dismissed H-1B Case: Technical Writing

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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 04 066 53 148 Office: CALIFORNIA SERVICE CENTER Date: OCT 0 3 2005 
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. $ I lOl(a)(lS)(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 04 066 53 148 
Page 2 
DISCUSSION: The director of the service center 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 federal contractor. It seeks to hire the beneficiary as a technical writer. The director 
denied the petition based on his determination that the petitioner had failed to establish that its proffered 
position was a specialty occupation. 
The record of proceeding before the AAO 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; and (4) Form I-290B, with counsel's brief and new and previously submitted docurnentation. 
The AAO reviewed the record in its entirety before reaching its decision. 
The issue before the AAO is whether the petitioner's proffered position qualifies as a specialty occupation. 
To meet its burden of proof in this regard, a petitioner must establish that the job it is offering to the 
beneficiary meets the following statutory and regulatory requirements. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 11 84(i)(l) defines the term 
"specialty occupation" as one 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: 
An 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. 8 214.2(h)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of 
the following criteria: 
(1) 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. 
WAC 04 066 53148 
Page 3 
Citizenship and Immigration Services (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 
alien, and determine whether the position qualifies as a specialty occupation. Cf: Defensor v. Meissner, 201 
F. 3d 384 (5th 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 states that it is seeking the beneficiary's services as a computer engineering bidding analyst. 
Evidence of the beneficiary's duties includes: the Form 1-129; and a December 30, 2003 letter from the 
petitioner and counsel's response to the director's request for evidence. 
At the time of filing, the petitioner stated that the beneficiary's duties entail: participating in the formulation 
of user manuals, development and recommendation to management of system(s) and/or programs; including 
but not limited to technical instruction manuals and how-to-use guides for complex deliverables; organizing 
material and complete writing assignment according to government standards regarding order, clarity and 
terminology; researching, analyzing and studying the peripherals/products to be procured by the company 
through research, reading books, journals, brochures, publications and attendance at trade fairs and seminars 
supplied by the suppliers and wholesalers; developing and maintaining a compliance training manual, which 
effectively addresses requirements of applicable laws and regulations, the petitioner's related policies and 
procedures; coordinating with the applicable departments, assisting, or conducting compliance training for all 
applicable new and existing laws and regulations; will be responsible for the input of scientific and technical 
information into easily understandable language; preparing scientific and technical reports, operating and 
maintenance manuals, catalogues, parts lists and assembly instructions; planning and editing technical reports 
and overseeing preparation of illustrations, photographs, diagrams, and charts; assembling manuals and 
instruction pamphlets which contain warnings and precautions for handling products. The petitioner indicated 
that a bachelor's degree or it equivalent is the minimum requirement to fulfill the job. 
The director requested additional evidence that the proffered position meets one of the above criteria. 
Additionally, the director requested evidence that the beneficiary is qualified to perform in the claimed 
specialty occupation. The director requested information about the company such as copies of company 
brochures or any other printed work published by the petitioner which outlines, in detail, the products or 
services provided by its company. The director requested copies of the petitioner's signed income tax returns 
that have been certified by the IRS with all required schedules. The director requested a list of petitions filed 
and requested an explanation of the petitioner having filed over 35 H-IB petitions and the petitioner having 
indicated 36 employees on the Form 1-129. The director requested copies of the Form 941, quarterly wage 
report for the last three quarters, a payroll summary, a list of all employees with names and immigration status 
and the petitioner's organizational chart. 
Counsel responded to the director's request and stated that the position of technical writer is a specialty 
occupation and referred to the Department of Labor's Occupational Outlook Handbook (Handbook), 
WAC 04 066 53 148 
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Fragomen's H-IB Handbook 2003 and Lawler's Professional S A Matter of Degree 4th Edition in support of 
his contention. Counsel referred to the position description and stated that due to the complexity of the 
proposed duties, the employer expressly stated in its job notices that a bachelor's degree or its equivalent is 
the minimum requirement to fulfill the job. Counsel explained that each company has its own preferences 
with regards to hiring individuals and has its own distinct position and that the petitioner's decision to hire a 
technical writer should not be compared to other similar organizations. The petitioner submitted various 
internet ads for technical writers. Counsel noted that this is a new position and asserted that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is essentially 
associated with the attainment of a baccalaureate degree. The petitioner submitted the beneficiary's 
transcripts. The petitioner submitted a Form 1065 U.S. Return of Partnership Income which indicated gross 
receipts or sales of $27,138,649 for tax year 2002. The Form 1065 also indicated salaries and wages of 
$2,985,230. The petitioner submitted a list of 29 approved H-1B petitions with their receipt numbers. The 
Petitioner submitted one receipt notice. The petitioner submitted forms 941 quarterly federal tax return for 
three quarters indicating approximately 70 employees. The petitioner submitted copies of a lease agreement 
and photographs of an office. The lease agreement addendum indicated that the petitioner had leased an 
office with 425 square feet. In response to the director's request for additional information about the 
petitioner such as printed materials and brochures, the petitioner submitted a statement indicating that it is 
licensed to sell goods and services to Federal Agencies of the United States government and provides an item 
code list of the goods and services. The petitioner provided a list of clients and contact information at 
different federal agencies. The petitioner also provided a list of products and services normally purchased 
by the army and defense logistics agency. 
The director denied the petition. The director noted that the petitioner submitted pages from Handbook's 
section of writers and editors. The director noted that the Handbook states: 
Communicating through the written word, writers and editors generally fall into one of three 
categories. Writers and authors develop original fiction and nonfiction for books, magazines, 
trade journals, online publications, company newsletters, radio and television broadcasts, 
motion pictures, and advertisements. . . . Technical writers develop technical materials, such 
as equipment manuals, appendices, or operating and maintenance instructions. They also may 
assist in layout work. 
The director noted that the educational requirements as listed in the Handbook for the position are: 
A college degree generally is required for a position as a writer or editor. Although some 
employers look for a broad liberal arts background, most prefer to hire people with degrees in 
communications, journalism, or English. For those who specialize in a particular area, such as 
fashion, business, or legal issues, additional background in the chosen field is expected. 
Knowledge of a second language is helpful for some positions. 
The director determined that although a baccalaureate level of training is required, it is not a normal industry- 
wide minimum requirement for entry into the occupation and therefore the proffered position is not a 
specialty occupation. 
On appeal, counsel restates the beneficiary's duties and notes that the beneficiary will research on the variable 
materials and services in the market, test and analyze such products and services to their practical properties 
WAC 04 066 53 148 
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and quality. Counsel contends that the proffered position is a specialty occupation and that the Handbook 
supports his contention. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO considers the criteria at 8 C.F.R. $5 214.2(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; 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 often 
considered by CIS when determining these criteria include: whether the Handbook 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 11 51, 1165 
(D.Minn. 1999)(quoting Hird/BEaker C0i.p. v. Sava, 8 12 F. Supp. 872, 1 102 (S.D.N.Y. 1989)). 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, from a review of the duties of the position and any supporting evidence, whether the 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. 
Upon review of the record, the petitioner has failed to establish that the proffered position qualifies as a 
specialty occupation. The AAO routinely consults the Handbook for information about the duties and 
educational requirements of particular occupations. Some of the duties of the proffered position resemble 
those of a technical writer found under the occupation of writer and editor, as noted by the director. The 
Handbook notes that increasingly, technical writing requires a degree in, or some knowledge about, a 
specialized field-engineering, business, or one of the sciences, for example. In many cases, people with 
good writing skills can learn specialized knowledge on the job. Some transfer from jobs as technicians, 
scientists, or engineers. Others begin as research assistants or as trainees in a technical information 
department, develop technical communication skills, and then assume writing duties. 
The petitioner fails to establish the first criterion because the Handbook states that although some employers 
look for a broad liberal arts background, most prefer to hire people with degrees in communications, 
journalism, or English. Even though the Handbook notes that increasingly, technical writing requires a 
degree in, or some knowledge about, a specialized field-engineering, business, or one of the sciences, the 
petitioner has not indicated in which field of study the proffered position would specialize. The Handbook 
reveals that a bachelor's degree in a specific specialty is not required for a technical writer position. 
Accordingly, the petitioner cannot establish that a baccalaureate or higher degree or its equivalent in a 
specific specialty is the normal minimum requirement for entry into the proffered position. 
To establish the second criterion - that a specific degree requirement is common to the industry in parallel 
positions among similar organizations - counsel relies on submitted internet job postings from various 
companies: xScion Solutions, LLC, Boston Scientific and GE Medical Systems. This evidence fails to 
establish that a specific baccalaureate degree is common to the industry in parallel positions among similar 
organizations. The advertised positions are not parallel to the proffered position. For example; Scion 
Solutions, LLC is an information technology professional services firm and specifies a bachelor's degree; 
WAC 04 066 53 148 
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Boston Scientific is a medical device company. Consequently, the postings fail to establish that there is a 
specific baccalaureate degree that is a common industry-wide requirement. 
No evidence is in the record that would show the proffered position is so complex or unique that it can be 
performed only by an individual with a degree. Again, the Handbook reveals that the duties of the proffered 
position are performed by technical writers, a position that does not require a bachelor's degree in a specific 
specialty. 
Nor is there evidence in the record to establish the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. Counsel admits that this is a new 
position. 
The fourth criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(A) requires that the petitioner establish that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform the duties is usually 
associated with the attainment of a baccalaureate or higher degree. Although the Handbook noted that some 
technical writers may be required to have a degree in a specific area, the petitioner has not indicated in which 
area the beneficiary would be working. The petitioner has not provided evidence of government contracts or 
the complexity of the contracts. It has not described the products that the technical writer will be writing 
about. The record does not contain evidence that the petitioner sells or manufactures products that requires a 
technical report or manual. It cannot be concluded that the nature of the specific duties is so specialized and 
complex that the knowledge required to perform the duties is usually associated with the attainment of a 
baccalaureate or higher degree. Once again, the Handbook reveals that some of the duties of the proffered 
position are performed by a technical writer, an occupation not requiring a bachelor's degree in a specific 
specialty. 
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. 
Beyond the decision of the director, the petitioner has not included evidence of the beneficiary's educational 
evaluation as required by the regulations. The beneficiary has not graduated fi-om a U.S. university. The 
petitioner submitted a copy of the beneficiary's degree from a foreign university. Pursuant to 8 C.F.R. $ 
214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien must meet one of the 
following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specialty 
occupation from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or 
higher degree required by the specialty occupation from an accredited college or 
university; 
(3) Hold an unrestricted state license, registration or certification which authorizes him 
or her to fully practice the specialty occupation and be immediately engaged in that 
specialty in the state of intended employment; or 
(4) Have education, specialized training, andtor progressively responsible experience 
that is equivalent to completion of a United States baccalaureate or higher degree in 
WAC 04 066 53 148 
Page 7 
the specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
The record does not contain evidence that the beneficiary's foreign degree has been found to be the equivalent 
of a United States baccalaureate or higher degree. Because the proffered position is not a specialty 
occupation, the beneficiary's qualifications need not be discussed further. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 3 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.