sustained H-1B Case: Mechanical Engineering

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u.s.Department of Homeland Security
20 Mass. Ave., N.W., Rm. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
FILE: WAC 05 218 50244 Office: CALIFORNIA SERVICE CENTER Date: JUN 20 lOOl
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(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.
;::!:z,J~/.~
~ RobertP. Wiemann,'Ch;p'
Administrative Appeals Office
www.uscis.gov
WAC 0521850244
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 petition will be
approved. ;
The petitioner is a manufacturer of plastic bottles that seeks to employ the beneficiary as a production manager.
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant
to section 10I(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act) , 8 U.S.C. § 1101(a)(l5)(H)(i)(b).
The director denied the petition because the proffered position does not qualify as a specialty occupation. On
appeal the petitioner submits a brief indicating that the offered position is 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)(15)(H)(i)(b) of the Act , 8 U.S.C. § 1101(a)(l5)(H)(i)(b), provides, in part, for the
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform
services in a specialty occupation.
Section 214(i)(1) of the Act, 8 U .S.C. § 1184(i)(1), 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(h)(4)(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(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;
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(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.
§ 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 1-290B with counsel's brief. The AAO reviewed the record in its
entirety before issuing its decision.
The petitioner is seeking the beneficiary's services as a production manager. 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:
• Draft new bottle designs per customer request using computer-assisted design software;
• Draft pre-mold adapter designs using computer-assisted design software for use in adapting existing
pre-form molds for production of new bottle designs - as part of the design process, new prototype
bottles are examined and tested for conformance to engineering requirements;
• Monitor all products for conformance to engineering standards for size, density, color and durability
under various conditions of pressure and temperature;
• Examine sample bottles and test them for conformance to engineering requirements on a daily basis;
• Make mechanical and product formula modifications as needed to produce required product
standards;
• Specify mold machine settings of time, pressure and temperature for each type of bottle produced
using knowledge of principles of mechanical engineering to obtain the desired product specifications;
• Plan and coordinate production of 25 or more types of bottles, including reviewing production orders
to make decisions concerning inventory requirements, staffing requirements and work schedules
considering cost and time constraints requiring knowledge of raw materials, production processes,
and costs to maximize profits;
• Develop and implement procedures and schedules for facility and machine maintenance, including
research and selection of replacement machines;
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• Investigate mold machine mechanical, electrical and computer failures to diagnose faulty operation,
and to make recommendations for repairs or alternate equipment design;
• Train and supervise first-Iine production supervisors who oversee the mold machine operation from
loading of plastic material to removal and storage of the finished bottles. The supervisors must be
trained in reading all monitors and gauges which document the molding process and in making
necessary and timely adjustments as needed during the molding process; and
• Hire and evaluate production supervisors and staff.
The petitioner requires a minimum of a bachelor's degree in mechanical engineering for entry into the
proffered position.
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 of a mechanical engineer with additional duties normally performed
by industrial production managers. The Handbook notes that mechanical engineers research, develop, design,
manufacture, and test tools, engines, machines, and other mechanical devices. They work in many industries
and may specialize in energy systems, applied mechanics, automotive design, manufacturing, materials, plant
engineering and maintenance, pressure vessels and piping, heating, refrigeration, and air-conditioning
systems. They may work in production operations in manufacturing or agriculture, maintenance, or technical
sales, and many are administrators or managers. In this instance the beneficiary will be responsible for all
mechanical engineering issues involved in a production facility. The duties to be performed are complex and
include duties that would normally be performed by an engineer. The Handbook states that a bachelor's
degree is required for almost all entry-level engineering positions. The proffered position is, therefore, a
specialty occupation as it meets the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A)(l).
The director did not comment on the beneficiary's qualifications to perform the duties of the proffered position as
the petition was denied on another ground. The record is sufficient, however, for the AAO to make that
determination. The beneficiary's foreign education has been determined by a credentials evaluation service to be
equivalent to a bachelor's degree in mechanical engineering from an accredited institution of higher learning in
the United States. As such, the beneficiary is qualified to perform the duties of the offered position as he satisfies
the criterion at 8 C.F.R. § 214.2(h)(4)(iii)(C)(2).
As always, 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 petition shall accordingly be sustained.
ORDER: The decision of the director is withdrawn and the appeal is sustained. The petition is approved.