dismissed H-1B Case: Structural Steel Fabrication

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 03 147 50546 Office: CALIFORNIA SERVICE CENTER Date: 
IN RE: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (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. 
@@LdSi %L- 
obert P. Wiemann, Chief 
Administrative Appeals Office 
WAC 03 147 50546 
Page 2 
DISCUSSION: On April 10,2003, the petitioner filed a Form 1-129 seeking to employ the beneficiary, who 
has been previously approved for H-1B status based on a petition filed by another employer, as a structural 
steel detailer pursuant to section 101 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 3 1 10 1 (a)(l S)(H)(i)(b). The director of the California Service Center denied the petition and the 
petitioner appealed the decision to the Administrative Appeals Office (AAO). The AAO dismissed the appeal 
on April 28, 2006. Subsequently, the petitioner and the beneficiary filed a complaint in the U.S. District 
Court for the Central District of California seeking declaratory relief requiring Citizenship and Immigration 
Services (CIS) to approve the beneficiary's H-I B petition. Global Fabricators and Israel G. Cruz v. Alberto 
Gonzales and Michael Chertoffl et al., CV-06-3959 AHM (JWJx) (filed June 23, 2006). Upon review, the 
AAO reopened the proceeding to reconsider its previous decision pursuant to 8 C.F.R. 5 103.5(a)(5)(ii) and 
issued a request for evidence. The petitioner submitted its response on November 3, 2006. The AAO will 
affirm its prior decision. The petition is denied. 
The petitioner is a structural steel fabricator that seeks to employ the beneficiary as a senior structural steel 
detailer pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 lOl(a)(15)(H)(i)(b). The director denied the petition based on his determination that the record did not 
establish the proffered position as a specialty occupation. The AAO dismissed the petitioner's appeal on the 
same basis. 
The record of proceeding in the case contains: 
 (1) Form 1-129 and supporting documentation; (2) the 
director's request for evidence; (3) counsel's response to the director's request for evidence; (3) the director's 
denial letter; (4) the Form I-290B, with counsel's brief and additional evidence; (5) the AAO's dismissal of 
the appeal; (6) the AAO's reopening and request for evidence; and (7) counsel's response to the request, 
including new and previously submitted evidence. The AAO reviewed the record in its entirety prior to 
reaching its decision. 
The initial issue before the AAO is whether the instant petition has been filed to extend the petitioner's H-1B 
employment of the beneficiary. On appeal, counsel contended that CIS had previously determined the 
proffered employment to be a specialty occupation and the beneficiary qualified to perform the position's 
duties, citing an April 23,2004 CIS memorandum as prohibiting the readjudication of previously approved H- 
1B petitions in extension filings.' In response to the AAO's request for evidence, counsel indicates that the 
petitioner has not previously employed the beneficiary as a structural steel detailer, but that another 
organization employed the beneficiary in this capacity, although to perform the same duties. The instant 
petition does not, therefore, represent a request for an H-1B extension of previously approved employment. 
However, as noted by the AAO in its previous dismissal, CIS approval of an earlier petition for the proffered 
position would not require the AAO to approve the petition, as counsel has asserted. 
' Memorandum from William R. Yates, Associate Director for Operations, Citizenship and Immigration 
Services, The SignzJicance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a 
Subsequent Determination Regarding Eligibility for Extension of Petition Validity, HQOPRD 7211 1.3 (April 
23,2004). 
WAC 03 147 50546 
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CIS is not bound to approve applications or petitions where eligibility has not been demonstrated merely 
because of prior approvals that may have been erroneous. See, e.g. Matter of Church Scientology 
International, 19 I&N Dec. 593, 597 (Comm. 1988). Further, each petition filing is a separate proceeding 
with a separate record and CIS is limited to the information contained in that record in reaching its decision. 
8 C.F.R. $9 103.2(b)(16)(ii) and 103.8(d). Although counsel claims that the beneficiary's duties for his 
previous employer were identical to those that would be performed for the petitioner, no such determination 
may be made without review of the original record in its entirety. If, however, the prior petition was 
approved based on evidence that was substantially similar to the evidence contained in this record of 
proceeding, the approval of the prior petition would have been erroneous. Moreover, the AAO's authority 
over the director is comparable to the relationship between a court of appeals and a district court. Even if a 
director had approved a nonimmigrant petition on behalf of the beneficiary, the AAO would not be bound to 
follow that decision. Louisiana Philharmonic Orchestra v. INS, 2000 WL 282785 (E.D.La.), afd, 248, F.3d 
1 139 (5" Cir. 2001), cert. denied, 122 S.Ct. 5 1 (2001). 
The AAO now turns to whether the petitioner's proffered position qualifies as a "specialty occupation." As 
defined in section 214(i) of the Act, 8 U.S.C. 9 1 184(i), the term "specialty occupation" means an occupation 
that requires: 
(1) 
 the theoretical and practical application of a body of highly specialized knowledge, 
and 
(2) 
 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, a 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. 
CIS interprets the term "degree" in the above criteria to mean not just any baccalaureate or higher degree but 
one in a specific specialty that is directly related to the proffered position. 
To determine whether a particular job qualifies as a specialty occupation, CIS does not simply rely on a 
position's title. The specific duties of the proffered position, combined with the nature of the petitioning 
entity's business operations, are factors to be considered. CIS must examine the ultimate employment of the 
WAC 03 147 50546 
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alien, and determine whether the position qualifies as a specialty occupation. Cj Defensor v. Meissner, 201 
F. 3d 384 (51h Cir. 2000). The critical element is not the title of the position nor 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 Act. 
The petitioner seeks the beneficiary's services as a senior structural steel detailer. 
 Evidence of the 
beneficiary's duties includes: the Form 1-129; the petitioner's March 27,2003 letter in support of the petition; 
counsel's May 21, 2004 response to the director's request for evidence, including a June 6, 2001 position 
contract; counsel's brief on appeal; and counsel's response to the AAO's August 14, 2006 request for 
evidence. This evidence indicates that the performance of the proffered position would require the beneficiary 
to: 
Draft and complete detailed shop drawings to be fabricated in the company's facility by 
utilizing knowledge of engineering practices and interpretation of engineering design 
drawings; 
Provide for and exhibit dimensions, material to be used, and other information necessary to 
make detailed drawings clear and complete; 
Prepare complete bill of materials and assign mark numbers; and revise dimensions prepared 
by team members, material to be used, and other information necessary to make detailed 
drawings clear and complete; 
Prepare nested cut list for cutting main members to proper length; 
Prepare nested cut list for all small parts; 
Detail templates for flame or plasma cutting; 
Prepare bolt schedules showing specifications, quantities, diameters and lengths; 
Complete erection drawings for fabricated steel; 
Send material requisitions to Purchasing Manager for purchasing of all materials for jobs; 
Coordinate details with other architects and engineers to produce drawings; and 
Answer technical questions from shop personnel and on-site superintendents. 
The petitioner indicated that the performance of the above duties requires the minimum of a baccalaureate 
degree in architecture, engineering, mathematics, computer design or a related field, with at least eight years 
of structural steel detailing experience. 
WAC 03 147 50546 
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To determine whether the duties previously described by counsel are those of a specialty occupation, the 
AAO first considers the criteria at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(I) and (2): a baccalaureate or higher degree 
or its equivalent is the normal minimum requirement for entry into the particular position; and a degree 
requirement is common to the industry in parallel positions among similar organizations or a particular 
position is so complex or unique that it can be performed only by an individual with a degree. Factors 
considered by the AAO when determining these criteria include: whether the Department of Labor's (DOL) 
Occupational Outlook Handbook (Handbook), on which the AAO routinely relies for the educational 
requirements of particular occupations, reports that the industry requires a degree; 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, 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)). 
In his denial of the Form 1-129, the director found the duties of the proffered position to establish it as that of 
an architectural drafter. The AAO agrees. The duties described in counsel's response to the director's request 
for evidence reflect the duties of an architectural drafter, as discussed in the 2006-2007 edition of the 
Handbook under the occupational title of drafters and engineering technicians: 
Drafters prepare technical drawings and plans used by production and construction workers 
to build everything from manufactured products . . . to structures such as houses, office 
buildings, and oil and gas pipelines. Drafters' drawings provide visual guidelines; show the 
technical details of the products and structures; and specify dimensions, materials, and 
procedures. Drafters fill in technical details using drawings, rough sketches, specifications, 
codes, and calculations previously made by engineers, surveyors, architects, or scientists. For 
example, drafters use their knowledge of standardized building techniques to draw in the 
details of a structure. Some use their knowledge of engineering and manufacturing theory 
and standards to draw the parts of a machine to determine design elements . . . . Drafters use 
technical handbooks, tables, calculators, and computers to complete their work. 
Traditionally, drafters sat at drawing boards and used pencils, pens, compasses, protractors, 
triangles, and other drafting devices to prepare a drawing manually. Most drafters now use 
CADD systems to prepare drawings . . . . 
Architectural drafters draw architectural and structural features of buildings and other 
structures. These workers may specialize in a type of structure, such as residential or 
commercial, or in a kind of material used, such as reinforced concrete, masonry, steel, or 
timber. [Handbook, pages 14 1 - 1421. 
With regard to the preparation required for entry-level employment as an architectural drafter, the Handbook 
reports the following: 
WAC 03 147 50546 
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Employers prefer applicants who have completed postsecondary school training in drafting, 
training that is offered by technical institutes, community colleges, and some 4-year colleges 
and universities. Employers are most interested in applicants with well-developed drafting 
and mechanical drawing skills; knowledge of drafting standards, mathematics, science, and 
engineering technology; and a solid background in CADD techniques. In addition, 
communication and problem-solving skills are important. 
In that the Handbook reports that U.S. employers do not normally require applicants for entry-level drafting 
positions to hold at least a baccalaureate degree in a specific specialty, the proffered position is not 
established as a specialty occupation under the criterion at 8 C.F.R. 8 214.2(h)(4)(iii)(A)(I) - a baccalaureate 
or higher degree or its equivalent is normally the minimum requirement for entry into the particular position. 
On appeal, counsel contended that the duties outlined for the proffered position "primarily [involve] pre- 
design and design services in all phases of development, from the initial discussion through the entire 
project." As architects are "people trained in the art and science of all aspects and phases involving structural 
and building pre-design, construction and design work," counsel concluded that the beneficiary's drafting of 
detailing drawings for parts of machines or structures from rough or general design drawings established the 
proffered position as a "subcategory" of architect. In response to the AAO's request for evidence, counsel 
again asserts that the "design services of the Senior Structural Detailer are similar to the pre-design services 
of an architect" and also that the position's duties are "similar to those of a civil engineer," as both 
occupations require a knowledge of structural engineering. While the AAO notes counsel's characterization 
of the duties that would be performed by the beneficiary, this characterization is not supported by the 
Handbook or the record. 
The description of the occupation of architects provided by the 2006-2007 edition of the Handbook does not 
indicate that any of the duties to be performed by the beneficiary may be described as pre-design architectural 
services. As discussed by the Handbook, "architects provide various pre-design services - conducting 
feasibility and environmental impact studies, selecting a site, or specifying the requirements the design must 
meet. For example, they may determine space requirements by researching the numbers and types of 
potential users of a building." [Handbook, page 1251. None of the duties of the proffered position indicate 
that the beneficiary would have responsibility for any similar activities, including the specification of design 
requirements. Neither does the record contain evidence - statements from professionalttrade organizations or 
opinions from experts in the fields of architecture or engineering, or construction - that would support 
counsel's claims regarding the nature of the position's duties. Accordingly, counsel's identification of the 
proffered position as a subcategory of the occupation of architect is not persuasive. Without supporting 
documentation, the assertions of counsel are not sufficient to meet the petitioner's burden of proof in this 
proceeding. The assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 
534 (BIA 1988); Matter of Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 
503,506 (BIA 1980). 
Moreover, the AAO finds that counsel's characterization of the proffered position as a subcategory of 
architect is not supported by the certified Labor Condition Application (LCA) filed by the petitioner in 
support of the Form 1-129. As discussed in the AAO's request for evidence, the petitioner's LCA does not 
WAC 03 147 50546 
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identify the proffered position under the occupational code of "001," the code for architectural occupations.2 
Instead, the petitioner used the occupational code of "017," the code for drafters, to describe the proffered 
position. 
Counsel explains that the petitioner relied on the occupational code for drafters because it was the code that 
most closely matched the occupation, but that the requirements of the proffered position "exceed those of a 
drafter because they require knowledge of structural engineering." Structural engineering, counsel contends, 
is "one of the subdivisions of architecture." Counsel's explanation is not persuasive. The instructions that 
accompany the LCA indicate that, when completing Section D, "Period of Employment and Occupation 
Information," the employer should enter the occupational code that most clearly describes the occupation "to 
be performed." Based on counsel's characterization of the proffered position, the LCA should, therefore, list 
the occupational code for architectural occupations, the employment field that counsel claims is reflected in 
the duties of the proffered position. In that the LCA lists the occupational code for drafters as describing the 
duties of the proffered position, it undermines counsel's assertions that the duties of the proffered position 
describe a subcategory of the work performed by  architect^.^ 
To establish the proffered position as a specialty occupation under the second criterion at 8 C.F.R. 
9 214.2(h)(4)(A), a petitioner must prove that a specific degree requirement is common to its industry in 
parallel positions among similar organizations or that the proffered position is so complex or unique that it 
can be performed only by an individual with a degree. In the instant case, counsel contends that the 
Handbook supports an industry-wide degree requirement for the proffered position, based on his 
characterization of the position as that of an architect. The record also includes four Internet advertisements 
that indicate a degree requirement for the jobs advertised, jobs that counsel contends are similar to the 
proffered position. However, neither the Handbook's establishment of a degree requirement for architects nor 
the employment listings demonstrate that the proffered position qualifies as a specialty occupation under the 
requirements of the criterion's first prong. 
For reasons previously discussed, the record establishes the proffered position as that of an architectural 
drafter not an architect. Accordingly, the Handbook's discussion of the degree requirement for architects are 
not relevant and do not establish an industry-wide degree requirement for the position. While each of the four 
Internet listings does indicate a degree requirement, none satisfy the requirements of the first prong. Only one 
is published by a steel fabricator, a business similar to the petitioner's. The other announcements come from a 
manufacturer of coffee brewers and two organizations with unidentified operations. These same three 
advertisements do not describe duties that parallel those of the proffered position. The fourth listing, that 
published by the steel fabrication business, provides no description of the duties to be performed by the 
incumbent and does not require a degree in a specific specialty, as required for classification as a specialty 
2 
 See Appendix 1 to form ETA 9035CP, Labor Condition Application, Three-Digit Occupational Groups. 
The petitioner set the wage to be paid to the beneficiary as that of a drafter, not as an architect. The 
prevailing wage for the occupation listed by the petitioner on the LCA is $17.20/hour for Bakersfield, 
California. The wage source utilized by the petitioner is 2003 USDOL. The May 2003 Metropolitan Area 
Occupational Employment & Wage Estimates for the Bakersfield, California MSA lists $24.78 as the median 
hourly income for architects and $18.37 as the median hourly income for architectural and civil drafters. See 
http:www. bls.gov/oes/2003/May/oes~O680. htm#bl7-000, accessed November 30,2006. 
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occupation. Accordingly, the advertisements do not prove that the petitioner's degree requirement is common 
to its industry in parallel positions among similar organizations. 
The AAO also notes that the petitioner's HRfsafety manager's statement submitted in response to the 
director's request for evidence does not support counsel's claims regarding an industry-wide degree 
requirement. This statement asserts that the proffered position is "a common position with many similar size 
companies," but also that "some prefer four year college degrees, however not all." 
To determine whether the position may be established as a specialty occupation under the second prong at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) - the position is so complex or unique that it can be performed only by an 
individual with a degree - the AAO has reviewed the record for evidence that the proffered employment may 
be distinguished from similar, but nondegreed employment on the basis of its complexity or unique nature. 
Counsel asserts that the proffered position is similar to that of an architect or civil engineer, as each, like the 
proffered position, requires knowledge of structural engineering. He also contends that the complexity of the 
position is evidenced by the knowledge of architecture that is essential to performing the beneficiary's duties. 
However, counsel's statements do not satisfy the requirements of the second prong. The record offers no 
evidence - statements from professionalltrade associations or experts in the field - that addresses the 
position's complexity or its unique nature. Without supporting documentary evidence, the assertions of 
counsel are not sufficient to meet the petitioner's burden of proof in these proceedings. The assertions of 
counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 (BIA 1988); Matter of 
Laureano, 19 I&N Dec. 1 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). 
Accordingly, the petitioner has not established the proffered position as a specialty occupation under either 
prong of the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
The AAO next considers the criteria at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(3) and (4): the employer normally 
requires a degree or its equivalent for the position; and the nature of the specific duties is so specialized and 
complex that the knowledge required to perform them is usually associated with the attainment of a 
baccalaureate or higher degree. 
To determine whether a proffered position may be established as a specialty occupation under the third 
criterion - the employer normally requires a degree or its equivalent for the position - the AAO usually 
reviews the petitioner's past employment practices, as well as the histories, including names and dates of 
employment, of those employees with degrees who previously held the position, and copies of those 
employees' diplomas. The petitioner claims to have a practice of requiring its senior structural steel detailers 
to hold four-year degrees. As proof of the petitioner's hiring practices, the record contains: a statement from 
the petitioner's HRISafety Manager indicating that all members of its engineering staff possess four-year 
college degrees; materials related to the civil engineering degrees 
 petitioner's structural 
steel detailers, including the college transcripts and diploma for a 
 issued by the National 
University in The Philippines and a resume for Francisco Jose 
 engineering from the 
Far Eastern University in The Philippines; the petitioner's Quarterly Wage and Withholding Report for the 
quarter ending September 30, 2006 identifying 53 employees; and a list of the petitioner's degreed personnel. 
The listing of the petitioner's personnel holding baccalaureate degrees includes a senior structural steel 
detailer, the vice president of engineering and marketing, the chief sales estimator, two estimators, the 
engineering department manager, the HRJsafety manager, the presidentlgeneral manager and the information 
WAC 03 147 50546 
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technology manager. While AAO notes the evidence submitted by the petitioner, it does not find this 
evidence to establish that the petitioner normally requires a degree in a specific specialty when hiring senior 
structural steel detailers. 
In its letter of support, the petitioner indicated its desire to have the beneficiary join its "team of structural 
steel detailers." However, the petitioner has submitted evidence of the foreign civil engineering degree held 
by only one senior structural steel detailer and that degree has not been documented as the 
equivalent of a U.S. baccalaureate degree.4   he resume of who, based on the petitioner's 
quarterly wage report ending September 30, 2006, is no longer employed by the petitioner, is not supported 
by corroborative documentation and thus is not proof of the foreign degree in civil engineerin that he claims. 
In that the petitioner has indicated that it employs multiple structural steel detailers, h civil 
engineering degree, even if established as equivalent to a U.S. baccalaureate degree, would not be sufficient 
to satis5 this criterion. 
 The record reflects that the petitioner has been in business since 1982. 
 One 
employee's educational credentials do not demonstrate a normal practice of recruiting and employing only 
persons with degrees in specific specialties. 
In support of its claim that all members of its engineering staff hold four-year degrees, the petitioner has 
provided a listing of degreed employees and a quarterly wage report to establish their employment. However, 
the petitioner's response lists all degreed personnel in its employ, rather than the members of its engineering 
staff and the degrees held by each. The petitioner has not, as requested by the AAO, provided evidence 
regarding the number, identities and duties of all the individuals employed in its engineering department. 
Neither does the petitioner's list of degreed employees indicate that it includes all persons employed in the 
petitioner's engineering department. Accordingly, the record does not demonstrate that all members of its 
engineering department hold degrees at the baccalaureate level. The AAO also notes that the petitioner's 
listing of degreed employees does not include the architects that counsel indicates are employed within the 
petitioner's engineering department. 
On appeal, counsel also contended that "[tlhe fact that [the petitioner] requires as a prerequisite a bachelor's 
degree demonstrates that the proffered position is a specialty occupation." However, while the petitioner has 
clearly stated its desires regarding the proffered position, a petitioner's degree requirements do not determine 
whether a position qualifies as a specialty occupation under Section 214(i)(l) of the Act, 8 U.S.C. 
9 1184(i)(l). Were CIS limited solely to reviewing a petitioner's self-imposed requirements, then any 
individual with a bachelor's degree could be brought to the United States to perform any occupation as long 
as the employer required the individual to have a baccalaureate or higher degree. For all the reasons 
previously discussed, the petitioner has not established that the proffered position qualifies as a specialty 
occupation based on its normal hiring practices, as required by the criterion at 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A)(3). 
The fourth criterion requires a petitioner to prove that the nature of the proffered position's duties is so 
specialized and complex that the knowledge required to perform them is usually associated with the 
In its August 15, 2006 request for evidence, the AAO specifically asked that documentation of employees' 
degrees should include evidence establishing them as equivalent to at least a U.S. baccalaureate degree in a 
field directly related to their employment. 
WAC 03 147 50546 
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attainment of a baccalaureate or higher degree. In response to the AA07s request for evidence, counsel 
contends that '[tlhe duties of a senior structural design detailer are highly technical and complex such that the 
skills and knowledge necessary to perform the duties of this position could only be obtained in [a] Bachelor of 
Science program in architecture, engineering, mathematics, or a related discipline." Counsel also points to the 
beneficiary's responsibility for designing a functional product as proof that it requires a knowledge of 
structural engineering comparable to that of an architect or civil engineer. He submits a letter from the 
petitioner, which states that the proffered position requires a knowledge of engineering or architecture, a high 
degree of mathematical ability, with an understanding of science and engineering technology and CADD. 
However, neither the petitioner's nor counsel's assertions are proof that the duties of the proffered position 
meet the specialized and complex threshold set by the fourth criterion and the record offers no evidence that 
this is the case, i.e., evaluations of the proffered position's duties by professional/trade associations or experts 
in a related field. Going on record without supporting documentary evidence will not satis6 the burden of 
proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure 
Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Moreover, the AAO finds the petitioner's 
description of the position's requirements to closely align with the Handbook's discussion of the training and 
knowledge required for employment as a drafter, training and knowledge that may be obtained without a 
baccalaureate degree. Therefore, the record does not establish the proffered position as a specialty occupation 
under the criterion at 8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(4). 
For reasons previously discussed, the record does not establish the proffered position as a specialty occupation 
under any of the criteria at 8 C.F.R. 9 214.2(h)(4)(iii)(A). Accordingly, the AAO will affirm its previous 
decision. The petition will be denied. 
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. 
ORDER: 
 The decision of the AAO is affirmed. The petition is denied.