sustained H-1B Case: Industrial Engineering

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PUBUCCOPy:
U.S. Department of Homeland Security
20 Mass. Ave. N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
FILE: WAC 04 203 51587 Office: CALIFORNIA SERVICE CENTER Date: JUN 26 2006
IN RE: Petitioner: t
Beneficiary'
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(HXi)(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
www.uscis.gov
WAC 04 20351587
Page 2
DISCUSSION: The director denied the nonimmigrant 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 manufacturer of framed art that seeks to employ the beneficiary as an entry-level
operations and systems analyst. The petitioner, therefore , endeavors to classify the beneficiary as a
nonimmigrant worker in a specialty occupation pursuant to section IOI(a)(l5)(H)(i)(b) of the Immigration
and Nationality Act (the Act), 8 U.S .C. § 11OI(a)(l5)(H)(i)(b).
The director denied the petition on the basis of his determination that the petitioner had failed to establish that
the proposed position qualifies for classification as a specialty occupation under the criteria set forth at
8 C.F.R. § 214.2(hX4Xiii)(A).
The record of proceeding before the AAO contains (1) the Form 1-129 and supporting documentation; (2) the
director's request for evidence (RFE); (3) the petitioner 's RFE response and supporting documentation;
(4) the director's denial letter; and (5) the Form 1-290B and supporting documentation. The AAO reviewed
the record in its entirety before issuing its decision .
Section 214(iXI) of the Immigration and Nationality Act (the Act), 8 U.S .C. § 1I84(iXI) , 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. § 214.2(hX4)(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 . § 214.2(hX4XiiiXA), to qualify as a specialty occupation , the position must meet one of
the following criteria:
(J) 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
WAC 04 203 51587
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
baccalaureateor higher degree.
Citizenship and Immigration Services (CIS) interprets the term "degree" in the criteria at
8 C.F.R. § 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 14, 2004 letter of support, the petitioner stated that the duties of the proposed position would
include analyzing the best use of facilities, equipment, and working staff so as to achieve the most cost
efficient and productive way to make, process, store, and transport the petitioner's art frames; ensuring the
most effective warehouse layout and design; analyzing and studying inventory control procedures, taking into
account the present level of inventory and incoming stocks, handling and storage of incoming materials,
correct inventory size, and efficient packaging and transportation of frames to customers; studying materials
flow and projects information; formulating operational methods; coordinating quality control objectives;
maximizing product reliability; minimizing costs ; and studying, analyzing, and seeking to adapt work
conditions to suit the workforce so as to maximize its efficiency and productivity . The petitioner offered
further details on these duties in its RFE response and appellate brief.
The director denied the petition, finding that the petitioner had satisfied none of the four 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
classificationas a specialty occupation. In ruling that the proposed position was not a specialty occupation,
the director found that the duties of the proposed position were essentially those of a general and
operations manager.
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
Department of Labor's Occupational Outlook Handbook (the Handbook) for its information about the
duties and educational requirements of particular occupations.
On appeal, counsel contends that the proposed position qualifies as a specialty occupation. Counsel
contends that the proposed position is similar to an industrial engineer as that position is described in the
Handbook , and that the petitioner requires an individual with a degree in industrial engineering. Counsel
also offers additional information regarding the petitioner and the proposed position, as well as letters
from principals at two of the elementary schools in which the beneficiary will spend time.
The 2006-2007 edition of the Handbook offers the following information regarding the duties and
responsibilities of industrial engineers:
Industrial engineers determine the most effective ways to use the basic factors of
production-people , machines, materials, information, and energy-to make a product or
to provide a service. They are mostly concerned with increasing productivity through the
management of people, methods of business organization , and technology . To solve
WAC 04 20351587
Page 4
organizational , production, and related problems efficiently, industrial engineers carefully
study the product requirements, use mathematical methods to meet those requirements ,
and design manufacturing and information systems. They develop management control
systems to aid in financial planning and cost analysis, and design production planning
and control systems to coordinate activities and ensure product quality . They also design
or improve systems for the physical distribution of goods and services , as well as
determine the most efficient plant locations . Industrial engineers develop wage and salary
administration systems and job evaluation programs. Many industrial engineers move
into management positions because the work is closely related to the work of managers.
The AAO disagrees with the director's assessment that the proposed position resembles that of a general and
operations manager. The totality of the evidence in this proceeding, including detailed information and
documentation regarding the proposed duties, the petitioner's business operations, and the petitioner's
organizational structure, establishes that the duties of the proposed position are substantially similar to
those of an industrial engineer as described in the Handbook. According to the Handbook, such a
position requires a bachelor 's degree in industrial engineering. Therefore, the proposed position qualifies
as a specialty occupation under 8 C .F.R. § 214.2(h)(4)(iiiXAXl) .
According to an evaluation contained in the record , the beneficiary possesses the equivalent of a
bachelor's degree in industrial engineering. Therefore , he is qualified to perform the duties of this
specialty occupation.
The petitioner has established that the proposed position qualifies as a specialty occupation and that the
beneficiary is qualified to perform the duties of a specialty occupation. Accordingly , the appeal will be
sustained and the petition approved.
The burden of proof in these proceedings rests solely with the petitioner . Section 291 of the Act,
S U.S.C. § 1361. The petitioner has sustained that burden.
ORDER: The appeal is sustained. The petition is approved.