dismissed H-1B Case: Accounting

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE' SRC 02 246 54785 Office: TEXAS SERVICE CENTER Date: SfP 2 1 2005 
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 10 1 (a)(l S)(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 
SRC 02 246 54785 
Page 2 
DISCUSSION: The director of the service center denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be 'dismissed. The petition will be 
denied. 
The petitioner is a freight forwarding company that seeks to employ the beneficiary as an entry-level 
accountant. The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a 
specialty occupation pursuant to section 1 0 1 (a)( 1 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 3 1 lOl(a)(l5)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the proffered position. On 
appeal, counsel states that the beneficiary qualifies for the proffered position and submits previously 
submitted and additional evidence. 
Section 214(i)(2) of the Act, 8 U.S.C. 3 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the 
specialty through progressively responsible positions relating to the specialty. 
Pursuant to 8 C.F.R. $ 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an alien 
must meet one of the following criteria: 
(I) Hold a United States baccalaureate or higher degree required by the specialty occupation 
from an accredited college or university; 
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher 
degree required by the specialty occupation from an accredited college or university; 
(3) Hold an unrestricted state license, registration or certification which authorizes him or her to 
fully practice the specialty occupation and be immediately engaged in that specialty in the 
state of intended employment; or 
(4) Have education, specialized training, andlor progressively responsible experience that is 
equivalent to completion of a United States baccalaureate or higher degree in the specialty 
occupation, and have recognition of expertise in the specialty through progressively 
responsible positions directly related to the specialty. 
The record of proceeding before the AAO contains, in part: (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) Form I-290B. The AAO reviewed the record in its entirety before issuing its 
decision. 
SRC 02 246 54785 
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The petitioner is seeking the beneficiary's services as an entry-level accountant. The director concluded that 
the petitioner failed to establish that the beneficiary's education, training and/or work experience is equivalent 
to a bachelor's degree in the specialty occupation. 
A review of the record reveals that the petitioner has failed to establish that the beneficiary qualifies to 
perform the proposed position. 
The beneficiary does not hold a U.S. baccalaureate degree in a specific specialty or a foreign degree 
determined to be equivalent to a U.S. baccalaureate degree required by the specialty occupation, the petitioner 
must therefore demonstrate that the beneficiary meets the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a United States 
baccalaureate or higher degree shall be determined by one or more of the following: 
(1) An evaluation from an official who has authority to grant college-level credit for training 
and/or experience in the specialty at an accredited college or university which has a 
program for granting such credit based on an individual's training and/or work 
experience; 
(2) The results of recognized college-level equivalency examinations or special credit 
programs, such as the College Level Examination Program (CLEP), or Program on 
Noncollegiate Sponsored Instruction (PONSI); 
(3) An evaluation of education by a reliable credentials evaluation service which specializes 
in evaluating foreign educational credentials; or 
(4) Evidence of certification ,or registration from a nationally-recognized professional 
association or society for the specialty that is known to grant certification or registration 
to persons in the occupational, specialty who have achieved a certain level of competence 
in the specialty; 
(5) A determination by the Service that the equivalent of the degree required by the 
specialty occupation has been acquired through a combination of education, specialized 
training, and/or work experience in areas related to the specialty and that the alien has 
achieved recognition of expertise in the specialty occupation as a result of such training 
and experience. 
The record contains two educational evaluations, one fromand the other from 
Dr. - of New York University NU). Both evaluations are based on the same evidence 
describing the beneficiary's prior employment: - states that the beneficiary's 
work experience is equivalent to a U.S. bachelor's degree in business administration with a major in 
accounting awarded by a regionally accredited university in the United States. Dr. tates that 
the beneficiary has, based on his work experience, attained the equivalent of a bachelor of arts degree in 
accounting from an accredited institution of higher education in the United States. 
SRC 02 246 54785 
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The evaluations do not satisfy the regulation under 8 C.F.R. $5 214.2(11)(4)(iii)(D)(I), which states that the 
evaluation must be from an official who has authority to grant college-level credit for training and/or 
experience in the specialty at an accredited college or university which has a program for granting such credit 
based on an individual's training and/or work experience. The record contains a November 15, 2000 letter - 
from a dean with Florida International University (FIU) certifying that Dr. the evaluator 
with is a professor at FIU. The dean states that I Dr. s is authorized to 
grant college-level credit for training and/or experience in the field of business administration in certain cases; 
and that the College of Business Administration at FIU has an executive MBA program and other programs 
that require evaluation of work experience before admission is granted to a candidate. A May 2 1, 2002 letter 
from the assistant general counsel with FIU states that the College of Business Administration allows the 
practice of granting credit based on work experience; that Dr. has advisory authority to grant 
college-level credit to students based on their work experience; and that "[tlhis advisory authority is limited 
solelv to certain courses within the College of Business Administration." No evidence in the record identifies - 
those "certain courses," however. Thus, no evidence shows that the "certain courses" that Dr. has 
authority to grant college-level credit for training and/or experience in encompasses courses in accounting and 
course work that is relevant to the beneficiary's work experience. For this reason, Drvaluation 
carries little weight in establishing that the beneficiary qualifies for the proposed position. The AAO notes 
that in order to meet the criterion at 8 C.F.R. 5 214,2(h)(4)(iii)(D)(l), the evaluation should be submitted on 
, universitv letterhead to show that the evaluator is s~eakitln on behalf of the universitv. Because Dr. " 
valuation was done on behalf of an educational evaluation service, it does mdet the criterion at 
8 C.F.R. 5 2 14.2(h)(4)(iii)(D)(l). 
In the NYU evaluation, Dr.s that he has authority to evaluate foreign educational credits, 
experience, training, andfor courses taken at other U.S. or international universities, and to determine whether 
credit will be awarded to a student by NYU. However, no independent evidence corroborates that Dr. 
is an official who has authority to grant college-level credit for training and/or experience in the 
specialty at an accredited college or university, or confirms that NYU has a program for granting such credit 
based on an individual's training and/or work experience. Going on record without supporting documentary . . 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 
22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Comm. 1972)). Dr. evaluation also carries little weight in establishing the beneficiary's 
qualifications for the proposed position. 
Under the regulation at 8 C.F.R. $ 214.2(h)(4)(iii)(D)(3), an educational evaluation from a credentials 
evaluation service which specializes in evaluating foreign educational credentials, such as - 
can be used to equate the beneficiary's credentials to a U.S. baccalaureate degree. In an 
evaluation, the evaluator can consider foreign educational credentials. but the evaluator cannot consider work - -. 
experience. Because the evaluation from . is based on work experience, it carries 
little weight in establishing that the beneficiary qualifies for the proposed position. 
SRC 02 246 54785 
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On appeal, counsel states that the director did not consider the educational evaluation from Morningside 
Evaluations and Consulting. The AAO notes that the record does not contain an educational evaluation from 
Morningside Evaluations and Consulting. 
No evidence satisfies the criteria under 8 C.F.R. $5 214.2(h)(4)(iii)(D)(Z), or (4). 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5), three years of 
specialized training andlor work experience must be demonstrated for each year of college-level training the alien 
lacks. It must be clearly demonstrated that the alien's training andfor work experience included the theoretical 
and practical application of specialized knowledge required by the specialty occupation; that the alien's 
experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent 
in the specialty occupation; and that the alien has recognition of expertise in the specialty evidenced by at least 
one type of documentation such as: 
(i) Recognition of expertise in the specialty occupation by at least two recognized 
1 authorities in the same specialty occupation ; 
(ii) Membership in a recognized foreign or United States association or society in 
the specialty occupation; 
(iii) Published material by or about the alien in professional publications, trade 
journals, books, or major newspapers; 
(iv) Licensure or registration to practice the specialty occupation in a foreign 
country; or 
(v) Achievements which a recognized authority has determined to be significant 
contributions to the field of the specialty occupation. 
The beneficiary's work experience must include the theoretical and practical application of specialized 
knowledge reauired bv the s~ecialtv occu~ation. which in this case is accounting. The beneficiarv's work 
that in 1988 the beneficiary was employed as a bookkeeper, and in 1990 was promoted to assistant 
accountant. As an assistant accountant the beneficiary assisted the accountant in all financial matters: he was 
responsible for preparing financial reports, and supervising the bookkeeper. In 1994 the beneficiary was 
promoted to an accountant, a position involving compiling and analyzing financial information; preparing 
Recognized authority means a person or organization with expertise in a particular field, special skills or knowledge in 
that field, and the expertise to render the type of opinion requested. A recognized authority's opinion must state: (1) the 
writer's qualifications as an expert; (2) the writer's experience giving such opinions, citing specific instances where past 
opinions have been accepted as authoritative and by whom; (3) how the conclusions were reached; and (4) the basis for 
the conclusions supported by copies or citations of any research material used. 8 C.F.R. 5 214.2(h)(4)(ii). 
SRC 02 246 54785 
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entries to accounts; documenting business transactions; analyzing financial information detailing assets, 
liabilities, and capital; preparing balance sheets, profit and loss statements, and other reports; summarizing the 
company's current and projected financial position; auditing contracts, orders and vouchers; and preparing 
reports to substantiate individual transactions prior to settlement. The letter indicates that the beneficiary's 
duties required knowledge and application of accounting principles? and establishes that the beneficiary's 
duties involved the theoretical and practical application of specialized knowledge in accounting. 
The regulation at 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5) states that the alien's experience must have been gained while 
working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation, 
and the alien must have recognition of expertise in the specialty by at least two recognized authorities in the 
same specialty occupation. The beneficiary's experience as an assistant accountant was gained while working 
with accountant.   he beneficiary has recognitLon of expertise in the specialty (accounting) by Dr. 
who is a recognized authority in the field of business. Although Dr. is an assistant professor of 
accounting at the University of Wisconsin, no evidence indicates that he is a recognized authority in accounting 
or business. Thus, the evidence fails to show that the beneficiary has sufficient recognition of expertise in the 
specialty - accounting. 
As related in the discussion above, the petitioner has failed to establish that the beneficiary is qualified to 
perform the duties of the proffered position. Accordingly, the AAO shall not disturb the director's denial of 
the petition. 
Beyond the decision of the director, the proposed position does not qualify as. a specialty occupation, as it 
differs from an accountant. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.