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 
FILE: WAC 04 132 54448 Office: CALIFORNIA SERVICE CENTER 
IN RE: Petitioner: 
Beneficia 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 10 1 (a)( 1 5)(H)(i)(b) 
This is the decision of the Administrative Appeals Ofice 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 
WAC 04 132 54448 
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DISCUSSION: The service center director 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 provides custom designed and installed home theatre rooms and seeks to employ the beneficiary as 
a database administrator. The petitioner endeavors to classify the beneficiary as a nonimrnigrant 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. 5 1 lOl(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position does not qualify as a specialty occupation. On 
appeal, counsel submits a brief and additional information stating that the offered position qualifies as a specialty 
occupation. 
The issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section lOl(a)(l S)(H)(i)(b) of the Act, 8 U.S.C. § 1 101 (a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform 
services in a specialty occupation. 
Section 214(i)(l) of the Act, 8 U.S.C. 8 11 84(i)(I), 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. 
The term "specialty occupation" is further defined at 8 C.F.R. 9 2 14.2(h)(4)(ii) as: 
[A]n occupation which requires theoretical and practical application of a body of highly 
specialized knowledge in fields of human endeavor including, but not limited to, architecture, 
engineering, mathematics, physical sciences, social sciences, medicine and health, education, 
business specialties, accounting, law, theology, and the arts, and which requires the attainment of 
a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry 
into the occupation in the United States. 
Pursuant to 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; 
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(3) The employer normally requires a degree or its equivalent for the position; or 
(4) The nature of the specific duties are 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. 
8 214.2(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 
director's denial letter; and (5) the Form I-290B with supporting documentation. The AAO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a database administrator. Evidence of the beneficiary's 
duties includes the 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Work with database management systems to determine ways to organize and store data; 
Analyze user requirements, set up computer databases, and test and correct errors to the computer 
system; 
Modify the data base programs to increase the processing and tuning performance; 
Ensure the performance of the computer data bases and understand what the company's platform runs 
on and add new users; 
Design and implement a system security and plan and coordinate security measures through backup 
and data integrity; 
Enter and select codes to identify utility programs to monitor the data base performance such as the 
distribution of records and the amount of available memory; and 
Confer with co-workers and management to determine and inform the data base changes. 
The petitioner requires a minimum of a bachelor's degree in management information systems or computer 
science business administration with a concentration in information systems for entry into the proffered 
position. 
Upon review of the record, the petitioner has failed to establish that the proffered position qualifies as a 
specialty occupation. The AAO routinely consults the Department of Labor's Occupational Outlook 
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Handbook (Handbook) for information about the duties and educational requirements of particular 
occupations. The duties of the proffered position are essentially those of a database administrator. The 
Handbook notes that there is no universally accepted way to prepare for a job as a systems analyst, computer 
scientist, or database administrator, but most employers place a premium on some formal college education. 
While a bachelor's degree is a prerequisite for many jobs, others may require only a two-year degree. Despite 
a preference towards technical degrees, individuals with a degree in a variety of majors find employment as 
database administrators, with the level of education and type of training required depending upon the 
employer's specific needs. Training is offered by universities, as well as community colleges and technical 
institutes. The petitioner has not, therefore, established that a baccalaureate or higher degree in a specific 
specialty, or its equivalent, is normally the minimum requirement for entry into the proffered position. 
8 C.F.R. 9 214.2(h)(4)(iii)(A)(I). Although some employers may require a baccalaureate level education for 
database administrator positions, many are regularly filled with individuals having less than a baccalaureate 
level education, and employees with degrees in a variety of majors find employment in the occupation. 
The petitioner asserts that a degree requirement in a specific specialty is common to the industry in parallel 
positions among similar organizations. In support of this assertion, the petitioner submitted the following 
opinion letters: 
1. Dr. James Hearne, Associate Professor, Computer Science Department, Western Washington 
University - Dr. Hearne states that the position of database administrator, as described by the 
petitioner, constitutes a specialty occupation requiring by industry standard one of the 
computer-related bachelor's degrees. 
2. Dr. Michael H. Tindall, Chair, Computer Science Department, Seattle Pacific University - Dr. 
Tindall states that the duties and responsibilities of the proffered position are typical of professional 
jobs in the computer information systems field and that the position qualifies as a specialty 
occupation. 
In arriving at their opinions, both opinion writers rely upon the job description provided by the petitioner and 
do not indicate that they considered or reviewed any other relevant data or information. The duties of the 
position, as described, are generic in nature and could involve the management of data and information 
systems that are highly complex in nature, thereby justifying a database administrator with a baccalaureate 
level education. The duties, as described, however, could also be performed by individuals with less than a 
baccalaureate level education. The record does not contain sufficient documentation for the writers to 
determine the quantity or nature of the data to be administered by the beneficiary in this instance. As such, 
the opinions submitted are of little evidentiary value and are merely conclusory in nature. Citizenship and 
Immigration Services (CIS) may, in its discretion, use as advisory opinions statements submitted as expert 
testimony. However, where an opinion in 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 petitioner has failed to establish the referenced criterion at 8 C.F.R. 
$ 2 14.2(h)(4)(iii)(A)(Z). 
The petitioner does not allege that it normally requires a degree or its equivalent for the offered position, and 
offers no evidence in this regard. 8 C.F.R. 9 2 14.2(h)(4)(iii)(A)(3). 
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Finally, the duties of the offered position, as described, are not so complex or unique that they can be 
performed only by an individual with a degree in a specific specialty. Nor are they so specialized or complex 
that knowledge required to perform them is usually associated with the attainment of a baccalaureate or 
higher degree in a specific specialty. The duties detailed are general in nature and characteristic of many 
database administrator positions. The record is insufficient to determine whether the generically described 
duties involve unique, sophisticated andlor complex responsibilities. Counsel states on appeal that the data to 
be administered by the beneficiary requires the administration of "a tremendous amount" of information, and 
that the database administrator position would involve managing hundreds of authorized dealers who are 
licensed to sell products by the petitioner. The record, however, does not contain evidence to corroborate this 
assertion. Simply going on the record without supporting documentary evidence is not sufficient for purposes 
of meeting the burden of proof in these proceedings. Matter of Soffi, 22 I&N Dec. 158, 165 (Comm. 1998) 
(citing Matter of Treasure Craft of California, 14 I&N 190 (Reg. Comm. 1972)). The petitioner has failed to 
establish the referenced criteria at 8 C.F.R. $3 214.2(h)(4)(iii)(A)(2) or (4). 
The petitioner also asserts that the Dictionary of Occupational Titles (DOT) SVP rating indicates that the 
offered position qualifies as a specialty occupation The petitioner's assertions regarding the DOT'S SVP 
rating for the offered position do not establish that the offered position is a specialty occupation. An SVP 
rating is meant to indicate only the total number of years of vocational preparation required for a particular 
position. The SVP classification does not describe how those years are to be divided among training, formal 
education, and experience, nor does it specify the particular type of degree, if any, that a position would 
require. 
The petitioner has failed to establish that the offered position meets any of the criteria listed at 8 C.F.R. 
$ 214.2(h)(4)(iii)(A). 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. 
3 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.