication of information designed to keep the public informed 
of the company's services, special programs, accomplishments, and/or point of view; 
Arrange for public relations efforts in order to meet the needs, objectives, and policie:~ of the 
company; 
Prepare and distribute fact sheets, news releases, photographs, motion pictures, or tape recordings to 
media representatives and others interested in learning about the petitioner's activities; 
Purchase advertising space and time as required; 
EAC 04 087 53534 
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Arrange for and conduct public-contact programs designed to meet the company's objectives utilizing 
knowledge of changing attitudes and opinions of customers; 
Promote goodwill through such publicity efforts as speeches, exhibits, films, tours, and at public, 
social, and business gatherings; 
* Research data, create ideas, write copy, and lay out artwork, contact media representatives and 
represent the company before the general public; 
Develop special projects such as campaign fundraisers; 
Direct activities of subordinates; 
Confer with support personnel to coordinate promotions; 
Direct publicity programs, contact people, plan, research, and prepare material for distribution, handle 
marketing, advertising and/or sales promotion work; 
Confer with labor relations personnel to produce internal communications related to 
employee-management relations and with financial managers to produce company reports; 
Assist company executives in drafting speeches, arranging interviews, and maintaining other forms of 
public contact; 
Oversee company archives; 
Respond to information requests; and 
Handle special events such as sponsorship events, parties, web promotions, and other activitiies aimed 
at gaining public attention through the press without advertising directly. 
The petitioner requires a minimum of a bachelor's degree in artslhumanities for entry into the proffered 
position. 
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 ii degree 
requirement is common to the industry in parallel positions among similar organizations, as asserted by 
counsel. 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 115 1, 1165 (D. Minn. 1999) (quoting 
HirdIBlaker Coup. v. Sava, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
EAC 04 087 53534 
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The AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of the proffered position are varied but generally fall within those noted for 
advertising, marketing, promotions, public relations and sales managers. These managers coordinate market 
research, marketing strategy, sales, advertising, promotion, pricing, product development, and public relations 
activities. 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, marketing, sales, and promotion management positions may require a bachelor's or master's degree 
in business administration with an emphasis in marketing. In highly technical industries such as computer 
and electronics manufacturing a degree in engineering or science combined with a business degrlee may be 
preferred. In public relations management positions some employers prefer a bachelor's or master's degree in 
public relations or journalism. The Handbook 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. ij 214.2(h)(4)(iii)(A). 
The petitioner does not assert that a degree requirement is common to the industry in parallel positions among 
similar organizations, and offers no evidence in this regard. The petitioner has not established the referenced 
criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
The petitioner asserts that it normally requires a degree in a specific specialty for entry into the proffered 
position. In support of this assertion, the petitioner states that the duties of the position were previously 
performed by Jeremy Brockway and presented a copy of his Bachelor of Arts degree from the University of 
Delaware. The documentation submitted, however, does not establish the criterion at 8 C.F.R. 
ij 214.2(h)(4)(iii)(A)(3). The degree of bachelor of arts is not a degree in a specific specialty. Since there 
must be a close corollary between the required specialized studies and the position, the requirement of a 
degree in a generalized title, such as 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). Further, 
CIS must examine the ultimate employment of the alien, and determine whether the position qualifies as a 
specialty occupation. Cf: Defensor v. Meissner, 201 F. 3d 384 (5' Cir. 2000). The critical element is not the 
title of the position or an employer's self-imposed standards, but whether the position actually requires the 
theoretical and practical application of a body of highly specialized knowledge, and the attainment of a 
baccalaureate or higher degree in the specific specialty as the minimum for entry into the occupation as 
required by the ~ct.' To interpret the regulations any other way would lead to absurd results: if CIS were 
limited to reviewing a petitioner's self-imposed employment requirements, then any alien with a bachelor's 
degree could be brought into the United States to perform menial, non-professional, or an otherwise 
1 The court in Defensor v. Meissner observed that the four criteria at 8 C.F.R. 214.2(h)(4)(iii)(A) present 
certain ambiguities when compared to the statutory definition, and "might also be read as merely an additional 
requirement that a position must meet, in addition to the statutory and regulatory definition." See id. at 387. 
EAC 04 087 53534 
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non-specialty occupation, so long as the employer required all such employees to have baccalaureate or 
higher degrees. See id at 388. The duties of the proffered position are routinely performed by individuals 
with educational backgrounds in a wide range of unrelated disciplines, and their performance does not require 
the theoretical and practical application of a body of highly specialized knowledge. 
Finally, the duties of the proffered position appear to be routine for advertising, marketing, promotions, and 
public relations managers. They are not so complex or unique that they can be performed only by an 
individual with a degree in a specific specialty. Nor are they 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. As previously noted, a degree in a wide range of educational disciplines will qualify an 
individual to perform the duties of those positions. The petitioner has failed to established the referenced 
criteria at 8 C.F.R. §§ 214.2(h)(4)(iii)(A)(2) or (4). 
The petitioner has failed to establish that the offered position meets any of the criteria listed at 8 C.F.R. 
5 214.2(h)(4)(iii)(A). 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. 
tj 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.