sustained H-1B Case: Graphic Design

identifying data deleted to 
prevent clearly unwarranW 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 800 60619 Office: CALIFORNIA SERVICE CENTER Date: &N 2 0 2006 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 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 
WAC 04 800 606 1 9 
Page 2 
DISCUSSION: The service center director denied the nonirnmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petition will be 
approved. 
The petitioner is a magazine publisher. It seeks to employ the beneficiary as a graphic designer. The petitioner 
endeavors to classify the beneficiary as a nonirnmigrant worker in a specialty occupation pursuant to section 
101 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 10 1 (a)(l S)(H)(i)(b). 
The director denied the petition stating that the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief and additional information stating that the offered position qualifies as a specialty 
occupation. 
The first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 101 (a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
8 1 lOl(a)(l5)(H)(i)(b), provides, in part, for the classification of qualified nonirnrnigrant aliens who are 
coming temporarily to the United States to perform services in a specialty occupation. 
Section 214(i)(l) of 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. 4 214.2(h)(4)(ii) as: 
[A]n occupation whlch 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. fj 214.2(h)(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; 
WAC 04 800 606 19 
Page 3 
(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are 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. 
!j 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: (1) 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 
director's denial letter; and (5) the Form I-290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a graphic designer. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Create original art work with visual style, design and layout that is appropriate for a monthly 
magazine focusing on small businesses; 
Draw and print charts, graphs, illustrations, and other artwork using computers; 
Arrange layout based upon available space, knowledge of layout principles and aesthetic 
concepts; 
Enter information into the computer to create layouts for clients; 
Study illustrations and photographs to plan presentation of material, product or service; 
Review final layouts and suggest improvements as needed; 
Confer with clients regarding layout designs, illustrations or rough sketches of material 
according to instructions of clients or supervisor; and 
Interact with clients and vendors to produce pieces that meet their objectives within time and 
budget constraints. 
The petitioner finds the beneficiary qualified to perform the duties of the proffered position by virtue of hs 
foreign education whish has been determined by a credentials evaluation service to be equivalent to a 
bachelor of fine arts degree with a major in advertising from an accredited college or university in the United 
States. 
WAC 04 800 60619 
Page 4 
The AAO routinely consults the U.S. Department of Labor's Occupational Outlook Handbook (Handbook) 
for information about the duties and educational requirements of particular occupations. The duties of the 
proffered position are essentially those performed by graphic designers, not desktop publishers as stated by 
the director. Counsel I, an opinion letter fromrofessor of Graphic Design 
at Auburn University. opined that the duties of the offered position are those of a graphic 
designer, not a desktop publisher, and that a baccalaureate degree in a graphic design-related discipline is the 
standard minimum qualification for employment in the position throughout the industry. This and other 
evidence of record establish the position as a graphic designer. Upon review of the record, the petitioner has 
established that a baccalaureate or higher degree or its equivalent is normally the minimum requirement for 
entry into the offered position. 8 C.F.R. 3 214.2(h)(4)(iii)(A)(I). The Handbook, 2006-07 edition, notes that 
a bachelor's degree is required for most entry-level design positions and that bachelor of fine art degree 
programs in graphic arts are granted at 4-year colleges and universities. The proffered position does, 
therefore, qualify as a specialty occupation. 
The final issue to be determined is whether the beneficiary is qualified to perform the duties of a specialty 
occupation. The director did not determine this issue as the petition was denied on another ground. The 
record establishes that the beneficiary's foreign education is equivalent to a bachelor of fine arts degree, with 
a major in advertising, from an accredited college or university in the United States. The beneficiary is, 
therefore, qualified to perform the duties of the offered position. 8 C.F.R. 5 214.2(h)(4)(iii)(C)(2). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 
1361. The petitioner has sustained that burden and the appeal shall accordingly be sustained. 
ORDER: The appeal is sustained. The petition is approved.