remanded H-1B Case: Marketing

identifLing data deleted to 
prevent clearly unwanaryed 
invasion of mnal- 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave.. N.W., Rm. 3000 
Washington. DC 20529 
U.S. Citizenship 
and Immigration 
FILE: LIN 04 207 5 1096 Office: NEBRASKA SERVICE CENTER  ate: AUG 3 0 rIiJ06 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 I0 l(a)(l S)(H)(i)(b) 
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 
LIN 04 207 5 1096 
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 The director's decision is withdrawn and the 
petition remanded for entry of a new decision. 
The petitioner is a construction company that seeks to employ the beneficiary as a marketing director. 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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition on the ground that the proffered position is not a specialty occupation. 
Counsel submits a timely appeal. 
Section 214(i)(I) of the Act, 8 U.S.C. 9 11 84(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. 
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 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 
(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. 5 214.2(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 proffered position. 
The record of proceeding before the AAO contains: (I) the 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 
LIN 04 207 5 1096 
Page 3 
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 petitioner is seeking the beneficiary's services as a marketing director. Evidence of the beneficiary's 
duties includes: the Form 1-129; the attachments accompanying the Form 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 entail the following: analyzing and segmenting the residential 
consumer market in the Washington area; identifying target markets; selecting appropriate market approach 
methods for each market segment; recruiting marketing staff; implementing and supervising marketing 
activities; analyzing the feedback of market responses; and developing requirements for service product 
differentiations in the market. The petitioner's response to the request for evidence elaborated on the 
proposed duties. For the proposed position the petitioner requires a bachelor's degree in business and two 
years of experience in marketing design and management. 
In the denial letter, the director found the petitioner's reference to the Dictionary of Occupational Titles 
(DOT) and the Occupational Information Network (O*Net) and submission of job postings insufficient to 
establish the offered position as a specialty occupation. The director stated that the proposed duties are 
encompassed within the Department of Labor's (DOL) Occupational Outlook Handbook's (the Handbook) 
classification of advertising, marketing, promotions, public relations, and sales managers. According to the 
director, the Handbook indicates that occupations in this classification do not require a baccalaureate degree 
in a specific academic discipline. 
On appeal, counsel states that the submitted evidence indicates that the offered position is that of a market 
research analyst and that the Dictionary of Occupational Titles (DOT) and the Handbook reveal that a market 
research analyst requires at least a bachelor's degree. Counsel asserts that the job postings describe positions 
requiring at least a baccalaureate degree. Counsel submits a letter from the petitioner that states that the 
petitioner's growth necessitates the services of a marketing director, and he also submits a detailed breakdown 
of the duties of the proposed position. This breakdown indicates that the duties are a combination of those of 
a market and survey researcher, a marketing manager, and a computer and information systems manager. 
Upon review of the record, the petitioner has established one of the four criteria outlined in 
8 C.F.R. 5 2 14.2(h)(4)(iii)(A). Therefore, the proffered position is a specialty occupation. 
To satisfy the regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), the petitioner must establish that the nature of 
the specific duties is so specialized and complex that the knowledge required to perform such duties is usually 
associated with the attainment of a baccalaureate or higher degree. The nature of the petitioner, the proposed 
job description, the income tax records, and other evidence of record reflect that a bachelor's degree in a 
specific discipline is required for the proposed position of marketing director. The petitioner submitted 
sufficient evidence that provides a factual basis in which to conclude that the nature of the proposed duties is 
so specialized and complex that the knowledge required to perform the duties is usually associated with the 
attainment of a baccalaureate degree in marketing, statistics, or a related field. Accordingly, the petitioner 
establishes the criterion at 8 C.F.R. tj 2 14.2(h)(4)(iii)(A)(3). 
LIN 04 207 5 1096 
Page 4 
The AAO will now consider the beneficiary's qualifications for the proposed position of marketing director. 
The record contains the beneficiary's transcript and degree in business administration from Yonsei University 
in Seoul, Korea, and certificates of employment from DACOM Corporation, Tellabs Korea, Inc., Airmedia 
Corporation, and Hellostory Corporation. The record, however, does not contain an educational evaluation of 
the beneficiary's degree in business administration. Thus, the petition may not be approved at this time as the 
evidence contained in the record is insufficient to demonstrate that the beneficiary is qualified to perform the 
duties of the proposed position - marketing director. The director may afford the petitioner reasonable time 
to provide evidence pertinent to the issue of whether the beneficiary is qualified to perform the duties of the 
proposed position, and any other evidence the director may deem necessary. The director shall render a new 
decision based on the evidence of record as it relates to the regulatory requirements for eligibility. The 
burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the 
Act, 8 U.S.C. $1361. 
ORDER: 
 The director's March 10, 2005 decision is withdrawn. The petition is remanded to the director 
for entry of a new decision, which if adverse to the petitioner, is to be certified to the AAO for 
review.