dismissed H-1B Case: Publishing

US. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
idmtigiog dr(ldoMiia 
ent clearly unwarranted 
'on of pemnal privacy 
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PUBLIC COPY 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 800 54960 Office: CALIFORNIA SERVICE CENTER Date: APR 0 3 2006 
IN RE: Petitioner: 
Beneficiary 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (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, 
WAC 04 800 54960 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant 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 a weekly English/Persian periodical that seeks to employ the beneficiary as a technical writer 
and to classify her as a nonimmigrant worker in a specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of 
the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition on the basis that the petitioner did not provide sufficient evidence to establish 
that the proposed position is a specialty occupation. On appeal, counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 3 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. 9 214.2(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. 
214.2(h)(4)(iii)(A) to mean not just any bachelor's or higher degree, but one in a specific field of study that 
is directly related to the proposed position. 
The record of proceeding before the AAO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence (WE); (3) the petitioner's response to the WE; (4) the director's 
denial letter; and (5) Form I-290B and accompanying brief. The AAO reviewed the record in its entirety 
before issuing its decision. 
The petitioner seeks the beneficiary's services as a technical writer. In the initial petition, the petitioner stated 
in its support letter that the beneficiary would perform the following duties: 
WAC 04 800 54960 
Page 3 
write a variety of technical articles, reports, brochures, and/or manuals and documentation for 
a wide range of uses. She will also be responsible for coordinating the display of graphics 
and the production of the related documents. Moreover, inasmuch as she has medical 
education, she is well qualified to write, edit, and prepare health related articles with latest 
news on development and progress of the medical science. 
In response to the director's RFE, the petitioner submitted a job announcement for the proposed position that 
read, in part, verbatim: 
[The petitioner] is looking for energetic technical writer to write a variety of technical 
articles, reports, brochures, and/or manuals for a wide range of uses; responsible for 
coordinating the display of graphics and the production of the document. 
Also, in the response to the RFE, counsel stated that the beneficiary would: 
be in charge of preparing and drafting such medical reports and articles. In this capacity, she 
will be in charge of writing a variety of technical articles, reports, and news, for a wide range 
of usage. She will be responsible for coordinating the compilation of graphics and the 
production of documents. 
The alien will engage in research and studies through medical publications and literature in 
order to keep the employer's readers apprised as to the latest medical discoveries, approved 
medications, and newest dietary regiments. 
The petitioner likened its publication to "People" and "Cosmopolitan" and stated that it would only consider 
candidates for the position who have a degree in the field of health, biochemistry, medicine, or medical 
science. 
The director concluded that the petitioner failed to provide sufficient evidence that the proposed position is a 
specialty occupation under any of the criteria outlined in 8 C.F.R. 9 214.2(h)(4)(iii)(A). 
On appeal, counsel asserts that the beneficiary is a member of the professions and that the proposed position 
requires a member of the professions due to the sensitive nature of the duties. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
9 214.2(h)(4)(iii)(A). Therefore, the proposed position is not a specialty occupation. 
To determine 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 highly specialized knowledge and the attainment 
of a bachelor's degree in a specific field of study as the minimum for entry into the occupation. 
The AAO routinely consults the Department of Labor's Occupational Outlook Handbook (Handbook) for its 
information about the duties and educational requirements of particular occupations. Based on a thorough 
review of the proposed duties alongside the Handbook's description of technical writers, the AAO agrees with 
the petitioner and the director that the proposed duties most closely resemble those of a technical writer. 
WAC 04 800 54960 
Page 4 
To determine whether the position is a specialty occupation, the AAO first turns to the first criterion at 
8 C.F.R. 214.2(h)(4)(iii)(A) - a bachelor's or higher degree or its equivalent, in a specific field of study, is 
normally the minimum requirement for entry into the particular position. The AAO looks at the Handbook's 
discussion of the educational requirements for technical writers to determine whether or not this criterion has 
been established. The Handbook states the following regarding the educational requirements for writers, in 
general, and technical writers, in particular: 
A college degree generally is required for a position as a writer or editor. Although some 
employers look for a broad liberal arts background, most prefer to hire people with degrees in 
communications, journalism, or English. For those who specialize in a particular area, such as 
fashion, business, or law, additional background in the chosen field is expected. Knowledge 
of a second language is helpful for some positions. 
Increasingly, technical writing requires a degree in, or some knowledge about, a specialized 
field-for example, engineering, business, or one of the sciences. In many cases, people with 
good writing skills can acquire specialized knowledge on the job. Some transfer from jobs as 
technicians, scientists, or engineers. Others begin as research assistants or as trainees in a 
technical information department, develop technical communication skills, and then assume 
writing duties. 
The Handbook indicates that jobs in this area do not require specific bachelor's degrees for entry into the 
field. It also indicates that being bilingual is sometimes helpful for these positions. Employers will consider 
those with liberal arts degrees but prefer those with writing backgrounds. In specialized areas, employers 
expect additional knowledge, and sometimes, degrees in the particular area. In many cases, that specialized 
knowledge can be acquired on the job and no specialized degree is necessary. Individuals may start out as 
research assistants and work their way up into writing positions. As such, the petitioner has failed to establish 
that a bachelor's or higher degree, in a specific field of study, is the normal minimum requirement for entry 
into this occupation. 8 C.F.R. 
 214.2(h)(4)(iii)(A)(I). 
The AAO turns next to the first alternative prong of the second criterion at 8 C.F.R. 3 214.2(h)(4)(iii)(A) - 
that a specific degree requirement is common to the industry in parallel positions among similar 
organizations. To determine if a position is a specialty occupation under this criterion, CIS generally 
considers whether or not letters or affidavits from companies or individuals in the industry attest that such 
companies "routinely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 
1 15 1, 1 165 (D.Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 7 12 F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
On appeal, counsel asserts that common sense dictates that a degree in medical sciences must be a requirement in 
the industry in parallel writer positions among periodicals similar to the petitioner. Counsel asserts: "the mere 
fact this petitioner is publishing articles pertaining to healthcare services, indicates that it is engaged in the 
safety, welfare and well-being of the public. This simple fact makes the higher degree in a medical field a 
prerequisite for the underlying position." Neither counsel, nor the petitioner has submitted any evidence to 
support this assertion. The copy of the magazine submitted into the record does not contain any articles in 
English. While some of the advertisements are in English, there is no indication of record that the publication 
is bilingual, as stated by the petitioner. It is incumbent upon the petitioner to resolve any inconsistencies in 
the record by independent objective evidence. Any attempt to explain or reconcile such inconsistencies will 
not suffice unless the petitioner submits competent objective evidence pointing to where the truth lies. Matter 
WAC 04 800 54960 
Page 5 
of Ho, 19 I&N Dec. 582, 59 1-92 (BIA 1988). The petitioner states that the magazine is similar to People or 
Cosmopolitan, neither of which focus primarily on medical issues. There is no certified translation of the 
magazine of record indicating that the magazine publishes medical articles that would require a degree in 
medicine. Going on record without supporting documentary evidence is not sufficient for purposes of 
meeting the burden of proof in these proceedings. Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) 
(citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Therefore, the 
proposed position does not qualify as a specialty occupation under the first alternative prong at 8 C.F.R. tj 
2 14.2(h)(4)(iii)(A)(2). 
The AAO now turns to the third criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A) - the employer normally requires at 
least a bachelor's degree or its equivalent, in a specific field of study, for the position. To determine whether a 
petitioner has established this criterion, the AAO generally reviews the petitioner's past employment 
practices, including the histories of those employees who previously held the position, as well as their names, 
dates of employment, and copies of their diplomas. In the instant case, this criterion is not a factor as the 
petitioner has not submitted evidence to establish a consistent history of hiring individuals with specialized 
degrees for similar positions and implies, on appeal, that this a newly created position. 
Finally, the AAO turns to the criteria related to the complexity, uniqueness, or specialized nature of the 
proposed position. A petitioner satisfies the second alternative prong of the second criterion at 8 C.F.R. 
tj 214.2(h)(4)(iii)(A)(2) if it establishes that a particular position is so complex or unique that it can be 
performed only by an individual with a bachelor's degree in a specific field of study. The criterion at 
8 C.F.R. tj 214.2(h)(4)(iii)(A)(4) requires a petitioner to 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 bachelor's or higher degree in a specific field of study. Counsel asserts that the proposed 
position is "not only unique, but extremely complex" because the medically related articles the beneficiary 
would write must be accurate and original. As noted above, the petitioner has not submitted any 
corroboration of its statement that it publishes medical articles. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Soflci. According to counsel, if the beneficiary commits any errors in writing the articles, she 
could "jeopardize the life of the company and wipe out the entire investment of its shareholders." The 
Handbook indicates that writers "must demonstrate good judgment and a strong sense of ethics in deciding 
what material to publish." Writing responsible, accurate articles for publication is not unique to this particular 
position. These are duties routine to any writer position, technical or otherwise. Without documentary 
evidence to support counsel's claim that this particular writer position is more complex or specialized than 
other technical writer positions, the assertions of counsel will not satisfy the petitioner's burden of proof. 
Matter of Obaigbena; Matter of Laureano; Matter of Ramirez-Sanchez. The petitioner has not established 
that the proposed position is a specialty occupation based upon the complexity, specialized nature, or 
uniqueness of its duties. 
As always, 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. 
ORDER: 
 The appeal is dismissed. The petition is denied.