dismissed H-1B Case: Travel And Tourism

identifjdng data &&i ta 
prevent clearly 
invasion of mnal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC 04 800 61 842 Office: CALIFORNIA SERVICE CENTER me: JUN 0 9 2006 
IN RE: 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 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 documents have been returned 
to the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
WAC 04 800 6 1 842 
Page 2 
DISCUSSION: The director of the California Service Center denied the nonimrnigrant 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 an international tour operator with 7 employees, three offices, and a gross annual income 
of $3 million. It was established in 1998. It seeks to employ the beneficiary as a contract administrator 
pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 
1 lOl(a)(lS)(H)(i)(b). The director denied the petition based on his determination that the proffered 
position was not a specialty occupation. The director further determined that the beneficiary is not 
qualified to perform the duties of 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) the petitioner's response to the director's request for evidence, 
dated December 22, 2004; (4) the director's denial letter; and (5) Form I-290B, with the counsel's brief 
and new and additional evidence. 
The first issue before the AAO is whether the 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 2 14(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 184(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, physi&l 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: 
(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 
WAC 04 800 61842 
Page 3 
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 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 (5" 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 seelung the beneficiary's services as a contracts administrator for its 
business to work under the direct supervision of its president. 
At the time of filing, and in response to the RFE, the petitioner stated the duties of the proffered position 
as follows: 
Direct all activities concerning the administration of local and international travel related 
contracts to ensure contract compliance of US and Japanese business associates; 
Utilize specialized knowledge of travel and tourism business in order to maximize 
operational efficiency in contracts administration; 
Exercise independent judgment regarding legal and financial matters related to travel 
related international business agreements; 
Draft pre-contract field orders binding customers to distribution agreements and amend 
agreements as required; 
Ensure contracts are in compliance with national and international laws and regulations; 
Produce and monitor field order reports documenting agreement terms with each business 
associate company; 
Analyze contracts to ensure that third parties' rights are not infringed upon and produce 
reports documenting such findings; 
WAC 04 800 61 842 
Page 4 
Review travel related contractual agreements for finance issues to be resolved; and 
Ensure the ongoing adherence, validity and enforceability of contractual provisions. 
The petitioner stated that it required a bachelor's degree in Business Management, Business 
Administration or Travel and Tourism, and that in the past the duties of the position were performed by 
the company's president. 
The director found that the proffered position was not a specialty occupation because the duties are not so 
specialized and complex as to require a bachelor's degree in a specific field of study. Citing to the 
Department of Labor's (DOL) Occupational Outlook Handbook (Handbook), the director noted that the 
duties of the position are similar to that of a contracts administrator and purchasing manager, buyer, or 
purchasing agent, a position that is not listed as a specialty occupation. The director found further that the 
petitioner failed to establish any of the criteria found at 8 C.F.R. 9 2 14.2(h)(4)(iii)(A). 
On appeal, counsel asserts that the contracts administrator position has a combination of duties similar to 
those of an administrative services manager and contract specialist, requires a bachelor's degree and 
points to the Handbook's section on education and training for administrative services manager and 
contract specialist, and the specific vocational preparation (SVP) code in the Department of Labor's 
Dictionary of Occupational Titles (DOT) for both administrative services managers and contract 
specialists. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 8 C.F.R. 
214.2(h)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
To determine whether the duties just described are those of a specialty occupation, the AAO first 
considers the criteria at 8 C.F.R. 8 214.2(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 perfonhed only by an individual with a degree. Factors 
considered by the AAO when determining these criteria include: whether the 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 
1151, 1165 (D. Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 F. Supp. 1095, 1102 (S.D.N.Y. 
1989)). 
The AAO first turns to a consideration of the criterion at 8 C.F.R. 9 214.2(h)(4)(iii)(A)(I), that a 
baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the 
particular position. The AAO finds that the duties of the proffered position are similar to an 
administrative services manager (contracts manager). 
WAC 04 800 61 842 
Page 5 
The 2006-2007 Handbook's description of administrative services managers, at 
http:Nwww.bls.govloco/ocos002.htm, states: 
Administrative services managers perform a broad range of duties in 
virtually every sector of the economy. They coordinate and direct 
support services to organizations as diverse as insurance companies, 
computer manufacturers, and government offices. These workers manage 
the many services that allow organizations to operate efficiently, such as 
secretarial and reception, administration, payroll, conference planning 
and travel, information and data processing, mail, materials scheduling 
and distribution, printing and reproduction, records management, 
telecommunications management, security, parking, and personal 
property procurement, supply, and disposal. 
Specific duties for these managers vary by degree of responsibility and 
authority. First-line administrative services managers directly supervise a 
staff that performs various support services. Mid-level managers, on the 
other hand, develop departmental plans, set goals and deadlines, 
implement procedures to improve productivity and customer service, and 
define the responsibilities of supervisory-level managers. Some mid- 
level administrative services managers oversee first-line supervisors 
from various departments, including the clerical staff. . . . 
The nature of managerial jobs varies as significantly as the range of 
administrative services required by organizations. For example, 
administrative services managers who work as contract administrators 
oversee the preparation, analysis, negotiation, and review of contracts 
related to the purchase or sale of equipment, materials, supplies, 
products, or services. In addition, some administrative services managers 
acquire, distribute, and store supplies, while others dispose of surplus 
property or oversee the disposal of unclaimed property. . . . 
\r 
With respect to the educational qualifications for administrative service managers, the 
Handbook states: 
Educational requirements for these managers vary widely, depending on 
the size and complexity of the organization. In small organizations, 
experience may be the only requirement needed to enter a position as 
office manager. When an opening in administrative services management 
occurs, the office manager may be promoted to the position based on 
past performance. In large organizations, however, administrative 
services managers normally are hired from outside and each position has 
formal education and experience requirements. Some administrative 
services managers have advanced degrees. 
WAC 04 800 61 842 
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Whatever the manager's educational background, it must be 
accompanied by related work experience reflecting demonstrated ability. 
For this reason, many administrative services managers have advanced 
through the ranks of their organization, acquiring work experience in 
various administrative positions before assuming first-line supervisory 
duties. . . . 
Specific requirements vary by job responsibility. For first-line 
administrative services managers of secretarial, mailroom, and related 
support activities, many employers prefer an associate degree in business 
or management, although a high school diploma may suffice when 
combined with appropriate experience. For managers of audiovisual, 
graphics, and other technical activities, postsecondary technical school 
training is preferred. Managers of highly complex services, such as 
contract administration, generally need at least a bachelor's degree in 
business, human resources, or finance. . . . 
Persons interested in becoming administrative services managers should 
have good communication skills and be able to establish effective 
working relationships with many different people, ranging from 
managers, supervisors, and professionals, to' clqks and blue-collar 
workers. They should be analytical, detail-oriented, flexible, and 
decisive. They must be able to coordinate several activities at once, 
quickly analyze and resolve specific problems, and cope with deadlines. 
Persons interested in becoming administrative services managers should 
have good communication slulls and be able to establish effective 
working relationships with many different people, ranging from 
managers, supervisors, and professionals, to clerks and blue-collar 
workers. They should be analyhc~l, detail-oriented, flexible, and 
decisive. They must be able to coordinate several activities at once, 
quickly analyze and resolve specific problems, and cope with deadlines. 
The Handbook indicates that contract administrators require a degree in business, human resources or 
finance. Thus the petitioner has established that the position is a specialty occupation under 8 C.F.R. 5 
2 14.2(h)(4)(iii)(A)(I). 
The director also found that the beneficiary is not qualified to perform the services of a specialty 
occupation. The AAO agrees that the record does not contain sufficient documentation to establish that 
the beneficiary qualifies to perform services in a specialty occupation, as required at section 214(i)(2) of 
the Act, 8 U.S.C. 9 1184(i)(2), 8 C.F.R. $214.2(h)(4)(iii)(C). 
WAC 04 800 61 842 
Page 7 
Further discussion of how an alien qualifies to perform services in a specialty occupation is found at 8 C.F.R. 
§214.20(4)(iii)(C), and requires the individual to: 
(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 accrehted college or 
university; 
(3) Hold an unrestricted state license, regstration 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, andlor progressively responsible experience 
that is equivalent to completion of a United States baccalaureate or higher degree in 
the specialty occupation, and have recognition of expertise in the specialty through 
progressively responsible positions directly related to the specialty. 
No evidence has been submitted to establish that the beneficiary holds a U.S. degree in the specialty or a 
foreign degree equivalent to a U.S. degree in the specialty, nor is the beneficiary required to have a 
license to perform the duties of the proffered position. 
When a beneficiary is determined to lack the specific degree required by a specialty occupation, the AAO 
relies upon the five criteria specified at 8 C.F.R. 214.2(h)(4)(iii)(D) to determine whether the individual 
may still qualify to perform the proffered position. A beneficiary who does not have a degree in the 
specific specialty may still qualify for an H-1B nonirnrnigrant visa based on: 
(I) An evaluation fiom an official who has authority to grant college-level credit for 
training and/or experience in the specialty at an accredited college or university 
which has a program for granting such credit based on an individual's training 
and/or work experience; 
(2) The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which 
specializes in evaluating foreign educational credentials; 
(4) Evidence of certification or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or 
WAC 04 800 61 842 
Page 8 
regstration to persons in the occupational specialty who have achieved a certain 
level of competence in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, 
specialized training, andfor work experience in areas related to the specialty and that 
the alien has achieved recognition of experhse in the specialty occupation as a result 
of such training and experience. 
In support of its claim that the beneficiary has the equivalent of a degree from an accredited institution in. 
the United States, the petitioner submitted co ies of an Associate Degree certificate, unofficial transcripts, 
and a degree equivalence evaluation by of Morningside Evaluations and Consulting. 
The evaluation states that the combination of the beneficiary's education and experience are equivalent to 
a baccalaureate degree in business administration with a concentration in tourism. The credentials 
evaluation indicates that the evaluator based his assessment of the beneficiary's credentials, in part, on the 
beneficiary's work experience. The evaluator determined that the beneficiary has the equivalence of a 
bachelor of Business Administration, with a concentration in Tourism based on a combination of her 
education and job-related experience between July 1999 and September 2004. indicates that 
he is an official with authority to grant college-level credits for training and lor experience in the specialty 
at an accredited institution which has a program for granting such credit. The record also contains a letter 
from the Chair of the Business and Accounting Division at Mercy College cdnfirming has 
authority to grant college credit for training andlor work experience, and that Mercy College has a 
program for granting such credit. Thus, the petitioner states that the beneficiary is qualified for the 
position under the provisions of 8 CFR 214.2(h)(4)(iii)(D)(l). 
The AAO finds that the evaluation from is not supported by the documentary evidence of 
record. ndicated that the beneficiary graduated with an Associate's Degree from three different 
colleges: the Senzoku Gakuen Junior College in Japan, the Santiago Canyon College, and Santa Anna 
hen considered three years of work experience to equal one year of college training. 
"r 
On the basis of the credibility of Senzoku Gakuen Junior College, 
Santiago Canyon College, Santa Anna College, and hours of academic 
coursework, and considering more than three years of work experience 
and ~rofessional training in Business Administration. Tourism. and 
related areas, it is my thathas attained the equivalent 
of a Bachelor of Business Administration degree, with a concentration in 
Tourism, from an accredited institution of higher education in the United 
states. 
The record reflects, however, that the beneficiary has two associate degrees, not three. The beneficiary 
has the equivalent of four years of study at the associate degree level, two years with a concentration in 
English from Senzoku Gakuen Junior College, and two additional junior college years with a 
WAC 04 800 6 1 842 
Page 9 
concentration in travel and tourism from Santa Anna College - Santiago Canyon Colle e. The AAO 
cannot ac~e~-~inion, as it assumes facts not in the record. Further, does not 
indicate that these four years of study at junior colleges are the equivalent of three years of academic 
preparation at the university level at an accredited institution in the U.S. The AAO finds that four years 
of study at the junior college level does not equate to any academic study at the third and fourth years of 
an accredited institution in the U.S. Study at a junior college prepares a student for entry into a four-year 
university. Citizenship and Immigration Services (CIS) uses an evaluation by a credentials evaluation 
organization of a person's foreign education as an advisory opinion only. Where an evaluation is not in 
accord with previous equivalencies or is in any way questionable, it may be discounted or given less 
weight. Matter of Sea, Inc., 19 I&N Dec. 81 7 (Comm. 1988). The AAO may, in its discretion, use as 
advisory opinion statements submitted as expert testimony. However, where an opinion is not in accord 
with other information or is in any way questionable, the AAO is not required to accept or may give less 
weight to that evidence. Matter of Caron International, 19 I&N Dec. 79 1 (Comrn. 1988). 
The AAO will accept that the beneficiary has two years of study pt the university level. - 
conclusion that the beneficiary's three years of work experience is the equivalent of one additional year of 
university level training does not equal four years of university. Thus, the evaluation does not establish 
that the beneficiary is qualified to perform the services of a specialty occupation. 
CIS may perform its own evaluation of the beneficiary's academic credentials under 8 C.F.R. 9 
214.2(h)(4)(iii)(D)(5). The petitioner submitted evidence that the beneficiary has 3 years of related work 
experience. As the beneficiary would need 6 years of related work experience to equate to 2 additional 
years of study at the university level, under the 3-for-1 rule at under 8 C.F.R. 8 214.2(h)(4)(iii)(D)(5), the 
record does not establish that the beneficiary has the equivalent of a university degree. Further, the AAO 
notes that the letters submitted by the petitioner describing the beneficiary's previous employment do not 
establish that the beneficiary's work experience included the theoretical and practical application of a 
body of highly specialized knowledge, that it was gained while working with peers, supervisors or 
subordinates who have degrees in a related field, or that the beneficiary has recognition of expertise. 
Thus, the evidence does not establish that the beneficiary is qualified to perform the services of a 
specialty occupation. 
\ 
As related in the discussion above, the petitioner has established that the proffered position is a 
specialty occupation. The petition may not be approved, however, as the beneficiary is not qualified to 
perform the services of a specialty occupation. Accordingly, the AAO shall not disturb the director's 
denial of the petition. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.