sustained H-1B Case: Journalism

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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. 5 1 101 (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, Director 
Administrative Appeals Office 
LIN 04 200 50927 
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 appeal will be sustained. 
The petitioner is a newspaper publisher that seeks to employ the beneficiary as an editor. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
8 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On a 
submits a brief and additional evidence including: a letter from the president and owner of 
 Hh 
Chicago Division; a copy of the job description for the proffered position; an organizational chart; and 
a list of employees. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 1 184(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. tj 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. 
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) 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) Fort11 I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
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The petitioner is seeking the beneficiary's services as an editor. Evidence of the beneficiary's duties includes: 
the 1-129 petition; the petitioner's June 16, 2004 letter in support of the petition; and the petitioner's response 
to the director's request for evidence. According to this evidence, the beneficiary would perform duties that 
entail: editing articles, writing news, planning journals and magazines, and translating in Korean and English. 
The petitioner indicated that a qualified candidate for the job would possess a bachelor's degree in journalism. 
The director found that the proffered position was not a specialty occupation because the majority of the 
beneficiary's duties are not normally associated with the minimum entry requirement of a baccalaureate or 
higher degree in a specific specialty. Citing to the Department of Labor's Occupational Outlook Handbook 
(Handbook), 2000-2001 edition, the director noted that the minimum requirement for entry into the position 
was not a baccalaureate degree or its equivalent in a specific specialty. The director found further that the 
petitioner failed to establish any of the criteria found at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
On appeal, counsel st 
 the proffered position is that of an e 
 titioner, which is the 
Denver subdivision o 
 Chicago. Counsel states further that 
 is an ethnic Korean 
daily newspaper whose Chicago division has 14 editors and reporters, all of whom hold a bachelor's degree in 
journalism, or an equivalent thereof, and four of whom hold H-1B visas. Counsel also states that the proposed 
duties, which entail writing articles and reviewing, rewriting, and editing the work of other reporters, can be 
performed only by an individual with the required degree. 
The AAO disagrees with the director's finding that the proffered position is not a specialty occupation. In this 
case, the proffered posit 
 n editor for the petitioning entity, which is one of 32 divisions of the 
daily Korean newspaper 
 . A review of the Handbook, 2006-2007 edition, finds that a college 
degree is generally required for a writer or editor, and most employers prefer to hire individuals with a degree 
in communications, journalism, or English. 
It is noted that not all editor positions may be considered specialty occupations. Each position must be 
evaluated based upon the nature and complexity of the actual duties. In this instance, the duties are of such 
complexity as to require a baccalaureate degree in a specialized and related area. As such, the petitioner has 
overcome the director's objections. The beneficiary in this case holds a foreign master's degree in journalism, 
which has been determined to be the U.S. equivalent of a master's degree in journalism. In view of the 
foregoing, it is concluded that the petitioner has demonstrated that the proffered position is a specialty 
occupation within the meaning of the regulations and that the beneficiary is qualified to perform the duties of 
the specialty occupation. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 
1361. The petitioner has sustained that burden. Accordingly, the appeal will be sustained and the petition will 
be approved. 
ORDER: 
 The appeal is sustained. The director's order is withdrawn and the petition is approved.