dismissed H-1B Case: Public Relations

identifyingdata deletedto
preventclearlyunwarranted
invasionof personalprivacy
u.s.Department of Homeland Security
20 Mass. Ave., N.W., Rm. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
PUBLICCOpy
FILE: SRC 06 082 50922
JUN 2b 2007
Office: TEXAS SERVICE CENTER Date:
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(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.
~
~dud 7
0( Robert P. Wiema ,C' f
Administrative App s Office
www.uscis.gov
SRC 06 082 50922
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 wholesaler of hair products and seeks to employ the beneficiary as a public relations manager.
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant
to section 101(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(H)(i)(b).
The director denied the petition because the proffered position does not qualify as a specialty occupation. 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 101(a)(l5)(H)(i)(b) of the Act, 8 U.S.C. § 1101(a)(l5)(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)(1) of the Act, 8 U.S.C. § I I84(i)(1), 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. § 214.2(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 of
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. § 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;
SRC 06 082 50922
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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.
§ 2l4.2(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 1-290B 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:
• Direct publicity programs to targeted audiences, especially business clients;
• Use available communication mediums to promote the petitioner's image and products;
• Evaluate advertising and promotion programs for compatibility with public relations efforts and serve
as the eyes and ears of management;
• Observe social, economic, and political trends that might ultimately affect the company, and make
recommendations to enhance the company's image on the basis of those trends;
• Confer with labor relations managers to produce internal company communications, such as
newsletters about 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; and
• Respond to requests for information.
The petitioner requires a bachelor's degree in a related field for entry into the proffered position, but does not
state that the degree need be in any particular discipline.
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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 degree 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. § 214.2(h)( 4)(iii)(A).
The petitioner asserts that a degree requirement is common to the industry in parallel positions among similar
organizations, and in support of that assertion submits copies of six job advertisements. The advertisements,
however, are of little evidentiary value as they are not from organizations similar in nature to the petitioner.
Further, the advertisements do not indicate that a degree in a specific specialty is required for entry into the
advertised positions. One advertisement requires a degree, but does not indicate that the degree need be in
any specific educational discipline. Two require degrees, but again, do not require a degree in a specific
discipline, indicating only that degrees in journalism, English, or a communication field are preferred. The
remaining advertised positions require degrees in communications, public relations, marketing, business, or
journalism. The advertisements do not establish that a degree in a specific specialty is common to the
industry in parallel positions among similar organizations and the petitioner has not established the referenced
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(2).
The petitioner does not assert that it normally requires a degree in a specific specialty for entry into the
proffered position and offers no evidence in this regard. Accordingly, the petitioner has not established the
criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(3).
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. The petitioner refers to education and training codes assigned to public relations managers
by the Department of Labor to establish that the duties of the position are so specialized, complex or unique
that a college degree is required to normally perform them. Those codes, however, indicate only that the
position normally requires a bachelor's degree. They do not indicate or otherwise state that the degree need
be in any specific educational discipline. As noted in the Handbook, positions requiring a degree accept
SRC 06 082 50922
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degrees in a wide range of educational disciplines. Also, the record of proceeding contains no evidence that
demonstrates that, in contrast to the usual range of public relations positions discussed in the Handbook , the
position proffered here includes specific duties with such complexity and specialization as to require
knowledge usually associated with at least a bachelor 's degree in a specific specialty. The record does not
establish that the duties to be performed by the beneficiary require a course of study in a specific educational
discipline. The petitioner has failed to establish 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.
§ 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.
§ 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed.
ORDER: The appeal is dismissed . The petition is denied .