dismissed H-1B Case: Computer Information Systems

identifyitg data deleted to 
prevent clearly unwmted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Massachusetts Ave. NW, Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 132 50068 Office: NEBRASKA SERVICE CENTER Date: AUG 2 9 2006 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 1 10 1 (a)(lS)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All materials have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
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DISCUSSION: The service center director denied the nonimmigrant visa petition. The matter is now on appeal 
before the Administrative Appeals Office (AAO). The appeal will be dismissed. The petition will be denied. 
The petitioner is a provider of fresh and processed foods. It seeks to employ the beneficiary as a CIS 
(computer information system) specialist and to classify her as a nonimmigrant worker in a specialty 
occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 15)(H)(i)(b>. 
The director denied the petition on the ground that the record failed to establish that the proffered position 
qualifies as a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. $ 1184(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. 
As provided in 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: 
(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 evidence (RFE); (3) the petitioner's response to the RFE; (4) the director's decision; and 
(5) Form I-290B and an appeal brief. The AAO reviewed the record in its entirety before issuing its decision. 
The petitioner describes itself as a distributor of fresh food produce and processed food products. The 
petitioner states that it was established in 2002, has eight employees and initial capital of $100,000, and 
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proposes to employ the beneficiary as a computer information system (CIS) specialist for three years at an 
annual salary of $31,200. As a CIS specialist, the petitioner explains, the beneficiary would be responsible 
for designing and implanting a computer information system to maximize the rapid flow and exchange of 
information, to speed up the decision-making process, and to improve the operational efficiency of the 
business. The duties of the position, and the percentage of time required by each, are listed as follows: 
20% Analyze our existing computer data processing systems to evaluate effectiveness and develop 
new systems to improve workflow as required. 
20% Review computer system capabilities, workflow, and scheduling limitations to determine if 
requested program or program change is possible within existing systems. 
20% Work with management to create a system that will handle all data in the business operations, 
including personnel management, purchases and sales, accounting and tax, inventory and 
shipping, etc. 
15% Study and integrate cliendserver relational database computer system technology into the 
company's information system development environment. 
15% Upgrade system and correct errors to maintain system after implementation, and prepare 
specifications to provide more applications to meet the company's future needs. 
10% Discuss with management to determine training topics and conduct extended research of 
related materials. 
In addition to the above duties, the petitioner stated in its response to the RFE that the beneficiary would 
assist in the setup of the company's network system and in maintaining the network hardware and software, 
as well as implement network security measures as needed. 
The minimum educational requirement for the proffered position, the petitioner declares, is a bachelor of 
science degree in computer science, computer engineering, managementkomputer information systems, or a 
closely related field. The beneficiary is qualified for the position, the petitioner indicates, by virtue of her 
master of science degree in information systems from the University of Colorado, awarded on May 17, 2003, 
which followed a bachelor's degree in economics in 1997 from Jinan University in China. 
In his decision the director found that the duties of the proffered position accorded with the description of a 
computer support specialist in the Department of Labor (D0L)'s Occupational Outlook Handbook 
(Handbook), and quoted an excerpt from the Handbook indicating that such positions do not generally require 
a bachelor's degree in a specific specialty. The director determined that the evidence of record did not 
demonstrate that a degree requirement is the industry standard for the position, that the petitioner normally 
requires a degree for the proffered position, or that the duties of the position are so specialized and complex 
that baccalaureate level knowledge in a specific specialty is required to perform them. The director 
concluded that the petitioner failed to establish that the proffered position qualifies as a specialty occupation 
under any of the criteria enumerated at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
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On appeal counsel asserts that the duties of the proffered position are so specialized and complex that 
knowledge usually associated with a baccalaureate or higher degree is required to perform them, thereby 
qualifying the position as a specialty occupation under the fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). 
The job duties, counsel explains, include creating a computer information system capable of processing all the 
company's business-related data including personnel management, purchases and sales, accounting and tax 
and inventory shipping; the study and integration of clientlserver relational database computer system 
technology into the company's information system development environment; as well as analyzing the data 
processing systems to evaluate their effectiveness and developing new systems to improve workflow. The 
performance of these duties, counsel contends, requires at least baccalaureate level knowledge in a computer- 
related specialty. 
In determining whether a position meets the statutory and regulatory criteria of a specialty occupation, CIS 
routinely consults the DOL Handbook as an authoritative source of information about the duties and 
educational requirements of particular occupations. Factors typically considered are whether the Handbook 
indicates a degree is required by the industry; whether the industry's professional association has made a 
degree a minimum entry requirement; and whether letters or affidavits from firms or individuals in the 
industry attest that such firms "routinely employ and recruit only degreed individuals." See Shanti, Inc. v. 
Reno, 36 F.Supp. 2d 1151, 1165 (D.Minn. 1999) (quoting HiruYBlaker Corp. v. Suva, 712 F.Supp. 1095, 1102 
(S.D.N.Y. 1989)). CIS also analyzes the specific duties and complexity of the position at issue, with the 
Handbook's occupational descriptions as a reference, as well as the petitioner's past hiring practices for the 
position. See Shanti Inc. v. Reno, id., at 1165-66. 
The AAO determines that the duties of the proffered position incorporate elements of a computer support 
specialist (in particular a technical support specialist), as found by the director, but that they also reflect the 
duties of a computer system administrator, an occupational sub-category that is combined with computer 
support specialists in the Handbook's occupational category of "computer support specialists and systems 
administrators." As described in the Handbook, 2006-07 edition, at 113-14: 
Computer support specialists provide technical assistance, support, and advice to customers 
and other users. This occupational group includes technical support specialists and help-desk 
technicians . . . . Support specialists may work either within a company that uses computer 
systems or directly for a computer hardware or software vendor. . . . 
Technical support specialists answer telephone calls from their organizations' computer users 
and may run automatic diagnostics programs to resolve problems. Working on monitors, 
keyboards, printers, and mice, they install, modify, clean, and repair computer hardware and 
software. They also may write training manuals and train computer users in how to use new 
computer hardware and software. In addition, technical support specialists oversee the daily 
performance of their company's computer systems and evaluate software programs with 
regard to their usefulness. 
Network administrators and computer systems administrators design, install, and support an 
organization's local-area network (LAN), wide-area network (WAN), network segment, 
Internet, or intranet system. They provide day-to-day onsite administrative support for 
software users in a variety of work environments, including professional offices, small 
businesses, government, and large corporations. They maintain network hardware and 
, , 
' LIN 04 132 50068 
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software, analyze problems, and monitor the network to ensure its availability to system 
users. [Aldministrators also may plan, coordinate, and implement network security measures. 
Systems administrators are the information technology employees responsible for the 
efficient use of networks by organizations. They ensure that the design of an organization's 
computer site allows all of the components, including computers, the network, and software, 
to fit together and work properly. Furthermore, they monitor and adjust the performance of 
existing networks and continually survey the current computer site to determine future 
network needs. Administrators also troubleshoot problems reported by users and by 
automated network monitoring systems and make recommendations for enhancements in the 
implementation of future servers and networks. 
In some organizations, computer security specialists may plan, coordinate, and implement the 
organization's information security. 
As for the educational requirements of the occupation, the Handbook states as follows: 
Due to the wide range of skills required, there are many paths to entry to a job as a computer 
support specialist or systems administrator. While there is no universally accepted way to 
prepare for a job as a computer support specialist, many employers prefer to hire persons with 
some formal college education. A bachelor's degree in computer science or information 
systems is a prerequisite for some jobs; however, other jobs may require only a computer- 
related associate's degree. For systems administrators, many employers seek applicants with 
bachelor's degrees, although not necessarily in a computer-related field. 
A number of companies are becoming more flexible about requiring a college degree for 
support positions. However, certification and practical experience demonstrating these skills 
will be essential for applicants without a degree. The completion of a certification training 
program, offered by a variety of vendors and product makers, may help some people to 
qualify for entry-level positions. Relevant computer experience may substitute for formal 
education. 
Id. at 114. As the foregoing information indicates, a baccalaureate or higher degree in a specific specialty is 
not the normal minimum requirement for entry into a computer support specialist or systems administrator 
position. A two-year associate degree, a training certificate, or a baccalaureate degree in a field unrelated to 
computers, could be a suitable educational background for a given position. Some companies may accept 
relevant experience in lieu of any educational degree. Accordingly the proffered position does not does not 
meet the first alternative criterion of a specialty occupation at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(l). 
With respect to the second alternative criterion of a specialty occupation, at 8 C.F.R. 3 214.2(h)(4)(iii)(A)(2), 
the record includes nine internet job announcements for a variety of computer system specialist positions. 
Only four of the advertisements specify that a bachelor's degree in a computer-related specialty is required. 
Three advertisements states that a bachelor's degree "or the equivalent" in a computer-related field is 
required, which suggests that comparable work experience would be acceptable, and one advertisement 
specifically states that comparable related experience may be acceptable in lieu of a degree. The final 
advertisement states that a bachelor's degree is required, but does not indicate that it must be in any particular 
' LIN 04 132 50068 
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specialty. Most or all of the advertising companies appear to be considerably larger than the petitioner in 
their scale of operations, and none of the companies is in the same line of business as the petitioner. Thus, the 
internet job announcements do not show that a degree requirement is common to the petitioner's industry in 
parallel positions among similar organizations, as required for the proffered position to qualify as a specialty 
occupation under the first prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
Nor does the evidence of record show that the proffered position is so complex or unique that it can only be 
performed by an individual with a specialty degree. Neither the petitioner's description of the proffered 
position, nor any other documentation in the record, demonstrates that the proffered position is unique, or that 
its complexity exceeds that of a typical computer support specialist and/or system administrator, positions 
which the Handbook indicates do not normally require a specialty degree. Thus, the proffered position does 
not qualify as a specialty occupation under the second prong of 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
With regard to the third alternative criterion of a specialty occupation, at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3), the 
proffered position is newly created and the petitioner has no hiring history for it. Accordingly, the petitioner 
cannot demonstrate that it normally requires a degree in a computer-related specialty or its equivalent for the 
position, as required for it to qualify as a specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(3). 
Finally, the proffered position does not meet the fourth alternative criterion of a specialty occupation, at 
8 C.F.R. 5 214.2(h)(4)(iii)(A)(4), because the record does not establish that the duties of the position are so 
specialized and complex that knowledge usually associated with a baccalaureate or higher degree is required 
to perform them. The job duties, as described by the petitioner, do not appear to be more specialized or 
complex than those of a typical computer support specialist and/or system administrator, which the Handbook 
indicates do not normally require baccalaureate level knowledge in a specific specialty. The record does not 
show that the duties of the proffered position could not be performed by an individual with less than 
baccalaureate level knowledge in a specific specialty. Accordingly, the position does not qualify as a 
specialty occupation under 8 C.F.R. 5 214.2(h)(4)(iii)(A)(4). 
For the reasons discussed above, the proffered position does not meet any of the qualifying criteria of a 
specialty occupation enumerated under 8 C.F.R. 5 214.2(h)(4)(iii)(A). The petitioner has not established that 
the beneficiary will be coming temporarily to the United States to perform services in a specialty occupation, 
as required under section lOl(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 5 1 lOl(a)(lS)(H)(i)(b). 
The petitioner bears the burden of proof in these proceedings. See section 291 of the Act, 8 U.S.C. 5 1361. The 
petitioner has not sustained that burden. Accordingly, the AAO will not disturb the director's decision denying 
the petition. 
ORDER: The appeal is dismissed. The petition is denied.