remanded H-1B Case: Marketing

identifying data deIeted to 
prevent clearly unwarmntd 
invasion of personai privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 04 2 1 8 5 1 164 Office: VERMONT SERVICE CENTER Date: JUL 1 4 2006 
PETITION: 
 Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
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 
EAC 04 218 51 164 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The director's decision will be withdrawn. The petition 
will be remanded to the director for entry of a new decision. 
The petitioner is a wholly owned subsidiary of - , a worldwide marketing 
communications group, and provides accounting and administrative services to the parent company and its 
affiliates. It seeks to employ the beneficiary as an assistant account executive and endeavors to classify her 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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition stating that the beneficiary is not qualified to perform the duties of a specialty 
occupation in marketing. On appeal, counsel submits a brief and additional information stating that the petitioner 
is qualified to perform the duties of the proffered position. 
The issue to be discussed in this proceeding is whether the beneficiary is qualified to perform the duties of the 
proffered position. 
Section 1 Ol(a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 8 1 101 (a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(2) of the Act, 8 U.S.C. 4 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess: 
(A) full state licensure to practice in the occupation, if such licensure is required to 
practice in the occupation, 
(B) completion of the degree described in paragraph (l)(B) for the occupation, or 
(C) 
 (i) experience in the specialty equivalent to the completion of such degree, and 
(ii) recognition of expertise in the specialty through progressively responsible 
positions relating to the specialty. 
Pursuant to 8 C.F.R. 8 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, the 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 
EAC 04 218 51164 
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specialty in the state of intended employment; or 
(4) Have education, specialized training, and/or 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. 
Pursuant to 8 C.F.R. 4 214.2(h)(4)(iii)(D), for purposes of paragraph (h)(4)(iii)(C)(4) of this section, 
equivalence to completion of a United States baccalaureate or higher degree shall mean achievement of a 
level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal 
to that of an individual who has a baccalaureate or higher degree in the specialty and shall be 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 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 
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, and/or 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 AAO routinely consults the Handbook for information about the duties and educational requirements of 
particular occupations. The duties of the proffered position appear to fall within those noted for advertising, 
marketing, promotions, public relations, and sales managers or related employees. The Handbook notes that a 
wide range of educational backgrounds is suitable for entry into these positions, but that many employers 
prefer related experience plus a broad liberal arts background. Bachelor's degrees in sociology, psychology, 
literature, journalism, philosophy, or other subjects are suitable. Requirements will vary, however, depending 
on the duties of a particular position. For example, some employers prefer a bachelor's or master's degree in 
business administration with an emphasis in marketing, for marketing, sales, and promotion management 
positions. In highly technical industries such as computer and electronics manufacturing a degree in 
engineering or science combined with a business degree may be preferred. In public relations management 
positions some employers prefer a bachelor's or master's degree in public relations or journalism. The 
EAC 04 218 51164 
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Handbook states that most advertising, marketing, promotions, public relations, and sales management 
positions are filled by promoting experienced staff or related professional or technical personnel. Many 
managers are former sales representatives, purchasing agents, or promotions specialists. A baccalaureate 
degree in a specific specialty is not normally required for entry into the above referenced positions. Positions 
requiring degrees will accept degrees in a wide range of educational disciplines. The beneficiary holds a 
bachelor's degree in tourism management from the University of Wales Institute, Cardiff. That degree was 
determined by a credentials evaluation service to be equivalent to a bachelor's degree in tourism management 
from an accredited institution of higher learning in the United States. The courses taken by the beneficiary in 
pursuit of her degree include many courses relevant to the duties of the offered position, such as marketing, 
business analysis, management and organizational behavior, and research methods that have a broad 
application to businesses other than tourism.' The beneficiary is, therefore, qualified to perform the duties of 
the offered position. 
The petition may not be approved, however, as the position does not appear to be a special occupation. The 
director did not determine whether the proffered position qualified as a specialty occupation as the petition 
was denied on another ground. This matter must, therefore, be remanded to the director to make that 
determination. As the record is presently constituted, the offered position does not appear to qualify as a 
specialty occupation as the position is normally staffed in the industry by individuals with degrees in a 
number of unrelated fields. The director may request such additional evidence as he deems necessary in 
rendering his decision. 
As always, the burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 9 1361. 
ORDER: The director's decision is withdrawn. The petition is remanded to the director to enter a new 
decision commensurate with the directives of this opinion which, if adverse to the petitioner, shall 
be certified to the AAO for fbrther review. 
' An opinion letter from Dr. 
 Head of School, Welsh School of Hospitality, Tourism & Leisure 
Management, University o 
 Cardiff, states that the beneficiary's degree prepares the 
petitioner well for careers in sales or advertising management among other business careers.