dismissed H-1B Case: Travel Services

identifying data deleted to 
preveni clew:y unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: EAC 04 197 5 1632 Office: VERMONT SERVICE CENTER me: JUN 0 2 2006 
PETITION: 
 Petition for a Nonirnrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 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. 
EAC 04 197 51632 
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 full-service travel agency that seeks to employ the beneficiary as a travel operations 
management analyst. 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. § 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the basis of his finding that the petitioner had failed to establish that the 
proposed position qualifies for classification as a specialty occupation. 
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the 
director's denial letter; and (3) the Form I-290B and supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
Section 214(i)(l) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1184(i)(l), defines the term 
"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. 
The term "specialty occupation" is further defined at 8 C.F.R. fj 214.2(h)(4)(ii) as: 
[A]n 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. 6 214.20(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 
EAC 04 197 5 1632 
Page 3 
(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 1 1, 2004 letter of support, the petitioner stated that the beneficiary would spend fifteen percent 
of her time managing its chartered flight sector's entire operations in the New York area and arranging 
circulation and allocating schedules between Hungary and the United States; ten percent of her time 
evaluating the pricing of chartered flights between Hungary and the United States with respect to 
long-term profitability and competitiveness; ten percent of her time analyzing past revenues and marginal 
growth to project upcoming business directions and recommending budget allocation, personnel 
circulation, and in- and out-bound transportation services to management; ten percent of her time 
analyzing existing contracts, agreements, and ventures with various sectors of the travel industry; fifteen 
percent of her time researching competitors' chartered flight rates, marketing and sales distribution 
network, target base, and pricing, and formulating the petitioner's targeted marketing; ten percent of her 
time developing personnel circulation schedules in order to comply with optimal time, cost, and resources 
of the petitioner's transportation services, and determining the feasibility of hiring additional staff; ten 
percent of her time performing comparison analysis on in-house versus subcontracts, ownership versus 
lease of equipment, manual versus technological implementations, and operational requirements; ten 
percent of her time conducting risk assessments to measure the financial risks associated with specific 
business decisions for the petitioners' chartered flights, and determining strategies to minimize risks and 
losses; five percent of her time developing an optimum pricing schedule, taking into account estimated 
monthly revenues and operational costs, foreign exchange rates, and travel market conditions; and five 
percent of her time liaising with corporate clients in Japan, Hungary, and the United States to ensure that 
their needs and expectations have been met, and initiating negotiations for upcoming orders and contracts. 
The director denied the petition, finding that the petitioner had satisfied none of the criteria set forth at 
8 C.F.R. 214.2(h)(4)(iii)(A), and therefore had not established that the proposed position qualifies for 
classification as a specialty occupation. Based upon its review of the entire record of proceeding, the AAO 
finds that the director's decision was correct. 
The AAO begins its analysis by observing that the proposed position and its duties are described in 
exclusively generic terms that identify job functions in the abstract, without relation to what they involve 
in actual practice in the petitioner's travel business. These descriptions do not substantiate the level of 
knowledge that the beneficiary would employ in the job. They do not identify concrete substantive 
matters that the beneficiary would address in this particular petitioner's business operations. They do not 
identify particular theoretical and practical applications of baccalaureate-level specialized knowledge that 
the beneficiary's work would require. As a consequence of this abstract characterization of the job 
without relation to actual performance, there is no reasonable basis for the AAO to determine that the 
proposed position or the duties comprising it are unique or particularly complex or specialized. 
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 
EAC 04 197 5 1632 
Page 4 
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the 
duties and educational requirements of particular occupations. 
Counsel and the petitioner contend that the duties of the proposed position are similar to those of market 
research analysts and operations research analysts, as those occupations are described in the Handbook. 
The 2006-2007 edition of the Handbook states the following with regard to the employment of market 
research analysts: 
Market, or marketing, research analysts are concerned with the potential sales of a 
product or service. Gathering statistical data on competitors and examining prices, sales, 
and methods of marketing and distribution, they analyze statistical data on past sales to 
predict future sales. Market research analysts devise methods and procedures for 
obtaining the data they need. Often, they design telephone, mail, or Internet surveys to 
assess consumer preferences. They conduct some surveys as personal interviews, going 
door-to-door, leading focus group discussion, or setting up booths in public places such 
as shopping malls. Trained interviewers, under the market research analyst's direction, 
usually conduct the surveys. 
After compiling and evaluating the data, market research analysts make 
recommendations to their client or employer based upon their findings. They provide a 
company's management with information needed to make decisions on the promotion, 
distribution, design, and pricing of products or services. The information also may be 
used to determine the advisability of adding new lines of merchandise, opening new 
branches, or otherwise diversifying the company's operations. Market research analysts 
might also develop advertising brochures and commercials, sales plans, and product 
promotions such as rebates and giveaways. 
The Handbook states the following with regard to the educational qualifications necessary for entry into 
this field: 
A bachelor's degree is the minimum educational requirement for many market and 
survey research jobs. However, a master's degree may be required, especially for 
technical positions, and increases opportunities for advancement to more responsible 
positions. Also, continuing education is important in order to keep current with the latest 
methods of developing, conducting, and analyzing surveys and other data. Market and 
survey researchers may earn advanced degrees in business administration, marketing, 
statistics, communications, or some closely related discipline. Some schools help 
graduate students find internships or part-time employment in government agencies, 
consulting firms, financial institutions, or marketing research firms prior to graduation. 
In addition to completing courses in business, marketing, and consumer behavior, 
prospective market and survey researchers should take other liberal arts and social 
science courses, including economics, psychology, English, and sociology. Because of 
the importance of quantitative skills to market and survey researchers, courses in 
mathematics, statistics, sampling theory and survey design, and computer science are 
extremely helpful. Many corporation and government executives have a strong 
background in marketing. 
EAC 04 197 5 1632 
Page 5 
As the Handbook finds that market research analyst positions impose no specific degree requirement on 
individuals seeking employment in the field, the proposed position does not qualify as a specialty 
occupation under the first criterion, that is, by virtue of the position being identified as one that normally 
requires at least a bachelor's degree, or its equivalent, in a specific specialty. When a range of degrees, 
e.g., the liberal arts, or a degree of generalized title without further specification, e.g., business administration, 
can perform a job, the position does not qualify as a specialty occupation. Matter of Michael Hertz 
Associates, 19 I&N Dec. 558 (Cornrn. 1988). The petitioner does not indicate that the duties of the proposed 
position that comport with those of a market research analyst position are technical in nature, and require a 
master's degree. To prove that a job requires the theoretical and practical application of a body of specialized 
knowledge as required by Section 214(i)(l) of the Act, a petitioner must establish that the position requires the 
attainment of a bachelor's or higher degree in a specialized field of study. As noted previously, CIS 
interprets the degree requirement at 8 C.F.R. $ 214.2@)(4)(iii)(A) to require a degree in a specific specialty 
that is directly related to the proposed position. Accordingly, the petitioner has not established that the 
duties of its proposed position that are similar to those of a market research analyst qualify as a specialty 
occupation under 8 C.F.R. $ 2 14.2(h)(4)(iii)(A)(I). 
Nor do the duties of the proposed position that are similar to those of a market research analyst qualify as 
a specialty occupation under either alternative 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. No evidence has been submitted to establish this criterion. 
Accordingly, the duties of the proposed position that are similar to those of a market research analyst do 
not qualify as a specialty occupation under the first prong of 8 C.F.R. $ 214.2@)(4)(iii)(A)(2). 
The AAO also concludes that the record does not establish that the duties of the proposed position that are 
similar to those of a market research analyst qualify as a specialty occupation under the second prong of 
8 C.F.R. $ 214.2(h)(4)(iii)(A)(2), which requires a showing that the position is so complex or unique that 
it can only be performed by an individual with a degree. It finds no evidence that would support such a 
finding, as the position proposed in the petition is similar to the market research analyst position 
described in the Handbook, which normally does not require a degree in a specific field. 
Accordingly, the petitioner has not established that the duties of the proposed position that are similar to 
those of a market research analyst qualify as a specialty occupation under either prong of 
8 C.F.R. $214.2(h)(4)(iii)(A)(2). 
Nor does the proposed position 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 proposed 
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. No 
evidence has been submitted to verify that the proposed position qualifies as a specialty occupation under this 
criterion. 
Finally, the AAO turns to the criterion at 8 C.F.R. $ 214.2@)(4)(iii)(A)(4), which requires a 
demonstration that 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. 
A review of the duties of the proposed position that comport with those of a market research analyst does 
not lead to a conclusion that they would require the beneficiary to possess a higher degree of knowledge 
EAC 04 197 51632 
Page 6 
and skill than that normally expected of non-technical market research analysts who routinely undertake a 
range of demanding and complex business activities. Therefore, the duties do not appear so specialized 
and complex as to require the highly specialized knowledge associated with a baccalaureate or higher 
degree, or its equivalent, in a specific specialty. There is no information in the record to support a finding 
that the market research analyst duties are more specialized and complex than the market research analyst 
positions for which the Handbook indicates no requirement for the highly specialized knowledge associated 
with at least a bachelor's degree in a specific specialty. Therefore, the evidence does not establish that the 
market research duties of the proposed position qualify it as a specialty occupation under 
8 C.F.R. $ 214.2(h)(4)(iii)(A)(4). 
Accordingly, CIS acceptance of counsel's contention that many of the duties of the proposed position are 
similar to those of a market research analyst does not qualify the proposed position as a specialty 
occupation. 
The AAO next turns to the contention that the rest of the duties of the proposed position are similar to 
those of an operations research analyst. The AAO does not accept this contention. The Handbook 
indicates that operations research analysts help determine ways to effectively utilize money, materials, 
and equipment by applying analytical methods from mathematics, science, and engineering. Such 
applications are not established by the petitioner's description of the duties of the position. The scope of 
the proposed position lacks both the breadth and the depth of an operations research analyst position. 
The petitioner has not demonstrated that its proposed position qualifies for classification as a specialty 
occupation. 
Beyond the decision of the director, even if the AAO were to accept the contention that the duties of the 
proposed position are similar to those of operations research analysts, and there is no basis for the AAO to do 
so, the petition still would not be approved, as the beneficiary does not qualify to perform the duties of such a 
position. 
An operations research analyst is normally a specialty occupation, normally requiring those seeking 
entry-level employment to possess a master's degree in operations or a closely related field, such as 
computer science, engineering, business, mathematics, information systems, or management science, 
coupled with a bachelor's degree in computer science or a quantitative discipline such as economics, 
mathematics, or statistics. 
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 
EAC 04 197 51632 
Page 7 
(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. 
As noted previously, the Handbook reports that operations research analysts seeking entry-level 
employment are normally required to possess a master's degree in operations or a closely related field, 
such as computer science, engineering, business, mathematics, information systems, or management 
science, coupled with a bachelor's degree in computer science or a quantitative discipline such as 
economics, mathematics, or statistics. 
If a particular specialty occupation requires an educational attainment higher than that of a baccalaureate 
degree, then the beneficiary of the proposed position must possess that requisite higher education. 
Therefore, the petitioner must prove that the beneficiary possesses the equivalent of a master's degree. 
In making its determination as to whether the beneficiary qualifies to perform the duties of a specialty 
occupation, the AAO turns to the criteria at 8 C.F.R. 5 214.20(4)(iii)(C), as described above. The 
beneficiary did not earn a degree from a United States institution of higher education, so she does not 
qualify under the first criterion. 
Nor does the beneficiary qualify under the second criterion, which requires a demonstration that the 
beneficiary's foreign degree has been determined to be equivalent to a United States baccalaureate or 
higher degree required by the specialty occupation from an accredited college or university. While the 
record contains an evaluation stating that the beneficiary's foreign degree is equivalent to a bachelor's 
degree in general studies with a concentration in English, the position of an operations research analyst 
requires at least a master's degree. 
The record does not demonstrate, nor has the petitioner contended, that the beneficiary holds an 
unrestricted state license, registration or certification to practice the specialty occupation, so she does not 
qualify under the third criterion, either. 
The fourth criterion, set forth at 8 C.F.R. 5 214.2@)(4)(iii)(C)(4), requires a showing (1) that the 
beneficiary's education, specialized training, and/or progressively responsible experience is equivalent to 
the completion of a United States baccalaureate or higher degree in the specialty occupation, and (2) that 
the beneficiary also has recognition of that expertise in the specialty through progressively responsible 
positions directly related to the specialty. 
Thus, it is the fourth criterion under which the petitioner must classify the beneficiary's combination of 
education and work experience. Pursuant to 8 C.F.R. 5 224.2(h)(4)(iii)(D), equating a beneficiary's 
credentials to a United States baccalaureate or higher degree is determined by one or more of the 
following: 
(I) 
 An evaluation from 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 
andtor work experience; 
EAC 04 197 5 1632 
Page 8 
(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 registration 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, andlor work experience in areas related to the specialty and 
that the alien has achieved recognition of expertise in the specialty occupation as 
a result of such training and experience. 
The beneficiary does not qualify under 8 C.F.R. § 214.2(h)(4)(iii)(D)(I), as the evaluation states that the 
combination of the beneficiary's education and experience are equivalent to a bachelor's degree in 
tourism management. However, the position of an operations research analyst requires a master's 
degree. 
No evidence has been submitted to establish, nor has counsel contended, that the beneficiary satisfies 
8 C.F.R. 214.2(h)(4)(iii)(D)(2), which requires that the beneficiary submit 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). 
Nor does the beneficiary satisfy 8 C.F.R. 214.2(h)(4)(iii)(D)(3). As was the case under 
8 C.F.R. 8 214.2(h)(4)(iii)(C)(2), the beneficiary is unqualified under this criterion because the evaluation 
does not state that the beneficiary has the equivalent of a master's degree. 
No evidence has been submitted to establish, nor has counsel contended, that the beneficiary satisfies 
8 C.F.R. 8 214.2(h)(4)(iii)(D)(4), which requires that the beneficiary submit evidence of certification or 
registration from a nationally-recognized professional association or society for the specialty that is 
known to grant certification or registration to persons in the occupational specialty who have achieved a 
certain level of competence in the specialty. 
The AAO next turns to the fifth criterion. When CIS determines an alien's qualifications pursuant to 
8 C.F.R. 8 214.2(h)(4)(iii)(D)(5), the alien must have a baccalaureate degree followed by at least five 
years of experience in the specialty in order to demonstrate equivalency to a master's degree. It must be 
clearly demonstrated (1) that the alien's training andlor work experience included the theoretical and 
practical application of specialized knowledge required by the specialty occupation; (2) that the alien's 
experience was gained while working with peers, supervisors, or subordinates who have a degree or its 
equivalent in the specialty occupation; and (3) that the alien has recognition of expertise in the specialty 
evidenced by at least one type of documentation such as: 
EAC 04 197 5 1632 
Page 9 
(i) 
 Recognition of expertise in the specialty occupation by at least two recognized 
authorities in the same specialty occupation1; 
(ii) 
 Membership in a recognized foreign or United States association or society in the 
specialty occupation; 
(iii) 
 Published material by or about the alien in professional publications, trade 
journals, books, or major newspapers; 
(iv) 
 Licensure or registration to practice the specialty occupation in a foreign country; 
or 
(v) 
 Achievements which a recognized authority has determined to be significant 
contributions to the field of the specialty occupation. 
The record indicates that the beneficiary earned her degree in 1995. 
 The petition was filed on 
June 22, 2004. The petitioner must demonstrate that at least five years of the beneficiary's work 
experience meets the requirements delineated at 8 C.F.R. $ 214.2(h)(4)(iii)(D)(5). 
According to the record, the beneficiary worked as a travel management specialist for the World Line 
Company from April 1995 through December 1998. The record contains no evidence regarding the 
beneficiary's work experience after December 1998, so the beneficiary cannot demonstrate five years of 
qualifying experience. Moreover, the record does not demonstrate that this work experience included the 
theoretical and practical application of a body of highly specialized knowledge, or that it was gained 
while working with peers, supervisors, or subordinates with degrees in the specialty, and that the 
beneficiary achieved recognition of expertise in the field as defined at section (i) of 
8 C.F.R. $ 214.2(h)(4)(iii)(D)(5). 
Therefore, the petitioner has not demonstrated five years of qualifying work experience. As such, the 
beneficiary does not qualify under any of the criteria set forth at 
8 C.F.R. $8 214.2(h)(4)(iii)(D)(I)(2)(3)(4), or (5), and therefore by extension does not qualify under 
8 C.F.R. $ 214.2(h)(4)(iii)(C)(4). 
Thus, even if the AAO were to accept the petitioner's contention that the duties of the proposed position 
rise to the level of an operations research analyst, the beneficiary would not qualify to perform its duties 
of a specialty occupation. For this additional reason, the petition may not be approved. 
The petitioner has failed to establish that the position qualifies for classification as a specialty occupation 
under any of the criteria set forth at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(I), (2), (3), and (4). Accordingly, the 
AAO will not disturb the director's denial of the petition. 
' 
 Recognized authority means a person or organization with expertise in a particular field, special skills or 
knowledge in that field, and the expertise to render the type of opinion requested. A recognized authority's opinion 
must state: (1) the writer's qualifications as an expert; (2) the writer's experience giving such opinions, citing 
specific instances where past opinions have been accepted as authoritative and by whom; (3) how the conclusions 
were reached; and (4) the basis for the conclusions supported by copies or citations of any research material used. 
8 C.F.R. § 214.2(h)(4)(ii). 
EAC 04 197 51632 
Page 10 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 9 1361. The petitioner has not sustained that burden. 
ORDER. 
 The appeal is dismissed. The petition is denied.