dismissed H-1B Case: Transportation And Cargo

identifying data dew to 
prevent clearly unwarranted 
invasion of personal pri- 
PUBLIC COPY 
U.S. Department of Homeland kurity 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
FILE: SRC 04 204 50709 Office: TEXAS SERVICE CENTER Date: 
JUN 1 2 2006 
IN RE: Petitioner: 
Beneficia % 
PETITION: Petition for a Noniinrnigrant Worker Pursuant to Section 101 (a)(l 5)(H)(i)(b) of the 
Inlinigration and Natiollality Act, 8 U.S.C. § 1 10 1 (a)(l S)(H)(i)(b) 
4 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned 
to the ofice that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
SRC 04 204 50709 
Page 2 
DISCUSSION: The 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 transportation and cargo firm that seeks to hire the beneficiary as a cargo and freight 
agent. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a 
specialty occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. 3 1 101(a)(15)(H)(i)(b). 
The record of proceeding before the AAO contains (1) tlie 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) tlie 
director's denial letter; and (5) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The director denied the petition on the basis of her determination that the petitioner had failed to establish that 
the proposed position qualifies for classification as a specialty occupation. 
The issue on appeal is whether the petitioner's proposed position qualifies for classification as a specialty 
occupation. Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1184(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. 3 214.2(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. $ 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 
SRC 04 204 50709 
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(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.F.R. 8 214.2(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 proposed position. 
In its June 23, 2004 letter of support, the petitioner stated that the duties of the proposed position would 
consist of arranging for and tracking incoming and outgoing cargo and freight shipments on airlines, train 
or trucking terminals, or on shipping docks; expediting the movement and preparation of shipping 
documents; taking orders from customers; arranging for the pickup of freight or cargo for delivery to 
loading platforms; keeping records of the properties of cargo; keeping a tally of missing items; recording 
the conditions of damaged items; documenting excess supplies; researching market conditions in South 
Florida; and conferring with management regarding operations and marketing strategies, and 
implementing those strategies. 
In determining whether a proposed 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. The AAO routinely consults the 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
The Handbook provides the following information regarding the duties of cargo and freight agents: 
Cargo and freight agents arrange for and track incoming and outgoing cargo and freight 
shipments in airline, train, or trucking terminals or on shipping docks. They expedite 
shipments by determining the route that shipments are to take and by preparing all 
necessary shipping documents. The agents take orders from customers and arrange for 
the pickup of freight or cargo for delivery to loading platforms. Cargo and freight agents 
may keep records of the cargo, such as its amount, type, weight, and dimensions. They 
keep a tally of missing items, record the condition of damaged items, and document any 
excess supplies. 
Cargo and freight agents arrange cargo according to its destination. They also determine 
the shipping rates and other charges that can sometimes apply to the freight. For imported 
or exported freight, they verify that the proper customs paperwork is in order. Cargo and 
freight agents often track shipments electronically, using bar codes, and answer 
customers' inquiries on the status of their shipments. 
The Handbook notes that many of these positions are entry-level, and require no more than a high school 
diploma. Thus, a cargo and freight agent is not required to have a baccalaureate degree or its equivalent 
in order to enter the field. 
Accordingly, the proposed position does not qualify as a specialty occupation under the first criterion set 
forth at 8 C.F.R. 5 214.2(hX4Xiii)(A), that a baccalaureate or higher degree or its equivalent is normally the 
minimum requirement for entry into the position. 
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Nor does the proposed position qualify as a specialty occupation under either prong of 
8 C.F.R. $ 214.2(h)(4)(iii)(A)(2). The first prong of this- regulation requires a showing that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. 
However, no evidence has been presented, nor has the petitioner contended, that the proposed position 
qualifies under this criterion. Therefore, the proposed position does not qualify as a specialty occupation 
under the first prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
The second prong of this regulation requires that the petitioner prove that the duties of the proposed position 
are so complex or unique that only an individual with a degree can perform them. Again, the Handbook 
reveals that the duties of the proposed position are analogous to those of cargo and freight agents, which do 
not require a degree. 
The proposed position does not qualify as a specialty occupation under 8 C.F.R. $ 214.2(h)(4)(iii)(A)(3), 
which requires a showing that the petitioner normally requires a degree or its equivalent for the position. To 
determine a petitioner's ability to meet this criterion, the AAO normally 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. 
However, no such evidence has been presented. Moreover, according to the evaluation of educational 
credentials contained in the record, the beneficiary possesses the equivalent of a high school diploma, 
which indicates that the petitioner does not require even the beneficiary to possess a bachelor's degree. 
Accordingly, the proposed position does not qualify as a specialty occupation ,under 
8 C.F.R. $ 2 14.2(h)(4)(iii)(A)(3). 
The fourth criterion, 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), requires the petitioner to establish that the nature of the 
proposed position's 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 in the specialty. As previously 
discussed, the Handbook indicates that employers do not normally require a baccalaureate degree for cargo 
and freight agent positions, and no evidence has been submitted to demonstrate that the duties of the 
proposed position are more specialized and complex than those of the aforementioned positions. Thus, the 
proposed position does not qualify for classification as a specialty occupation under 
8 C.F.R. $ 2 14.2(h)(4)(iii)(A)(4). 
On appeal, the petitioner asserts that it has completed "all the demanded requirements." The AAO 
disagrees. The criteria for establishing a position as a specialty occupation are clearly delineated at 
8 C.F.R. $ 214.2(h)(4)(iii)(A), and the petitioner has satisfied none of them. The petitioner also draws 
attention to the fact that the Department of Labor certified the labor condition application (LCA). However, 
certification of an LCA does not establish a position as a specialty occupation; that determination is for CIS 
to make. Moreover, the AAO notes that the prevailing wage determination issued by the State of Florida for 
the position, which the petitioner submits on appeal, states specifically that a degree is not required for this 
position. The assertions made by the petitioner on appeal regarding the beneficiary's qualifications for the 
position are irrelevant, as they do not address the basis for the director's denial, namely, that the position does 
not qualify for classification as a specialty occupation. 
The proposed position does not qualify for classification as a specialty occupation under any of the 
criteria set forth at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I), (2), (3), and (4), and the director was correct to 
deny the petition. Accordingly, the AAO will not disturb the director's denial of the petition. As the 
SRC 04 204 50709 
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proposed position is not a specialty occupation, the beneficiary's qualifications to perform its duties are 
immaterial. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 8 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.