- 4 - position of vice president of marketing at an annual salary of $117,500. Petitioner accepted the offer on April 11, 2003. Petitioner’s 2002 Form 1040NR, U.S. Nonresident Alien Income Tax Return,3 was prepared by a tax return preparer on April 28, 2003. Petitioner signed her return on May 6, 2003, and stated her occupation in the United States as “Management”. On Schedule A, Itemized Deductions, petitioner claimed the fees and tuition expenses she paid in 2002 for the M.B.A. program as unreimbursed employee expenses.4 In 2003 petitioner graduated from HBS with an M.B.A. and began working as vice president of marketing for Refreshment Brands. The record includes a letter prepared by that company in support of its petition for an H-1B Visa for petitioner.5 Under the heading “Specialty Occupation”, that letter stated: Ms. Foster will be employed in the specialty occupation of Vice President of Marketing. In this position, she will be responsible for Brand management, including a marketing plan, interfacing with advertisement agencies, developing and implementing budgets, developing POP materials, 3 Petitioner was a citizen of New Zealand in 2002. 4 Petitioner listed $2,950 in fees and $30,050 in tuition, for a total of $33,000 of unreimbursed employee expenses. After reduction by 2 percent of her adjusted gross income ($292), petitioner deducted $32,708 on line 15 of Schedule A, Itemized Deductions. 5 An H-1B petition is filed by an employer with the Department of Homeland Security to seek permission for an alien specialty worker to begin or continue working in the United States. The specialty worker is expected to possess professional education, skills, and/or equivalent experience.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008