dismissed H-1B Case: Computer Science

pUBWc COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Wash~ngton, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: 
IN RE: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section I0 1 (a)(l5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 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 documents have been returned to 
the office that originally decided your case. Any further inquily must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 04 178 50703 
Page 2 
DISCUSSION: The director of the service center denied the nonirnmigrant 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 computer software development and consultancy firm that seeks to employ the beneficiary 
as a systems analyst. The petitioner, therefore, endeavors to classify the beneficiary 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 lOl(a)(lS)(H)(i)(b). 
The director denied the petition finding that the beneficiary is not qualified for the proffered position. On 
appeal, counsel submits additional evidence. 
Section 214(i)(l) of the Act, 8 U.S.C. fj 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. 
Section 214(i)(2) of the Act, 8 U.S.C. fj 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 have completed 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. fj 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. 
EAC 04 178 50703 
Page 3 
The record of proceeding before the MO contains, in part: (1) the Form 1-129 and supporting 
documentation; (2) the director's denial letter; and (3) the Form I-290B and additional evidence. The MO 
reviewed the record in its entirety before issuing its decision. 
The director found the submitted educational evaluation and evidence regarding the beneficiary's work 
experience and training unpersuasive in establishing that the beneficiary is qualified for the proposed position, 
a systems analyst. 
On appeal, the petitioner states that the beneficiary is qualified for the proposed position, which the petitioner 
asserts is analogous to a software engineer as described in the Department of Labor's Occupational Outlook 
Handbook (the Handbook). According to the petitioner, the Handbook indicates that a degree in computer 
science, software engineering, or computer information systems is appropriate for this occupation. The 
petitioner states that the educational evaluation was based on the beneficiary's bachelor's degree, employment 
letters, and resume; and that the employment letters should be considered collectively with the resume. The 
petitioner states that Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972), indicates 
that the petitioner's statements and the facts in a petition should be properly considered, and rejected only if 
contradicted by evidence in the record. The petitioner states that the beneficiary's prior positions were 
computer-related and progressively more responsible over the course of eleven years. The petitioner asserts 
that the director should have issued a request for additional evidence based on the May 4,2004 memorandum 
entitled "Requests for Evidence (RFE)" by Mr. William R. Yates, Associate Director, Operations, before 
adjudicating the petition. 
Upon review of the record, the petitioner has failed to establish that the beneficiary is qualified to perform the 
proffered position. 
In determining the qualifications for occupations, the AAO routinely consults the Handbook. The Handbook 
conveys that a bachelor's degree in computer science, information science, or management information 
systems (MIS) is appropriate for a systems analyst; and that a bachelor's degree in computer science or 
software engineering is suitable for a computer software engineer. Based on the Handbook's information, 
the beneficiary must possess a bachelor's degree in computer science, information science, MIS, or software 
engineering. 
The beneficiary does not hold a U.S. baccalaureate or higher degree. The submitted educational evaluation 
from ~rrornin~side Evaluations and Consulting, indicated that the beneficiary: 
[Slatisfied requirements substantially similar to those required toward the completion of 
academic studies from an accredited institution of higher education in the United States. 
Because the beneficiary's academic studies are not the equivalent of a bachelor's degree in computer science, 
information science, MIS, or software engineering, the petitioner must demonstrate that the beneficiary meets 
the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(C)(4). 
EAC 04 178 50703 
Page 4 
Pursuant to 8 C.F.R. tj 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a U.S. bachelor's degree 
in computer science or a related field 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 andlor 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 submitted evaluation does not establish the criterion at 8 C.F.R. $ 214.2(h)(4)(iii)(D)(I) as the record 
does not contain evidence from an accredited university substantiating that Dr. Jelen 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 which has a program for granting such credit based on an individual's training and/or work 
experience. 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. 791 
(Comm. 1988). 
The submitted evaluation fails to establish the beneficiary's qualifications pursuant to the criterion at 
8 C.F.R. $ 214.2(h)(4)(iii)(D)(3). Under this criterion, a credentials evaluation service evaluates foreign 
educational credentials in order to determine equivalency to a U.S. bachelor's or higher degree. With the case 
Z~in~R 
ases his evaluation on the beneficiary's academic studies as well as his work experience and 
e extent that the evaluation includes work experience and training, it is not persuasive in 
establishing the beneficiary's qualifications pursuant to 8 C.F.R. 3 2 14.2(h)(4)(iii)(D)(3). 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. tj 214.2(h)(4)(iii)(D)(5), three years of 
specialized training and/or work experience must be demonstrated for each year of college-level training the alien 
EAC 04 178 50703 
Page 5 
lacks. It must be clearly demonstrated that the alien's training andlor 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: 
(9 
 Recognition of expertise in the specialty occupation by at least two recognized authorities 
1 
in the same specialty occupation ; 
(i i) 
 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 
6) 
 Achievements which a recognized authority has determined to be significant contributions 
to the field of the specialty occupation. 
The record contains the beneficiary's resume, transcripts, bachelor of commerce degree (cost accounting), 
employment letters, and certificates relating to training and membership in the Institute of Chartered 
Accountants of India. Although the training certificate pertains to certification as an application consultant 
6' 
accounting," it does not list the coursework completed or its length. Considered collectively, the evidence 
associated with the beneficiary's academic studies and training are insufficient to establish equivalency to a 
bachelor's degree in computer science, information science, MIS, or software engineering. 
The AAO now turns to consider the beneficiary's prior work experience and whether it included the 
theoretical and practical application of specialized knowledge required by the specialty, which is a computer- 
related degree. The letter fro-(~anada) indicates that the beneficiary was employed there 
from March 28, 1991 to June 24, 2002 in various positions, and was a general manager at the time of leaving. 
As a general manager, the beneficiary was charged with "loolang after Operations and Information and 
Finance areas." The AAO finds that the employer does not describe the beneficiary's duties in his other 
positions with the company, explain what "loolung after Operations and Information and Finance areas" 
entailed, or indicate the period of time the beneficiary spent as a general manager. The letter from 
1. states that the beneficiary worked there from July 2 1, 1986 to Septem h er 7, 
1 
 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. tj 214.2(h)(4)(ii). 
EAC 04 178 50703 
Page 6 
1987 as an accountant. The letter from A.F. Ferguson & Co. relays the beneficiary's employment dates, 
which are from November 1989 to February 1991; it does not describe the beneficiary's title or job duties. 
Considered collectively, the letters do not convey that the beneficiary's work experience included the 
theoretical and practical application of specialized knowledge in a field such as computer science. 
The AAO notes that none of the letters demonstrate that the beneficiary's work experience was gained while 
working with peers, supervisors, or subordinates who have a degree or its equivalent in the specific specialty, 
which is a bachelor's degree in a field such as computer science. In addition, no evidence in the record shows 
that the beneficiary has recognition of expertise. Dr. Jelen did not submit a resume of his qualifications; thus, 
no evidence establishes him as a "recognized authority" in the computer field. 
The submitted evidence is insufficient to establish that the beneficiary holds the educational equivalent of a 
bachelor's degree in computer science or a related field, which the Handbook indicates is required for the 
proposed position. 
The petitioner indicates that the beneficiary was previously accepted by CIS as qualified to perform the 
services of a specialty occupation. Each nonimmigrant petition is a separate proceeding with a separate 
record. See 8 C.F.R. fj 103.8(d). In making a determination of statutory eligibility, CIS is limited to the 
information contained in the record of proceeding. See 8 C.F.R. fj 103.2(b)(l6)(ii). 
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. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. fj 1361. 
The petitioner has not sustained that burden. 
ORDER: 
 The appeal is dismissed. The petition is denied.