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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 
Services 
FILE: WAC 04 13 1 54197 Office: CALIFORNIA SERVICE CENTER Date: ApR f 2 2~t; 
IN RE: Petitioner: 
Beneficiary 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 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, Director 
Administrative Appeals Office 
WAC 04 131 54197 
Page 2 
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 a real estate and property management company that seeks to employ the beneficiary as a market 
research analyst. The petitioner endeavors to classify the beneficiary as a nonimrnigrant 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. 
§ 1 lOl(a)(l5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, counsel 
submits a brief stating that the proffered position is a specialty occupation. 
The issue to be discussed in this proceeding is whether the offered position qualifies as a specialty occupation. 
Section 10l(a)(l5)(H)(i)(b) of the Act, 8 U.S.C. 1 lOl(a)(lS)(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. tj 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. 
 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. $ 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; 
WAC 04 131 54197 
Page 3 
(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. 
tj 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 market research analyst. 
 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: 
Research industry market conditions with concentration on the different kinds of techniques and 
designs other companies are offering; 
Establish the petitioner's performance in relation to industry standards in the Internet world; 
Conduct necessary research and studies and be responsible for the design and format of tools to be 
used for data gathering, such as surveys, opinions polls, or questionnaires; 
Examine and analyze the data gathered to forecast future market trends in the Internet and Website 
Design industry; 
Gather data about similar companies and their corresponding marketing strateges to establish a 
comparative analysis study that would provide the petitioner with a competitive advantage when 
formulating its own marketing techniques and strategies; 
Perform database analysis and reporting duties which will entail the use of internal and third party 
databases, identifying needed information and presenting reports; 
Use externally produced market databases and directories to prepare market analysis reports and 
identify needed information to support and strengthen proposals, create initiatives and client service 
opportunities; 
Conduct prospect profiling to identify new areas of the general market that may be sought by the 
petitioner; 
WAC 04 13 1 541 97 
Page 4 
Locate and create reports of internal information on new technologies and design; 
Collect, analyze, and summarize information in a format that would be helpful to management's 
decision making process regarding marketing strategies; 
Collect and summarize information gathered from the Internet, telephone queries, surveys, and 
literature to support program development and marketing strategies; 
Obtain third party studies for market reference; 
Create presentations and spreadsheets for executive audiences; 
Maintain a market intelligence topics library system to keep track of useable studies and research; and 
Develop efficient marketing plans and promotional strategies. 
The petitioner requires a minimum of a bachelor's degree in business administration, business management or 
market research analysis for entry into the proffered 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 1 15 1, 1 165 (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, though vaguely described, appear to fall within 
those noted for advertising, marketing, promotions, public relations, and sales managers, not market research 
analysts as the position is titled by the petitioner. The petitioner did, in fact, provide a copy of the Handbook 
section related to these managers in support of its petition. The Handbook notes that a wide range of 
educational backgrounds is suitable for entry into these positions, but that many employers prefer related 
experience plus a broad liberal arts background. Bachelor's degrees in sociology, psychology, literature, 
journalism, philosophy, or other subjects are suitable. Requirements will vary, however, depending on the 
duties of a particular position. For example, some employers prefer a bachelor's or master's degree in 
business administration with an emphasis in marketing, for marketing, sales, and promotion management 
positions. In highly technical industries such as computer and electronics manufacturing a degree in 
engineering or science combined with a business degree may be preferred. In public relations management 
positions some employers prefer a bachelor's or master's degree in public relations or journalism. The 
Handbook further notes that most advertising, marketing, promotions, public relations, and sales management 
positions are filled by promoting experienced staff or related professional or technical personnel. Many 
WAC 04 131 54197 
Page 5 
managers are former sales representatives, purchasing agents, or promotions specialists. A baccalaureate or 
higher degree in a specific specialty or its equivalent is not, therefore, the minimum requirement for entry into 
the position. A degree in a wide range of disciplines will suffice. The petitioner has, accordingly, failed to 
establish the first criterion of 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
The petitioner has also failed to establish that a degree requirement, in a specific specialty, is common to the 
industry in parallel positions among similar organizations. In support of this assertion the petitioner 
submitted copies of 2 job advertisements. Those advertisements do not establish the referenced regulatory 
criterion, however. Neither advertisement is from an organization similar to that of the petitioner. Further, 
while both advertisements indicate that a four-year degree is required for the marketing positions, neither 
advertisement requires a degree in any specific specialty. The advertisements, therefore, do not establish the 
referenced criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(2). 
The petitioner states that it normally requires a degree for entry into the offered position, but provides no 
evidence in support of that assertion. 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 Sofici, 22 I&N 
Dec. 158, 165 (Cornm. 1998) (citing Matter of Treasure Craft of California, 14 I&N 190 (Reg. Comm. 
1972)). Further, CIS must examine the ultimate employment of the alien, and determine whether the position 
qualifies as a specialty occupation. Cf: 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 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 a 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. The regulatory criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(3) 
has not been established. 
Finally, the duties to be performed by the beneficiary are not 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. Nor are the duties so complex or unique that they can be performed only by an individual 
with a degree in a specific specialty. The duties as defined, appear to be routine for the position in the 
industry. The petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. 
$8 214.2(h)(4)(iii)(A)(2) or (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. 
I 
 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. 
WAC 04 131 54197 
Page 6 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 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.