dismissed H-1B Case: Purchasing

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 101 (a)(l S)(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 
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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 an importer and exporter of computer/electronics, and seeks to employ the beneficiary as a 
purchasing manager. The petitioner endeavors to classifL the beneficiary as a nonimrnigrant worker in a specialty 
occupation pursuant to section 10 l(a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 l(a)(l5>(H>(i)(b>. 
The director denied the petition because the proffered position does not qualify as a specialty occupation, and 
because the beneficiary does not qualify to perform the duties of a specialty occupation. On appeal, counsel 
submits a brief and additional information stating that the offered position qualifies as a specialty occupation, and 
that the beneficiary is qualified to perform the duties of a specialty occupation. 
The first 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. 8 1 101 (a)(l S)(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. 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 5 214.2(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. 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; 
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(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 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. 
§ 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 supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a purchasing manager. Evidence of the beneficiary's 
duties includes the Form 1-129 petition with attachment and the petitioner's response to the director's request 
for evidence. According to this evidence the beneficiary would: 
Locate high quality merchandise at the lowest possible cost; 
Determine the condition of the products and their components, negotiate the lowest possible price, 
and award contracts; 
Study sales records and inventory levels of current stock, identify foreign and domestic suppliers, and 
keep abreast of changes affecting both the supply of and demand for products; 
Evaluate suppliers based on price, quality, service support, availability, reliability and selection; 
Analyze and evaluate each supplier in order to assess a supplier's production and distribution 
capabilities and discuss other technical and business considerations that influence the purchasing 
decision; 
Track market conditions and price trends; 
Select products for purchase by testing, observing and examining items; 
Manage activities to ensure that cost analysis of industrial and commercial applications and 
operational procedures are performed cost effectively, conforming to functional specifications and 
customer requirements; 
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Pre-qualify and pursue future contracts; 
Act as the principal liaison and coordination point with management to analyze, develop, manage and 
maintain contracts for a wide range of products that the company will be offering to customers; 
Conduct research to determine a suppliers reputation in the industry; and 
Develop a system to control inventory and expenses. 
The petitioner requires a minimum of a bachelor's degree in business administration with a specialization in 
purchasing for entry into the offered 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 a degree 
requirement is common to the industry in parallel positions among similar organizations, as asserted by the 
petitioner. 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 1151, 1165 (D. Minn. 1999) (quoting 
Hird/Blaker Corp. v. Suva, 712 F. Supp. 1095, 1102 (S.D.N.Y. 1989)). 
The AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of the proffered position are essentially those noted for buyers or 
purchasing managers. Purchasing managers, buyers and purchasing agents seek to obtain the highest quality 
merchandise at the lowest possible purchase cost for their employers. In general, purchasers buy goods and 
services for their company or organization, whereas buyers typically buy items for resale. Purchasers and 
buyers determine which commodities or services are best, choose the suppliers of the product or service, 
negotiate the lowest price, and award contracts that ensure that the correct amount of the product or service is 
received at the appropriate time. In order to accomplish these tasks successfully, purchasing managers, 
buyers, and purchasing agents study sales records and inventory levels of current stock, identify foreign and 
domestic suppliers, and keep abreast of changes affecting both the supply of and demand for needed products 
and materials. 
The Handbook notes that qualified individuals for purchasing managers, buyers and purchasing agents 
positions may begin as trainees, purchasing clerks, expediters, junior buyers, or assistant buyers. Retail and 
wholesale firms prefer to hire applicants with a college degree and familiarity with the products they sell, as 
well as wholesale and retail practices. It is also noted, however, that some retail firms promote qualified 
employees to assistant buyer positions, while others recruit and train college graduates. Most employers use a 
combination of methods for filling these positions. Educational requirements tend to vary with the size of the 
organization. Large stores and distributors prefer applicants who have completed a bachelor's degree 
program with a business emphasis, and many manufacturing firms put a greater emphasis on formal training, 
preferring applicants with a bachelor's or master's degree in engineering, business, economics, or one of the 
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applied sciences. The fact remains, however, that while some employers prefer applicants with a bachelor's 
degree, a degree requirement in a specific specialty is not the minimum requirement for entry into the offered 
position. Many employers still fill buyer positions by promoting experienced employees who qualify for the 
position through work experience and training rather than a bachelor's level education in a specific specialty. 
The petitioner has failed to satisfy the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l). 
The petitioner contends that a degree in a specific specialty is common for the position in the industry in - parallel positions among similar organizations. In support of that assertion, the petitioner submitted copies of 
13 job advertisements for purchasing positions. Five of the advertisements required degrees in accounting, 
manufacturing engineering, business, economics, or purchasing for entry into the advertised positions, and 
some indicated a preference for a master's degree. One advertisement required only an associate degree 
(bachelor's degree preferred) in liberal arts or management. The remaining advertisements required a 
bachelor's degree, but did not state that the degree need be in any specific discipline. The advertisements 
submitted do not establish that a degree in a specific specialty is common for the position in the industry. 
Degrees in any number of educational disciplines qualify candidates to work as buyerslpurchasing managers. 
The petitioner also submitted an opinion letter from (a business professor at Seattle 
University), and makes reference to the Florida Employment Forecast. states that the offered 
position qualifies as a specialty occupation and normally requires a bachelor's degree due 
of the position's duties, usually in business or economics. In support of his conclusion, 
referenced two marketing texts on careers in marketing. He did not, however, state what 
in reference to the degree requirement for the position in the industry, nor did he reference any labor market 
study or survey in support of his opinion. opinion is contrary to the findings in the 
Handbook for the educational requirements of the position in that the Handbook does not state that a degree in 
a specific field of study is required to work as a purchasing manager. CIS may, in its discretion, use as 
advisory opinion statements submitted as expert testimony. However, where an opinion is not in accord with 
other information or is in any way questionable, CIS is not required to accept, or may give less weight, to that 
evidence. Matter of Caron International, 19 I&N Dec. 791 (Comm. 1988). opinion will be 
given little weight. The Florida Employment Forecast assigns an education and training code of 4 to - 
purchasing manager positions. This code simply indicates that purchasing manager positions generally 
require work experience in an occupation requiring a bachelor's or higher degree. It does not indicate that the 
degree need be in any specific discipline. The petitioner has failed to establish the first prong of the 
referenced criterion at 8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(2). 
The petitioner does not contend that it normally requires a degree for the proffered position and offers no 
evidence in this regard as the position is new with the company. The petitioner has failed to establish the 
criterion at 8 C.F.R. 214.2(h)(4)(iii)(A)(3). 
Finally, the petitioner has not established that the duties of the proffered position are so specialized and 
complex that knowledge required to perform them is usually associated with the attainment of a baccalaureate 
or higher degree in a specific specialty, or that they are so complex or unique that they can only be performed 
by an individual with a degree in a specific specialty. The duties to be performed by the beneficiary are 
routine in the industry for the offered position. The petitioner has failed to establish the referenced criteria at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) or (4). 
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The final issue to be considered is whether the petitioner is qualified to perform the duties of the proffered 
position. It has been determined that the offered position does not qualify as a specialty occupation, thus, 
there would be no regulatory requirement that the petitioner possess any specific level of education in order to 
qualify to perform the duties of that position. Suffice it to say that the petitioner deems the beneficiary 
qualified to perform the duties of the position based upon his past education, training, and experience. That 
determination is one over which the petitioner has sole authority and discretion as the position does not 
qualify for H-IB status and is not subject to regulation by CIS. 
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. 5 1361. 
The petitioner has failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.