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: SRC 03 233 503 15 Office: TEXAS SERVICE CENTER Date: .Ah 4 , 2C@ 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 1 10 l(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 03 233 50315 
Page 2 
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 is a retail convenience store. It seeks to employ the beneficiary as a systems analyst and endeavors 
to classify hm as a nonimmigrant worker in a specialty occupation pursuant to section 101(a)(l5)(H)(i)(b) of the 
Irnmgration and Nationality Act (the Act), 8 U.S.C. fj 1101 (a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position does not qualifl as a specialty occupation, and 
because the beneficiary is not qualified to perform the duties of a specialty occupation. On appeal, the petitioner 
submits a brief and additional information stating that the offered position qualifies as a specialty occupation and 
the beneficiary is qualified to perform the duties of a specialty occupation. 
The first issue to be discussed in this proceeding is whether the proffered position qualifies as a specialty 
occupation. 
Section 10 l(a)(l 5)(H)(i)(b) of the Act, 8 U.S.C. 5 1 lOl(a)(l S)(H)(i)(b), provides, in part, for the 
classification of qualified nonirnmigrant 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. 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. 
The term "specialty occupation" is hrther defined at 8 C.F.R. 5 214.2(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. 5 214.2(h)(4)(iii)(A), to qualifl 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; 
SRC 03 233 503 15 
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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. 
3 214.2@)(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 MO contains: (1) the Form 1-129 and supporting documentation; (2) 
the director's denial letter; and (3) the Form I-290B with supporting documentation. The MO reviewed the 
record in its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a systems analyst. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with supporting documentation and the petitioner's appeal. According to 
this evidence the beneficiary would develop and maintain unique computer systems, and be responsible for 
the analysis, design, implementation and quality control of performance measures and trouble shooting. 
The petitioner does not state that it requires a minimum of a bachelor's degree in any particular educational 
discipline for entry into the proffered position, but finds the beneficiary qualified by virtue of his foreign 
education and work experience which have been determined by a credentials evaluation service to be 
equivalent to a bachelor of business administration degree with an emphasis in finance. 
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 U.S. Department of Labor's Occupational Outlook 
Handbook (Handbook) for information about the duties and educational requirements of particular 
occupations. The Handbook indicates that a systems analyst may be employed with a bachelor's degree or an 
associate's degree. Many of the associate's degree educational institutions are designed to meet the needs of 
local businesses and are more occupation specific than baccalaureate level programs. The duties of the 
proffered position are presented in such vague and generic terms, however, that it is impossible to determine 
precisely what tasks the beneficiary would perform on a daily basis, or the complexity of the tasks to be 
performed. The petitioner states simply that the beneficiary would develop and maintain computer systems. 
Such tasks could involve extremely complex tasks requiring the theoretical and practical application of a body 
of highly sophisticated knowledge. They could also require routine computer set-up and maintenance 
normally performed by a computer support specialist who is not ordinarily required to have a baccalaureate 
level education. It is incumbent upon the petitioner to specifically detail the regular and recurring duties of 
the position so that an analysis can be made of the nature and complexity of the tasks to be performed. This, 
the petitioner has failed to do. As such, it is impossible to determine whether: a baccalaureate or higher 
degree is normally the minimum requirement for entry into the offered position; a degree requirement is 
common to the industry in parallel position among similar organizations; the duties of the offered position are 
so complex or unique that they can be performed by an individual with a degree in a specific specialty; or 
knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or 
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higher degree in a specific specialty. The petitioner has failed to establish that the offered position meets the 
requirements of 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I), (2), or (4). 
The petitioner does not assert that it normally requires a degree in a specific specialty for the offered position 
and offers no evidence in this regard. The petitioner has failed to establish the criterion at 8 C.F.R. 
5 21 4.2(h)(4)(iii)(A)(3). 
The final issue to be considered is whether the petitioner is qualified to perform the &ties of the proffered 
position. It has been determined that the offered position is not a specialty occupation, thus, thae is no regulatory 
requirement that the petitioner possess any specific level of education in order to qualify to perform the duties of 
that position. The petitioner deems the beneficiary qualified to perform the duties of the position based upon his 
past education, training, and experience. That determination is one over which the petitioner has sole authority 
and discretion as the position does not qualify for H-1B status and is not subject to regulation by CIS. It should 
be noted, however, that the credentials evaluation submitted by Spantran Services does not establish that the 
beneficiary has a baccalaureate level education, as credential evaluation services are not permitted by regulation 
to evaluate an individual's past work experience for the purpose of establishing degree equivalency. They may 
only evaluate a beneficiary's foreign education for equivalency purposes. 8 C.F.R. 5 214.2(h)(4)(iii)(D)(3). The 
evaluations submitted by Drof the University of Houston and Dr. Ruth Robbins are also 
insufficient to establish that the beneficiary has the equivalent of a bachelor's degree based on his past education 
and work experience in that the record does not establish that either Dr or Dr the 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. 8 C.F.R. 5 214.2(h)(4)(iii)(D)(I). 
The petitioner states that the beneficiary was previously granted H-1B status by the same employer 
performing the same or similar duties. This reference, however, will not sustain the petitioner's burden of 
establishing H-IB qualification in the petition now before the AAO. This record of proceeding does not 
contain the entire record of proceeding in the petition referred to by counsel. Accordingly, no comparison of 
the positions can be made. Each nonimmigrant petition is a separate proceeding with a separate record. See 8 
C.F.R. 5 103.8(d). In making a determination of statutory eligibility, the AAO is limited to the information 
contained in the record of proceeding. See 8 C.F.R. 5 103.2(b)(16)(ii). It warrants noting that Congress 
intended this visa classification for aliens that are to be employed in an occupation that requires the 
theoretical and practical application of a body of highly specialized knowledge. Congress specifically stated 
that such an occupation would require, as a minimum qualification, a baccalaureate or higher degree in the 
specialty. CIS regularly approves H-1B petitions for qualified aliens who are to be employed as engineers, 
computer scientists, certified public accountants, college professors, and other such professions. These 
occupations all require a baccalaureate degree in the specialty occupation as a minimum for entry into the 
occupation and fairly represent the types of professions that Congress contemplated when it created that visa 
category. In the present matter, the petitioner has offered the beneficiary a position as a systems analyst. For 
the reasons discussed above, the proffered position does not require attainment of a baccalaureate or higher 
degree in a specific specialty as a minimum for entry into the occupation, and approval of a petition for 
another beneficiary based on identical facts would constitute material error, gross error, and a violation of 
8 C.F.R. $214.2 paragraph (h). 
The proffered position does not meet any of the requirements of 8 C.F.R. fj 214,2(h)(4)(iii)(A). Accordingly, 
the director's denial of the 1-129 petition shall not be disturbed. 
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The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. tj 1361 
The petitioner has failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.