dismissed H-1B Case: Travel Services

U.S. Depi~~ment of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washugton, DC 20529 
U. S. Citizenship 
and Immigration 
EAC 03 226 53799 Office: VERMONT SERVICE CENTER Date: ,, *-,a 
\-% \\* - L&LJ? 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the 
gration and Nationality Act, 8 U.S.C. 5 B lOl(a)(lS)(H)(i)(b) 
This is the decision of the Administrative Appeals Office in your case. A11 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 
EAC 03 226 53799 
Page 2 
DISCUSSION: The director of the service center denied the noni grant visa petition md the matter is now 
before the Administrative Appeals Office (MO) on appeal. The appeal will be dismissed. The petition will be 
denied. 
The petitioner is a travel specialist for music and pearforming groups. It seeks to employ the bene-ficiary as an . . operations manager. The petitioner, therefore, endeavors to classify the beneficiary as 
in a specialty occupation pursuant to section 10B(a)(15)(H)(i)(b) of the 1 
Act), 8 U.S.C. g 1 lOl(a)(15)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, the 
petitioner submits a brief and additional evidence. 
Section 214(i)(P) of the Act, 8 U.S.C. 5 1184(i)(l), defines the tern "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. 
Pursuant to 8 C.F.R. 5 214.2(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 nomlly the minimum requirement 
for entry into the particular position; 
(2) The degree requirement is comon to the industry in paallel 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 
44) 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 baccalaweate or 
higher degree. 
Citizenship and Immigration Services (CIS) interprets the tern "degree" in the criteria at 8 C.F.R. 
3 214.2(h)(4)(iii)(AQ 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) 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 
EAC 03 226 53799 
Page 3 
director's denial letter; and (5) Form I-290B and supporting documentation. The MO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as an operations manager. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Fom 1-129; the petitioner's support letter; 
and the petitioner's response to the director's request for evidence. According to this evidence, the 
beneficiary would perform duties that elltail planning comprehensive travel arrangements for orchestras and 
other musical performers; negotiating contracts in English, Italian, and French with airlines, ground transport 
companies, tour guides, and hotels to procure transportation, accommodations, and meals, and sightseeing 
agendas; coordinating performance connections at worldwide concerts and festivals to assure that 
anrangemerats meet orchestrdperforrning group management and union contract regulations; ensuring that 
orchestra and performing group members have appropriate legal documents such as passports and visas. h 
response to the request for evidence the petitioner described the proposed duties as: dealing with airlines to 
find the best routing for group destinations at the most convenient airfare; discussing contractual terns and 
conditions and changing them when necessary; dealing with incoming services such as hotels, land 
transportation companies, and international land operators; creating services for travel packages and assigning 
the appropriate travel period for activities; formulating customized contracts for submission to clients upon 
approval of travel programs; remaining competitive by researching competitor's products and monitoring their 
performance; writing detailed travel proposals to attract customers; creating new contacts with Band and air 
operators to obtain new business; improving contracts to decrease over-all costs and reduce business risks; 
devising price ski ng techniques to ascertain the highest price that a client will pay; devising direct 
marketing techniques; constructing surveys to obtain client feed-back on travel packages; and tracking cash, 
accounts payable, accounts receivable, and other accounts. For the proposed position the petitioner requires a 
bachelor's degree in business administration and thee or more years of experience in the travel industry. 
The director stated that the evidence reflects that the petitioner is a travel agency, and that the proposed duties 
are a combination of those of a travel agent and an accounting clerk or bookkeeper as those occupations are 
depicted in the Department of Labor's OccupationaE Outlook Handbook (the Handbook), and that these 
occupations do not require a bachelor's degree. The director stated that the petitioner failed to submit 
independent evidence corroborating the asse~ion that all employees are required to possess at least a 
baccalaureate degree in a specific specialty; or show that the industry requires a bachelor's degree in a 
specific specialty for the proposed position; 
On appeal, counsel states that CIS approved an H-PB petition filed on behalf of the beneficiary by another 
employer for a similar position. Counsel states that the description of a travel agent in the Hanckbook does not 
include some sf the beneficiary's special duties; and observes that the Handbook conveys that the requirement 
of a bachelor's degree is quickly becoming the nom for travel agency positions as college is increasingly 
important for getting a job, and that a college education is sometimes desired by employers. Counsel refers to 
an HRA Compensation Survey, which indicates that a similar position, a conferencelmeting coordinator, 
"[n]onnaPly requires relevant college courses and 2-4 years related experience." Counsel references the 
petitioner's website to show that the petitioner requires employees to hold a bachelor's degree. Referrjing to 
an unpublished case, counsel states that the case indicates that the government should give deference to an 
EAC 03 226 53799 
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employer's view, consider fully the empBoyerqs evidence, and not rely simply on "standardized government 
classification systems" such as the Handbook. Counsel discusses a November 23, 2003 statement from CIS 
which states that previously adjudicated matters should not be re-adjudicated absent the indication of fraud of 
gross enor. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
8 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
Counsel asserts that CIS has already determined that the proffered position is a specialty occupation since CIS 
has approved another, similar petition in the past. This record of proceeding does not, however, contain the 
supporting evidence submitted to the service center in the prior case. Hn the absence of all of the 
corroborating evidence contained in that record of proceeding, counsel's assertions are not sufficient to enable 
the AAO to determine whether the prior H-1B petition and the instant petition are parallel. Furthermore, each 
grant petition is a separate proceeding with a separate record. See 8 C.F.R. § BB33.84d). h making a 
determination of statutory eligibility, CIS is limited to the infomation contained in the record sf proceeding. 
See 8 C.F.R. 3 103.2(b)(16)(ii). 
Counsel's reference to an unpublished case to establish that CIS should rely on "standardized government 
classification systems," such as the gPandbooS in determining whether a position qualifies as a specialty 
occupation is not persuasive. Hn contrast to the broad precedential authority of the case law of a United States 
circuit court, the AAO is not bound to follow the published decision of a United States district court in cases 
arising within the same district. See Matter of K-S-, 20 I&N Dec. 715 4BU 1993). The reasoning underlying 
a district judge's decision will be given due consideration when it is properly before the AAO; however, the 
analysis does not have to be followed as a matter of law. Id. at 719. In addition, as the published decisions of 
the district courts are not binding on the AAO outside of that particular proceeding, the unpublished decision 
of a district court would necessarily have even less persuasive value. 
h 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 howledge, 
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 Handbook for its information about the 
duties and educational requirements of particular occupations. 
The director properly concluded that many of the proposed duties are encompassed within those of a travel 
agent as that occupation is depicted in the Handbook. The Handbook reports: 
In general, travel agents give advice on destinations and make arrangements for 
transportation, hotel accomodations, car rentals, tows, and recreation. They also may advise 
on weather conditions, restaurants, tourist attractions, and recreation. For international travel, 
agents also provide infomation on customs regulations, required papers (passports, visas, and 
certificates of vaccination), and currency exchange rates. 
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The Handbook continues: 
Travel agents also promote their services, using telemarketing, direct mail, and the Internet. 
They make presentations to social and special-interest groups, arrange advertising displays, 
and suggest company-sponsored trips to business managers. Depending on the size of the 
travel agency, an agent may specialize by type of travel, such as leisure or business, or 
destination3 such as Europe or Africa. 
The beneficiary will make flight arrangements; discuss, modify, and enter into contracts; deal with hotels, 
land transportation companies, and international land operators; create services for travel packages; draft 
conuacts for clients; keep abreast with competitors by researching their products and monitoring their 
performance; write detailed travel proposaEs to attract customers and create new contacts with land and air 
operators to draw in business; improve contracts to decrease over-all costs and reduce business risks; devise 
ng techniques to ascertain the highest price that a client will pay; devise direct marketing 
techniques; and construct surveys to obtain client feed-back on travel packages. These duties are 
encompassed within those of a travel agent as they give advice on destinations and make arrangements for 
transportation, hotel accomodations, car rentals, tours, and recreation; advise on restaurants, tourist 
attractions, and recreation; promote services, using telemarketing, direct mil, and the Internet; make 
presentations to social and special-interest groups, arrange advertising displays, and suggest company- 
sponsored trips to business managers; and provide information on customs regulations and required papers 
such as visas. The proposed duty to draft contracts would be encompassed within a managerial position in a 
travel agency. 
Counsel claims that the Handbook conveys that the requirement of a bachelor's degree is quickly becoming 
the noran for travel agency positions as college is increasingly important for getting a job, and that employers 
sometimes desire a college education. The AAO finds that the Handbook conveys that a bachelor's degree is 
not required for a travel agent or a managerial position in a travel agency. The findbook states "[t]he 
minimum requirement for those interested in becoming a travel agent is a high school diploma or equivalent," 
and the findbo~k reports: 
Som employees start as reservation clerks or receptionists in travel agencies. With 
experience and some fonnal training, they can take on greater responsibilities and eventually 
assume travel agent duties. In agencies with many offices, travel agents may advance to 
office manager or to other managerial positions. 
The Handbook conveys that bookkeeping, accounting, and auditing clerks "update and maintain one or more 
accounting records, including those which tabulate expenditures, receipts, accounts payable and receivable, 
and profit and loss," According to the findbook, these occupations do not require a bachelor's degree. The 
beneficiary's duties relating to accounts payable and accounts receivables fall within the duties of financial 
clerks, which are occupations that do not require a bachelor's degree. 
EAC 83 226 53799 
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The reference to the HRA Compensation Survey is not persuasive in establishing that the proposed position is 
a specialty occupation in that the requirement of "relevant college cornses and 2-4 years related experience" 
differs from the requirement of possessing a baccalaureate degree. Further, a study of compensation paid by 
employers does not focus on the educational requirements of the position. Counsel does not attach the survey 
OK its methodology. Simply going on record without supporting documentary evidence is not sufficient for 
the purpose of meeting the burden of proof in these proceedings. Matter of Sofici, 22 I&N Dec. 158, 145 
(Corn. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Corn. 1972)). 
The petitioner fails to establish the first criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that a baccalaureate or 
higher degree or its equivalent in a specific specialty is the normal minimum requirement for entry into the 
particular position, as the Handbook indicates that a bachelor's degree in a specific specialty is not required of 
travel agents and financial clerks, which are similar occupations to the proposed position. 
No evidence establishes the fist alternative prong at 8 C.F.R. 3 214.2(h)(4)(iii)(A)O - that a specific degree 
requirement is common to the industry in parallel positions among similar organizations. 
The petitioner has not satisfied the second alternative prong at 8 C.F.R. $ 214.2(h)(4)(iii)(A)(2) as no 
evidence in the record shows the proffered position is so complex or unique that it can be performed only by 
an individual with a degree. The findbook reveals that the proposed duties are not complex or unique as 
they are a combination of those of travel agents and financial clerks, which are occupations that do not require 
a baccalaureate degree in a specific specialty. 
The regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3) requires that the petitioner establish that it normally 
requires a degree or its equivalent for the position. The petitioner claims that it requires its employees to 
possess a bachelor's degree. The record contains a document entitled "Staff Contact, Exhibit 3." This 
document shows that the petitioner employs thee persons as operations managers, and that these employees 
hold a master's degree in international affairs, a baccalaureate degree in comunications, and a baccalaureate 
degree in Hispanic Studies with a aninor in sociology. This evidence shows that the petitioner does not 
require a bachelor's degree in a specific specialty as it accepts a broad range of baccalaureate degrees for the 
proposed position. As such, the petitioner fails to establish the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
To satisfy the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)($), the petitioner must establish that the nature of 
rhe specific duties is so specialized and complex that the knowledge required to perfom them is usually 
associated with the attainment of a baccalaureate or higher degree. In this decision the ABO has already 
conveyed that the proposed duties resemble those of travel agents and financial clerks, and that the Handbook 
reveals that these occupations do not require a bachelor's degree in a specific specialty. No additional 
complexities have been described which would require a baccalaureate degree in a specialty. Thus, the 
petitioner fails to establish this last criterion. 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AA0 shall not disturb the director's denial of the petition. 
EAC 03 226 53799 
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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. 
ODER: The appeal is dismissed. The petition is denied.