dismissed H-1B Case: Real Estate

U.S. Department of Hornelitnd Security 
20 Massachusetts Ave. NW, Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 03 259 50279 Office: NEBRASKA SERVICE CENTER Date: , , 19 /@h 
IN RE: 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 10l(a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All materials have been retu-med 
to the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
LIN 03 259 50279 
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DISCUSSION: The service center director denied the nonimmigrant visa petition. The matter is now on 
appeal before the Administrative Appeals Office (AAO). The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a real estate and management agency. It seeks to employ the beneficiary as a real estate 
manager and to classify her as a nonimmigrant worker in a specialty occupation pursuant to s1:ction 
lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(l5)(H)(i)(b). 
The director denied the petition on the grounds that the record failed to establish that the pro:ffered 
position qualifies as a specialty occupation and that the beneficiary is qualified to perform services in a 
specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. $ 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. 
As provided in 8 C.F.R. 8 214.2(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.P.R. 
5 214.2(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 evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's 
decision; and (5) Form I-290B, counsel's appeal brief, and supporting materials. The AAO reviewed the 
record in its entirety before issuing its decision. 
LIN 03 259 50279 
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The petitioner describes itself as a real estate company, established in 1997, with three employees and 
gross annual income of approximately $123,000. The petitioner proposes to hire the beneficiary for the 
position of real estate manager. The duties of the job were listed in a letter accompanying the petition as 
follows: 
W Handle the financial operations of the property, ensuring that mortgages, taxes, insurance 
premiums, payroll, and maintenance bills are paid on time. 
W Supervise the preparation of financial statements and periodically report to the owners on the 
status of the property. 
W Negotiate contracts for janitorial, security, groundskeeping, trash removal, and other services. 
Monitor the performance of contractors and investigate and resolve complaints from residents 
and tenants. 
The minimum requirement for the position, the petitioner states, is a bachelor's degree in business 
administration. The record includes a copy of the beneficiary's diploma in June 2000 from Mining 
College, Technical University Ostrava, in the Czech Republic, indicating that she earned a degree in 
public economy and administration based on her completion of a master's program in economic policy 
and administration. According to a credentials evaluation service in New York City the beneficiary's 
education in the Czech Republic is equivalent to a combined bachelor's and master's degree in business 
management and administration from an accredited college or university in the United States. 
In response to the RFE the petitioner provided a broader list of the proffered position's duties: 
Supervise staff engaged in preparing lease agreements. 
Perform routine research on zoning ordinances and condemnation consideration. 
Inspect properties and land under consideration for acquisition. 
Recommend acquisition, disposition, improvement, or other action consistent with best 
interest of company. 
Evaluate and promote industrial-development potential of the properties. 
Negotiate contracts with sellers and renters of properties. 
Handle the financial operations of the property, ensuring that mortgages, taxes, insurance 
premiums, payroll, and maintenance bills are paid on time. 
Supervise the preparation of financial statements and periodically report to the owners on the 
status of the property. 
Negotiate contracts for janitorial, security, groundskeeping, trash removal, and other services. 
Monitor the performance of contractors and investigate and resolve complaints from residents 
and tenants. 
Manage apartment house complex and explain occupancy terms. 
In accordance with the petitioner's description of the proffered position, the director determined that the 
position fits within the occupational category of property, real estate, and community associalion 
managers, as described in the Department of Labor (D0L)'s Occupational Outlook Handbook 
(Handbook). Quoting an excerpt from the Handbook about the training and other qualifications for 
property management positions, which indicated that a variety of educational degrees are suitable for 
entry into the occupation, the director found that a baccalaureate degree in a specific field of study is not 
LIN 03 259 50279 
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required for entry into such positions. The director found that the petitioner failed to establish that such a 
degree requirement is common to the industry in analogous positions, that it had required a baccalaureate 
or higher degree in a specialized area for the proffered position in the past, or that the duties of the 
position are so specialized and complex that the knowledge required to perform them is usually associated 
with a baccalaureate or higher degree. The director concluded that the proffered position does not qualify 
as a specialty occupation under any of the criteria enumerated at 8 C.F.R. $ 214.2(h)(4)(iii)(A). The 
director also found that the evidence of record failed to establish that the beneficiary is qualified to 
perform services in a specialty occupation, noting that the petitioner did not submit transcripts from the 
beneficiary's university in the Czech Republic and did not explain how her coursework correlates to the 
requirements of the proffered position. 
On appeal counsel asserts that the director erred in determining that the real estate manager position\ does 
not qualify as a specialty occupation. According to counsel, the proffered position meets all four criteria 
of a specialty occupation enumerated at 8 C.F.R. § 214.2(h)(4)(iii)(A). The beneficiary would be engaged 
in "sophisticated job duties relating to the conception, creation and planning phases of the process of 
serving the needs of our commercial and residential clients," counsel declares, for which a B.A. degree in 
business administration with coursework in such fields as economics, management, accounting, 
marketing, and other business-related areas is required. Counsel submits a copy of the beneficiary's 
transcript, as well as a series of internet job announcements for real estate manager positions which, 
according to counsel, demonstrates that a baccalaureate or higher degree in business administration and 
the specific knowledge acquired thereby is required for the proffered position, thereby establishing it as a 
specialty occupation as defined in section 214(i)(l) of the Act, 8 U.S.C. $ 1184(i)(l). 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, 
CIS routinely consults the DOL Handbook as an authoritative source of information about the duties and 
educational requirements of particular occupations. Factors typically considered are whether. the 
Handbook indicates a degree is required by the industry; whether the industry's 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, Znc. v. Reno, 36 F.Supp. 2d 1151, 1165 (D.Minn. 1999) (quoting HiraBlaker Corp. v. Suva, 
712 F.Supp. 1095, 1102 (S.D.N.Y. 1989)). CIS also analyzes the specific duties and complexity of the 
position at issue, with the Handbook's occupational descriptions as a reference, as well as the petitioner's 
past hiring practices for the position. See Shanti, lnc. v. Reno, id., at 1165-66. 
In accord with the director's decision, the AAO determines that the proffered position is that of a property 
or real estate manager, as described in the DOL Handbook, 2004-05 edition, at 58: 
. . . . Property and real estate managers oversee the performance of income-producing 
commercial or residential properties, and ensure that real estate investments achieve their 
expected revenues . . . . 
Generally, property and real estate managers handle the financial operations of the 
property, ensuring that rent is collected and that mortgages, taxes, insurance premiums, 
payroll, and maintenance bills are paid on time . . . . 
LIN 03 259 50279 
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Often, property managers negotiate contracts for janitorial, security, groundskeeping, 
trash removal, and other services. When contracts are awarded competitively, managers 
solicit bids from several contractors and recommend to the owners which bid to accept. 
They monitor the performance of contractors and investigate and resolve complaints from 
residents and tenants when services are not properly provided. Managers also purchase 
supplies and equipment for the property and make arrangements with specialists for 
repairs that cannot be handled by regular property maintenance staff. 
As for the educational requirements of real estate managers, the Handbook states as follows: 
Most employers prefer to hire college graduates for property management positions. 
Entrants with degrees in business administration, accounting, finance, real estate, public 
administration, or related fields are preferred, but those with degrees in the liberal arts 
also may qualify . . . . 
Although many people entering jobs such as assistant property manager do so by having 
previously gained onsite management experience, employers increasingly hire 
inexperienced college graduates with bachelor's or master's degrees in business 
administration, accounting, finance, or real estate for these positions. 
Handbook, id., at 59. Though the above quoted language indicates that a degree in such specialty areas as 
accounting, finance, and real estate is increasingly favored by employers looking for real estate managers, 
it also states that a liberal arts degree may suffice in many cases. Furthermore, while it may be 
increasingly unusual, the Handbook indicates that an individual without any baccalaureate degree may 
also be considered for some positions if he or she has on-the-job management experience. Based on the 
foregoing information, the AAO determines that a baccalaureate or higher degree in a specific specialty is 
not the normal minimum requirement for entry into a real estate manager position, as required for the 
proffered position to meet the first alternative criterion to qualify as a specialty occupation at 8 C.F.R. 5 
2 14.2(h)(4)(iii)(A)(l). 
Counsel has resubmitted on appeal an advisory opinion report from a evaluation service which cites 
another DOL resource on occupations - the Dictionary of Occupational Titles (DOT) - in support of its 
assertion that real estate managers require a baccalaureate or higher degree in a business-related specialty. 
The DOT, however, is not a persuasive source of information about whether a particular job requires a 
baccalaureate or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the 
occupation. The DOT gives occupations an SVP ("specific vocational preparation") rating based on the 
total number of years of vocational preparation required for a particular position. The SVP rating does 
not specify how those years are to be divided among training, formal education, and experience, and it 
does not specify the particular type of degree, if any, that a particular position would require. Thus., the 
DOT does not establish that a baccalaureate or higher degree in a specific specialty is required for entry 
into a real estate manager position. 
With regard to the second alternative criterion of a specialty occupation, at 8 C.F.R. 5 214.2 
(h)(4)(iii)(A)(2), the record does not establish that a degree requirement in a specific specialty is common 
to the petitioner's industry in parallel positions among similar organizations. On appeal counsel has 
submitted seven internet job announcements for real estate manager positions, all of which state that a 
LIN 03 259 50279 
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bachelor's degree in business, finance, real estate, or a related field is required for the position. There is 
no indication in the announcements that any of the advertising companies is similar in size and scale of 
operations to the petitioner. Most, if not all, of the companies appear to be considerably larger than the 
petitioner, which has three employees and gross annual income of $123,000. One company indicates that 
it has 150,000 customer accounts in the United States and abroad; another company states that it operates 
2,000 convenience stores in the United States and abroad; another company is one of the nation's leading 
banks with 1,100 locations nationwide; another company is an orthopedic group located in 42 states. The 
AAO determines that the internet job announcements do not establish that a degree requirement in a 
specific specialty is common to the petitioner's industry in parallel positions among similar organizations, 
as required for the proffered position to qualify as a specialty occdpation under the first prong of 8 C.F.R. 
5 214,2(h)(4)(iii)(A)(2). Nor does the record establish that the real estate manager position is so complex 
or unique that it can only be performed by an individual with a specialty degree directly related .to the 
position. Accordingly, the proffered position also fails to qualify as a specialty occupation under the 
second prong of 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2). 
As for the third alternative criterion of a specialty occupation, the proffered position is newly created and 
the petitioner has no hiring history for it. Accordingly, the petitioner cannot demonstrate that it nonmally 
requires a bachelor's degree in a specific specialty or its equivalent for the position, as required for it to 
qualify as a specialty occupation under 8 C.F.R. § 214.2(h)(4)(iii)(A)(3). 
Lastly, the proffered position does not meet the fourth alternative criterion of a specialty occupation, at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), because the record does not establish that the duties of the position are 
so specialized and complex that the knowledge required to perform them is usually associated with a 
baccalaureate or higher degree in a specific specialty. While some real estate manager positions may 
involve levels of specialization and complexity that require a baccalaureate or higher level knowledgr: in a 
closely related specialty, the petitioner has not demonstrated that the duties of the proffered position 
require that level of knowledge. The AAO is not persuaded by the evidence of record that the duties of 
the position could not be performed by an individual without baccalaureate or higher level knowledge: in a 
specific specialty. 
For the reasons discussed above, the proffered position does not meet any of the criteria in 8 C.F.R. 
$ 214.2(h)(4)(iii)(A) to qualify as a specialty occupation. The petitioner has not established that the 
beneficiary will be coming temporarily to the United States to perform services in a specialty occupation, 
as required under section 10 l(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 5 1 lOl(a)( lS)(H)(i)(b). 
As previously discussed, the director determined that the beneficiary was not qualified to perform the 
services of a specialty occupation. Since the beneficiary's credentials are relevant only if the proffered 
position is found to be a specialty occupation, which is not the case here, the AAO need not further 
address this issue. 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. $ 1361. 
The petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision 
denying the petition. 
ORDER: The appeal is dismissed. The petition is denied.