dismissed H-1B Case: Quality Control

identifying data deleted to 
prrvent ckarly unwarranted 
&'on of mnai privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 260 50574 Office: NEBRASKA SERVICE CENTER Date: UN 1 5 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationalify Act, 8 U.S.C. § 1 10 l(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, Chief 
Administrative Appeals Office 
LIN 04 260 50574 
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DISCUSSION: The service center director denied the nonirnmigrant 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 provider of limited edition collectibles and seeks to employ the beneficiary as a quality 
assessment coordinator. It endeavors to classify her as a nonirnmigrant worker in a specialty occupation pursuant 
to section 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation, and 
because the beneficiary is not qualified to perform the duties of the proffered position. 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 the offered position. 
The first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section lOl(a)(15)(H)(i)(b) of the Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b), provides, in part, for the 
classification of qualified nonirnmigrant 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. fj 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; 
LIN 04 260 50574 
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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. 
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 quality assessment coordinator. 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 this beneficiary would: 
Perform quality control checks on initial shipments of each stock-keeping unit (SKU) for 
accuracy and completeness; 
Scrutinize items and subjectively compare items against standards; 
Develop methodologies to rate vendors for conformity to standard specification limits; 
Develop and implement product control standards; 
Review final agreements and exercise quality control "sign-off '; 
Identify candidates for concession or "rework"; 
Analyze final price proposals to ensure hours spent on reworks are reasonable; 
Coordinate various reworks, both internally and externally, to ensure timely completion and 
compliance with quality control standards; 
Liaise between management, contract administration, and contractors regarding the work 
process; 
Gather, analyze, organize and interpret product quality information; 
Provide research, interpretations, and resolve problems as necessary; 
LIN 04 260 50574 
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Compile and summarize report data for inspection and quality reports; 
Monitor and evaluate work performed by suppliers against goals and the Supplier Quality 
Improvement Plan; 
Design mail-order packages; and 
Implement product department problem-solving. 
The petitioner states in its letter of September 13, 2004 that it requires a bachelor's degree in business 
administration or communications for entry into the offered position. The petitioner's July 29, 2004 job 
description for the offered position, however, states that the petitioner requires a bachelor's degree in business 
or three years of applicable work experience in international trade with giftware companies or a quality 
control environment. (Emphasis added). 
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. Factors often considered 
by CIS when determining this criterion 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 11 5 1, 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 quality-control 
inspectors with managerial responsibilities. The position of a quality control inspector is discussed under the 
Handbook classification of inspectors, testers, sorters, samplers, and weighers. The Handbook states that the 
training requirements for the position vary based on job requirements. A high school diploma is sufficient for 
workers who perform simple "pass/fail" tests of products. Complex precision inspecting positions are filled 
by experienced assemblers, machine operators, or mechanics who already have a thorough knowledge of the 
products and production processes. To advance to these positions, experienced workers may need training in 
statistical process control, new automation, or the company's quality assurance policies. In general, quality 
control inspectors need mechanical aptitude, math and communication skills, and good hand-eye coordination 
and vision. They may advance to inspector of more complex products, supervisor, or related positions such as 
purchaser of materials and equipment. The duties to be performed by the beneficiary fall within these duties 
with additional manageriaVadministrative responsibilities. The Handbook does not require, however, a 
baccalaureate level education in a specific specialty to perform the managerial duties associated with this 
position. General managerial duties are routinely performed by individuals having less than a baccalaureate 
level education, and by individuals having degrees in a wide variety of unrelated disciplines. The petitioner 
itself states that a degree in business administration or the unrelated field of communications will qualify the 
beneficiary for the position, or three years of applicable work experience in international trade with giftware 
companies or in a quality control environment. Three years of experience is not equivalent to a bachelor's 
degree in any field. The petitioner has failed to establish the first criterion of 8 C.F.R. 9 214.2(h)(4)(iii)(A). 
LIN 04 260 50574 ' . 
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The petitioner asserts that a degree requirement is common to the industry in parallel positions among similar 
states that the duties of the position are specialized and complex requiring professional theoretical level 
knowledge in business areas covered in the course work of a U.S. bachelor's degree in business 
administration or equivalent degree, and that in firms of similar size to the petitioner, it is an industry standard - - 
to recruit college graduates with bachelor's degrees in business administration for -the position. 
does not provide the basis for his opinion except to state that he is qualified to render the opinion based on his 
education and experience. He does not reference any authoritative source of information in support thereof 
such as a labor or industry study or survey. Simply going on the 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 190 (Reg. 
Comm. 1972)). The AAO will opinion little weight since he provides no basis for his 
opinion. 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 ma 've less weight, to that evidence. Matter of Caron International, 19 I&N Dec. 
791 (Comm. 1988). hopinion does not establish that a degree in a specific specialty is common to 
the industry in parallel positions among similar organizations for the offered position. 
The four job advertisements submitted also fail to establish that a degree in a specific specialty is common to 
the industry for parallel positions in similar organizations. None of the advertisements listed appear to be 
from organizations similar to that of the petitioner, and the advertisements either don't require a degree in a 
specific specialty, state that a degree is preferred rather than required, or state that a degree in a scientific field 
is required or preferred. The advertisements submitted do not establish that a degree in a specific specialty is 
common to the industry for entry into the offered position. 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 the offered position. In 
support of this assertion the petitioner states that the position is relatively new and that the beneficiary is the 
only quality assessment coordinator employed by the petitioner. It notes, however, that the position was 
previously filled by an individual who possessed a master's degree in business administration. In support of 
that assertion the petitioner submitted a copy of the past employee's resume, but did not provide a copy of his 
diploma or other documentation from the university where the degree was obtained establishing that the 
degree was awarded to the employee. The documentation submitted does not establish the criterion at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). Further, CIS must examine the ultimate employment of the alien, and 
determine whether the position qualifies as a specialty occupation. CJ: 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 
LIN 04 260 50574 
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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 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 non-specialty occupation, so long as the employer required all such employees 
to have baccalaureate or higher degrees. See id at 388. 
Finally, the petitioner has not established that the duties of the offered position are so complex or unique that 
they can only be performed by an individual with a degree in a specific specialty, or that the duties are 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 duties described by the petitioner appear to be 
routine for quality control inspectors/managers in the petitioner's industry, and regularly performed by 
individuals with less than a baccalaureate level education. Reference is again made to the opinion letter 
submitted by- As previously opinion does not establish that the 
duties of the proffered position are so specialized, complex, or unique that their performance requires 
attainment of a degree in a specific specialty provides no basis for his opinion. The AAO notes 
that the Handbook is a compilation of nationwide data collected through surveys, questionnaires, interviews 
of employers, and other sources, and opinion is in conflict with information provided by the 
Handbook detailing the educational requirements of the position. The petitioner has failed to establish the 
referenced criteria at 8 C.F.R. 5 2 14.2(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 director also determined that the beneficiary was not qualified to perform the services of a specialty 
occupation. As the position is not a specialty occupation, the beneficiary's qualifications are immaterial to 
the outcome of this proceeding. Accordingly, the AAO will not address the beneficiary's qualifications. . 
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 not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied. 
' 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.