This appeal was not successful at this stage
The AAO dismissed the combined motion to reopen and reconsider, finding the petitioner presented no new facts establishing the proffered public relations specialist position qualifies as a specialty occupation, and no legal error in the prior decision.
A private school petitioned to employ a public relations specialist under the H-1B nonimmigrant classification. After the California Service Center denied the petition and the AAO dismissed the initial appeal, the petitioner filed a combined motion to reopen and reconsider. The AAO dismissed both motions, finding that newly submitted evidence — including a manager's letter and a public relations plan — failed to demonstrate that the position requires a bachelor's degree in a specific specialty as mandated under the specialty occupation regulations. The duties described, such as greeting visitors, managing social media, and implementing a music system, did not show a need for a specialty-degreed individual. The petitioner's reliance on an unpublished 2008 AAO decision was also rejected as non-binding and factually unsupported.
What failed: The petitioner's evidence — including a manager's letter, a public relations plan, nine letters from other schools, and a brochure — all failed to show that the public relations specialist role required a degree in a specific specialty. The described duties were too generalized and included tasks (greeting visitors, music system setup) that do not indicate need for specialized education. Letters from comparable schools were nearly identical, lacked evidence of organizational similarity, and only implied a general bachelor's degree rather than a degree in a specific specialty.
Takeaway: For H-1B petitions in public relations or similar fields, petitioners must provide concrete, position-specific evidence that a degree in a particular specialty (not just any bachelor's degree) is a normal minimum requirement — relying on generic industry letters or broadly described duties will not suffice. Unpublished AAO decisions carry no precedential weight and cannot substitute for direct evidence.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The petitioner's evidence — including a manager's letter, a public relations plan, nine letters from other schools, and a brochure — all failed to show that the public relations specialist role required a degree in a specific specialty
- The described duties were too generalized and included tasks (greeting visitors, music system setup) that do not indicate need for specialized education
- Letters from comparable schools were nearly identical, lacked evidence of organizational similarity, and only implied a general bachelor's degree rather than a degree in a specific specialty.
Business Manager letter describing the competitive private school market and need for a public relations specialist — did not establish specialty occupation requirements
Public Relations Plan for 2018-2019 — listed duties (greeting visitors, social media management, music system installation) that did not demonstrate need for a specialty-degreed individual
Petitioner's school brochure — provided no additional insight into specialty occupation qualifications
Nine letters from other private schools — virtually identical content, no evidence of similarity to petitioner, and failed to specify a degree in a specific specialty as a requirement
Unpublished 2008 AAO decision regarding a surf shop public relations specialist — not binding and no evidence of analogous facts
Completed
I-129 filed
Public relations specialist responsible for marketing, branding, and publicity for a private school
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2020-03-04
AAO decision — Dismissed
The AAO dismissed the combined motion to reopen and reconsider, finding the petitioner presented no new facts establishing the proffered public relations specialist position qualifies as a specialty occupation, and no legal error in the prior decision.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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