dismissed H-1B Case: Public Relations

IJ.S. Department of Homeland Security 
20 Mass. Ave.. N.W., Rm. A3042 
Washington, DC 20529 
UB;T, S, Citizenship 
and Immigration 
Services 
FILE: 03 24 1 50 163 Office: CALIFORNIA SERVICE CENTER Date: ,-yr *" ' ' I " ,- 4 i~?~ 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 10 l(a)(l 5)(H)(i)(b) 
OW 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 
WAC 03 241 50163 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Off~ce (MO) on appeal, The appeal will be dismissed. The petition will be denied. 
The petitioner is a medical office that seeks to employ the beneficiary as a public relations specialist. The 
petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
fj 10 l(a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 10 l(a)(l S)(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 howiedge, 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. 
fj 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 public relations specialist. Evidence of the 
beneficiary's duties includes: the 1-129 petition; the petitioner's July 18, 2003 letter in support of the petition; 
and the petitioner's response to the director's request for evidence. According to this evidence, the beneficiary 
WAC 03 241 50163 
Page 3 
would perfom duties that entail: gathering material through research or interviews and preparing reports; 
planning and directing development and communication of information designed to keep the public informed 
of the petitioner's programs and accomplishments; preparing newspaper releases, news letters, speeches, web- 
site materials, magazine articles, and advertising; developing and maintaining internal and external 
communication with key information sources and creating and maintaining favorable public image; 
conducting public inquiry program; initiating personal contacts with media and representatives of other 
agencies to create positive public relations; writing, producing, and distributing press kits and feature stories; 
writing technical materials, such as equipment manuals, appendices, or operating and maintenance 
instructions; and advising management on the public relations aspects of company policies and activities. The 
petitioner indicated that a qualified candidate for the job would possess a bachelor's degree in public 
relations, mass communications, or an equivalent thereof. 
The director found that the proffered position was not a specialty occupation. Citing to the Department of 
Labor's Occupational Outlook Handbook (Handbook), 2004-2005 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.W. 
2 14,2(h)(4)(iii>(A>. 
On appeal, counsel states, in part, that the proffered position can be considered a specialty occupation, in view 
of the specific duties that are related to medical and health activities. Counsel states further that the petitioner 
is a growing business, and denying the instant petition restricts the petitioner's business and expansion plans. 
Counsel cites to a court decision to state that the petitioner's size bears no rational relationship to the need for 
a professional. Counsel additionally states that the proposed duties are so specialized and complex as to 
require a bachelor's degree. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
tj 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO turns first to the criteria at 8 C.F.W. $ 214.2(h)(4)(iii)(A)(1) 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 colnplex 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 aff~davits from firms or individuals in the industry attest that such firms 
"routinely employ and recruit only degreed individuals."See Shanti, Pnc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. 
Minn. 1999)(quoting Hird/Blaker Corp. v. Saw, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 8989)). 
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 is a specialty 
occupation. No evidence in the Handbook, 2004-2005 edition, indicates that a baccalaureate or higher degree in a 
specific specialty, or its equivalent, is required for a public relations specialist job. Counsel's statement on appeal 
that the petitioner is a growing business, and denying the instant petition restricts the petitioner's business and 
expansion plans, is noted. The petitioner, however, must establish eligibility at the time of filing the 
nonimmigrant visa petition. A visa petition may not be approved at a future date after the petitioner or 
WAC 03 241 50163 
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beneficiary becomes eligible under a new set of facts. Matter of Michelin Tire Corp., 17 I[&N Dec. 248 (Reg. 
Comm. 3978). There is no documentation of record that the petitioner is a growing business and that current 
expansion plans are underway. Furthermore, upon review of the proposed duties, it is not clear that the 
beneficiary, as a public relations specialist for a medical office with thee employees, would realistically make 
speeches, produce and distribute press kits, and write equipment manuals, appendices, or operating and 
maintenance manuals. Going on record without supporting documentary evide~~ce is not sufficient for 
purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 
(Comm. 1998) (citing Matter of Treasure Cra@ of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Regarding parallel positions in the petitioner's industry, the petitioner submitted Internet job postings for 
public relations specialists. 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 public relations specialists in the software and retail 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 associatioias 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. 5 214,2(h)(4)(iii)(A)(1') or (2). 
The AAO now turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3) - the employer normally requires a 
degree or its equivalent for the position. As the record indicates that the proffered position is a new position, the 
petitioner, therefore, has not established the criteria set forth at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
Finally, the AAO turns to the criterion at 8 C.F.R. $ 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 
aEainment of a baccalaureate or higher degree. 
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. 5 214.2(h)(4)(iii)(A)(4). 
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 29 1 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
OmER The appeal is dismissed. The petition is denied.