dismissed H-1B Case: Computer Science

U.S. Department of Homeland Security 
20 Mass Ave.. N.W.. Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 247 52324 Office: NEBRASKA SERVICE CENTER Date: JUN 0 6 loQ6 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 1 Ol(a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. tj 1 lOl(a)(lS)(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. 
'i - 
 * I> 
b i 
* -L 
- 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 04 247 52324 
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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 manufactures, assembles, and sells fire fighting and law enforcement equipment. It seeks to 
employ the beneficiary as a computer systems engineer. The petitioner, therefore, endeavors to classify the 
beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 101 (a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief and additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. 5 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. 
Pursuant to 8 C.F.R. 5 214.2(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. 5 214.2(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 
LIN 04 247 52324 
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director's denial letter; and (5) the Form I-290B, the brief, and supporting evidence. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a computer systems engineer. 
 Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-1 29; the petitioner's 
support letter; and the petitioner's response to the director's request for evidence. According to the undated 
letter that accompanied the petition, the beneficiary will administer and manage the enterprise resource 
planning information (ERP) system (such as analyzing, maintaining, and configuring it to meet the needs of 
the petitioner and its clients); develop and implement modifications to the ERP system based on an analysis 
of the system's needs; maintain desktop workstations, file servers, switches, routers, printers, monitors, 
power supplies, and hardware and software relating to the computer system and network; analyze the 
computer system and network requirements for security; analyze and recommend software and hardware to 
purchase; respond to client and employee problems; analyze and repair information technology including data 
recovery on the file servers that the beneficiary will maintain and software or virus-impacted damage; and 
train employees and clients on the operating system and software. The petitioner submitted a detailed job 
description that categorized the beneficiary's duties into six areas: backups; hardware; software; ERP system; 
e-mail system, virtual private network (VPN), Internet; and active directory. The petitioner asserts that the 
proposed position requires at least a bachelor's degree in computer science. 
In denying the petition, the director stated that the Department of Labor's Occupational Outlook Handbook 
(the Handbook) reveals that the proposed duties are comprised of those of computer support specialists and 
systems administrators, and that those occu ations do not require a baccalaureate degree in a specific 
specialty. The director found Mr. evaluation unpersuasive in establishing the offered 
position as a specialty occupation. The director observed that another employee, who holds a master of 
business administration degree, functions as a network administrator/shareholder at the petitioner's Wisconsin 
facility. For the foregoing reasons, the director concluded that the petitioner established none of the criteria at 
8 C.F.R. $ 2 14.2(h)(4)(iii)(A). 
On appeal, counsel states that the beneficiary has autonomous decision-making and his duties are sufficiently 
complex so as to require a bachelor's degree or its equivalent in computer science or a related field. Counsel 
discusses the petitioner's new information systems developments: expansion of the ERP system; the new 
disaster recovery and business continuity plans, Intranet system, security, and electronic order entry (EOE) 
system components. Counsel states that "[nlew evidence of very recent and prospective changes in the 
company's information systems, however, demonstrates that [the beneficiary's] duties are much more 
complex than related in the initial 1-129." Counsel submits an affidavit from the vice-president of finance and 
treasurer; a description of ERP systems from Wikipedia; a letter from Made2Manage, the vendor of the 
petitioner's ERP system; an implementation conversion notice and Made2Manage invoice; a memorandum 
entitled "IT Projects and Goals for 2005"; the petitioner's responses to a solicitation from the Defense Supply 
Center Philadelphia for a contract that the government has not yet awarded; a chart describing the 
beneficiary's university coursework and its application the proposed duties; and a prior AAO decision. 
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Upon review of the record, the petitioner has established none of the four criteria outlined in 
8 C.F.R. 9 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
To establish the criteria at 8 C.F.R. $9 214.2(h)(4)(iii)(A)(I) and (2), the petitioner must show that a 
baccalaureate or higher degree or its equivalent is the normal minimum requirement for entry into the 
particular position; a degree requirement is common to the industry in parallel positions among similar 
organizations; or a particular position is so complex or unique that it can be performed only by an individual 
with a degree. Factors often considered by CIS when determining these criteria include: whether the Handbook, 
a resource that the AAO routinely consults, reports that the industry requires a degree; 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, Znc. v. Reno, 36 F. Supp. 2d 1 15 1, 1 165 (D.Minn. 1999)(quoting HirdIBlaker Corp. v. Sava, 7 12 F. 
Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
In determining whether a position qualifies as a specialty occupation, CIS looks beyond the title of the 
position and determines, from a review of the duties of the position and any supporting evidence, whether the 
position actually requires the theoretical and practical application of a body of highly specialized knowledge, 
and the attainment of a baccalaureate degree in a specific specialty as the minimum for entry into the 
occupation as required by the Act. 
Counsel asserts that the proposed position is that of a specialty occupation. The AAO disagrees. In light of 
the proposed duties and the submitted evidence, the AAO finds that the director correctly concluded that the 
duties of the position offered here are encompassed within the Handbook's classification of network and 
computer systems administrators. The occupations within this classification are describes as follows: 
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. These troubleshooters interpret problems and provide technical support for 
hardware, software, and systems. They answer telephone calls, analyze problems by using 
automated diagnostic programs, and resolve recurring difficulties. Support specialists may 
work either within a company that uses computer systems or directly for a computer 
hardware or software vendor. Increasingly, these specialists work for help-desk or support 
services firms, for which they provide computer support to clients on a contract basis. 
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. 
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Help-desk technicians assist computer users with the inevitable hardware and software 
questions that are not addressed in a product's instruction manual. Help-desk technicians field 
telephone calls and e-mail messages from customers who are seeking guidance on technical 
problems. In responding to these requests for guidance, help-desk technicians must listen 
carefully to the customer, ask questions to diagnose the nature of the problem, and then 
patiently walk the customer through the problem-solving steps. 
Help-desk technicians deal directly with customer issues, and companies value them as a 
source of feedback on their products. These technicians are consulted for information about 
what gives customers the most trouble, as well as other customer concerns. Most computer 
support specialists start out at the help desk. 
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 
software, analyze problems, and monitor the network to ensure its availability to system 
users. These workers gather data to identify customer needs and then use the information to 
identify, interpret, and evaluate system and network requirements. Administrators 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. These workers may be called upon to educate users about 
computer security, install security software, monitor the network for security breaches, 
respond to cyber attacks, and, in some cases, gather data and evidence to be used in 
prosecuting cyber crime. The responsibilities of computer security specialists has increased in 
recent years as there has been a large increase in the number of cyber attacks on data and 
networks. This and other growing specialty occupations reflect an increasing emphasis on 
client-server applications, the expansion of Internet and intranet applications, and the demand 
for more end-user support. 
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As described in the Handbook, network or computer systems administrators design, install, and support an 
organization's LAN, WAN, network segment, Internet, or intranet system; maintain network hardware and 
software; analyze problems; monitor the network to ensure its availability to system users; ensure that the 
design of an organization's computer site allows all of the components, including computers, the network, and 
software fit together and work properly; monitor and adjust performance of existing networks; provide 
network security through the computer security specialist; and troubleshoot problems as reported by users and 
automated network monitoring systems. 
The record reflects that the petitioner categorized the beneficiary's duties into six areas: backups, hardware, 
software, ERP System, e-mail system, VPN, Internet, and active directory. Of these, the categories of 
hardware, software, backups, Internet, e-mail system, active directory, and VPN are encompassed within the 
Handbook's definition of a network and computer systems administrator, and a computer support specialist. 
For example, maintaining desktop workstations, file servers, switches, routers, printers, monitors, power 
supplies, and hardware and software; performing repairs and upgrades to workstations, file servers, and 
printers; preparing workstations and file servers for use; configuring hardware and installing programs; 
preparing printers, switches, routers, and peripheral devices; backing up data on file servers; researching and 
recommending software; setting up users and assisting them on e-mail; assisting remote users in establishing 
VPN connections; assigning permission to files; overseeing the use of anti-virus software; and monitoring 
hard drive space are all within the Handbook's description of network or computer systems administrators. 
The Handbook reports that network and computer systems administrators, which include computer security 
specialists, do not require a baccalaureate degree in a specific specialty. It states "[flor systems 
administrators, many employers seek applicants with bachelor's degrees, although not necessarily in a 
computer-related field." Thus, the proposed position would not require a baccalaureate degree in computer 
science or a related field. 
The AAO notes that the duties relating to the ERP system do not seem to be encompassed within the 
description of network or computer systems administrators. Nevertheless, because the petitioner does not 
specify the period of time the beneficiary will spend performing such duties, and fails to sufficiently elaborate 
on the duties, the AAO is not persuaded that the duties concerning the ERP system would require 
baccalaureate-level knowledge in a specific academic specialty such as computer science. 
On appeal, counsel discusses the petitioner's new information systems developments and states that recent 
and prospective changes in the petitioner's information systems demonstrates that the beneficiary's duties are 
much more complex than related in the initial 1-129. We disagree. The AAO finds that the changes as 
discussed in the submitted affidavit reflect a continuation of the duties previously delineated by the petitioner 
in its detailed job description entitled "Computer Systems Engineer - Melrose Park (CSE)." For example, the 
"more complex duties" include the previously described duties of researching hardware replacement; 
researching and analyzing the petitioner's business needs and recommending changes in policies and 
procedures regarding the ERP system and disaster recovery; the backup of information; and modifying the 
ERP software system. The AAO notes that the petitioner indicates that the contract relating to the Defense 
Supply Center Philadelphia has not been awarded yet; thus, the duties associated with this contract may never 
LIN 04 247 52324 
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be performed by the petitioner's employees. The memorandum entitled "IT Projects and Goals for 2005" 
reflects that the beneficiary, along with other employees, will be involved in creating the Intranet and 
ensuring network security, redoing permission for the current ERP system, drafting a disaster recovery plan, 
upgrading and customizing Made2Manage software; and upgrading the server operating system; and that the 
beneficiary will create an isolated internal network, establish password policies, draft a business continuity 
plan, upgrade the route, monitor the network, and add applications such as Crystal Reports. These duties 
were previously delineated in the petitioner's detailed job description. 
The chart describing the beneficiary's university coursework and its application to the proposed duties does 
not establish that a baccalaureate or higher degree or its equivalent is the normal minimum requirement for 
entry into the proposed position. The chart reflects the applicability of coursework to the proposed duties; 
nevertheless, the Handbook shows that a baccalaureate degree in a specific specialty such as computer science 
is not needed for network and computer systems administrators, which are occupations that resemble the 
proposed position. 
Counsel's reference to a prior AAO non-precedent decision to establish the offered position as a specialty 
occupation is not persuasive. While 8 C.F.R. 5 103.3(c) provides that Immigration and Naturalization Service 
precedent decisions are binding on all Citizenship and Immigration Services (CIS) employees in the 
administration of the Act, unpublished decisions are not similarly binding. Thus, the submitted non-precedent 
decision fails to establish the offered position as a specialty occupation. 
Based on the beneficiary's job description, the Handbook's information, and the evidence in the record, the 
AAO finds that the petitioner has not established that a baccalaureate or higher degree or its equivalent in a 
specific specialty is not the normal minimum requirement for entry into the particular position. 
Consequently, the petitioner fails to establish the offered position as a specialty occupation at 
8 C.F.R. 5 2 14.2(h)(4)(iii)(A)(I). 
To establish the first alternative prong at 8 C.F.R. 5 214.2(h)(4)(iii)(A), the petitioner must show that a 
specific degree requirement is common to the industry in parallel positions among organizations that are 
similar to the petitioner. The petitioner submitted no evidence to establish the first alternative prong of this 
criterion. 
The second alternative prong at 8 C.F.R. 5 214.2(h)(4)(iii)(A) requires the petitioner to show that the 
proffered position is so complex or unique that it can be performed only by an individual with a degree in a 
specific specialty. As discussed in this decision, the evidence in the record indicates that the proposed 
position parallels that of network and computer systems administrators (including computer security 
specialists), which are occupations that do not require a bachelor's degree in a specific specialty. Thus, the 
petitioner fails to establish the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2). 
Similarly, no evidence establishes the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A), which is that the 
petitioner normally requires a degree or its equivalent for the position. 
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The fourth criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A) requires that the petitioner establish that the nature of the 
specific duties is so specialized and complex that the knowledge required to perform such duties is usually 
associated with the attainment of a baccalaureate or higher degree. The evaluation from Mr. - 
dean of the School of Information Technology at American Intercontinental University asserts that 
the offered position requires the knowledge obtained through a U.S. bachelor's degree in computer 
sciencelinformation technology or its equivalent, and that th 
 is properly classified as that of a 
computer systems engineer. The AAO finds, however, that Mr 
 oes not specifically describe how he 
reached his conclusion or the basis for it. Further, no independent evidence in the record supports Mr. 
conclusion about the educational requirements of the proposed position. Simply going on record 
documentary evidence is not sufficient for the purpose of meeting the burden of proof in 
these proceedings. Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg. Comm. 1972)). The AAO notes that the Handbook's information 
undermines Mr. assertion about the educational requirements of the offered position as it discloses 
resembles that of network and systems administrators, which are occupations that 
do not require a baccalaureate degree in a specific specialty. CIS may, in its discretion, use as advisory 
opinions statements submitted as expert testimony. However, where an opinion is not in accord with other 
information or is in any way questionable, CIS is not required to accept or may give less weight to that 
evidence. Matter of Caron International, 19 I&N Dec. 79 1 (Comm. 1988). In light of the evidentiary record, 
the AAO finds ~r.aluation of the proposed position fails to qualify it as a specialty occupation 
requiring a baccalaureate degree in a specific specialty. 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupation. Accordingly, the AAO shall not disturb the director's denial of the petition. 
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 not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.