remanded H-1B Case: Sales Management

identifying data deleted to 
prevent clearly unw 
invasion of personal privacy 
PUBiic COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: LIN 04 264 52866 office: NEBRASKA SERVICE CENTER Date: 2 5 2DOE 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. tj 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 
LIN 04 264 52866 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition. A subsequent motion to 
reopen was granted and the director affirmed his previous decision. The matter is now before the Administrative 
Appeals Office (AAO) on appeal. The decision of the director will be withdrawn and the matter will be remanded 
to him for further consideration. 
The petitioner is a retail jeweler that seeks to employ the beneficiary as a sales manager. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
8 10 I(a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1 101 (a)(l 5)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the duties of a specialty 
occupation. On appeal, counsel does not submit a separate brief or evidence, maintaining that the evidence 
demonstrates that the beneficiary holds a bachelor's degree that is directly related to the proffered position. 
Section 214(i)(2) of the Act, 8 U.S.C. fj 1184(i)(2), states that an alien applying for classification as an H-lB 
nonimmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. 5 214.2(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 
(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. 
The record of proceeding before the AAO contains, in part: (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 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
LIN 04 264 52866 
Page 3 
The petitioner is seeking the beneficiary's services as a sales manager. The petitioner's vice president 
indicated in his September 21, 2004 letter that, due to the specialized nature of the position, a bachelor's 
degree in business administration is required. 
The director found that the beneficiary was not qualified for the proffered position because the beneficiary's 
baccalaureate degree in business administration with a concentration in hospitality management does not 
qualify him for the proffered position. On appeal, counsel states, in part, that the beneficiary's coursework is 
directly related to the proffered sales management position. Counsel states further that the record contains 
evaluations from two experts as supporting documentation that the beneficiary is qualified for the proffered 
position. 
The AAO does not concur with the director's finding that the beneficiary is not qualified for the proffered sales 
manager position. A review of the Advertising, Marketing, Promotions, Public Relations, and Sales Managers 
occupational category in the Handbook, 2006-2007 edition, finds no evidence that a baccalaureate or higher 
degree in a specific specialty, or its equivalent, is normally required for a sales manager job. A wide range of 
educational backgrounds is suitable for entry into a sales manager job including liberal arts, sociology, 
psychology, literature, and journalism. In this case, a company that specializes in evaluating academic 
credentials finds that the beneficiary has the equivalent of a U.S. bachelor's degree in business administration 
with a concentration in hospitality management. The beneficiary is therefore qualified for the proffered 
position. 
The petition may not be approved, however, as it does not appear that the position is a specialty occupation. 
As indicated in the Handbook, a broad range of degrees is acceptable for entry into the occupation. In order 
for a position to be a specialty occupation, the degree requirement must be for a degree in a specific field, not 
a range of fields. It is noted that the Internet address of httr,:~~~v~~~~.bersl~ir~iob~s,~om/public finds a sales 
associate job advertisement for the petitioner, indicating that a high school diploma is preferred. As such, it 
appears that the beneficiary would be primarily supervising nonprofessional workers. Further, although 
information on the petition reflects that the petitioner was established in 1980 and has 500 employees, the 
record contains no evidence that its current sales managers hold a bachelor's degree in a specific specialty. 
Accordingly, the matter will be remanded to the director to make such a determination and to review all 
relevant issues. The director may request any additional evidence he deems necessary. The petitioner may 
also provide additional documentation within a reasonable period to be determined by the director. Upon 
receipt of all evidence and representations, the director will enter a new decision. 
ORDER: The decision of the director is withdrawn. The matter is remanded to him for further action and 
consistent with the above discussion and entry of a new decision, which, if adverse to the 
petitioner, is to be certified to the AAO for review.