dismissed H-1B Case: Computer Science

identifying & &lefed to 
prevent clearly unwdted 
invasion of personal privscy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: WAC 04 192 52419 Office: CALIFORNIA SERVICE CENTER Date: AUG 0 8 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 1 Ol(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(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. 
' Administrative ~~~eals~ce 
WAC 04 192 524 19 
Page 2 
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 publishes books and advertising for the Iranian community. It seeks to employ the beneficiary 
as a systems analyst/programmer. The petitioner, therefore, endeavors to classify the beneficiary as a 
nonirnmigrant worker in a specialty occupation pursuant to section 1 0 1 (a)( 1 S)(H)(i)(b) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 9 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition because the evidence of record does not establish that the job offered qualifies 
as a specialty occupation. On appeal, counsel submits a brief. 
Section 214(i)(l) of the Act, 8 U.S.C. 9 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. fj 214.2@)(4)(iii)(A), to qualify as a specialty occupation, the position must meet one of the 
following criteria: 
(1) 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. 
WAC 04 1 92 524 1 9 
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The record of proceeding before the MO contains: (1) Form 1-129 and supporting documentation; (2) the 
director's denial letter; and (5) Form I-290B and 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 analystlprogrammer. Evidence of the 
beneficiary's duties includes: the Form 1-129; the attachments accompanying the Form 1-129; and the 
company support letter. According to this evidence, the beneficiary would perform duties that entail 
preparing detailed, specifications from which new or modified programs will be written; designing, coding, 
testing, debugging and documenting programs such as those for financial management systems, inventory 
control systems and programs to analyze and develop pricing strategies; planning the individual systems, 
designing the processing steps and formatting the output to meet the needs of the petitioner's various systems; 
and making the computer systems within the company compatible. The petitioner indicated that a qualif;ed 
candidate would possess a bachelor's degree in computer science or a related field. 
The director noted that in an analysis of whether a particular position requires a bachelor's de ee, CIS must 
e consider the particular needs of the business. The director noted that the Departmen s of Labor's 
Occupational Outlook Handbook (the Handbook) indicates that although a baccalaureate level of training is 
preferred by industries with complex computer systems it is not required for all computer programming 
positions. The director found that the proposed duties and stated level of responsibility do not indicate 
complexity or authority that is beyond what is normally encountered in the occupational field. The director 
determined that the proffered position was not a specialty occupation. 
On appeal, counsel states that the proffered position is a specialty' occupation. Counsel states that it is the 
petitioner's view that a bachelor's degree is required for entry into the position of systems 
analystJprogrammer. Counsel states that the beneficiary will provide technical support and development 
enhancements to the petitioner's existing computer systems both on sofhvare and hardware requirements 
needed to respond efficiently and effectively with suppliers and clients without the inconvenience of 
paperwork. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.R. 
5 214.2(h)(4)(iii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO first considers the criteria at 8 C.F.R. $5 214.2(h)(4)(iii)(A)(I) and (2): 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 Department of Labor's Occupational 
Outlook Handbook (Handbook) 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, Inc. v. Reno, 36 F. Supp. 2d 1 15 1, 1 165 (D.Minn. 1999)(quoting HirdBlaker Corp. v. Suva, 712 F. Supp. 
1095,1102 (S.D.N.Y. 1989)). 
WAC 04 192 52419 
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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. The AAO routinely consults the Handbook for its information about the 
duties and educational requirements of particular occupations. 
Counsel states that the duties of the proffered position are performed by systems analysts. The Handbook 
discloses that the duties of the proffered position are performed by computer systems analysts. Like the 
beneficiary, who will analyze all aspects of the petitioner's business operations and will formulate and 
implement computer systems, the Handbook reports: 
Computer systems analysts solve computer problems and apply computer technology to meet 
the individual needs of an organization. Systems analysts may plan or help develop new 
systems or devise ways to apply existing systems resources to additional operations. 
The Handbook mentions that most systems analysts work with specific types of systems - for example, 
business, accounting, or financial systems, or scientific and engineering systems - that vary with the kind of 
organization. 
The petitioner fails to establish the first criterion because the Handbook states that there is no universally 
accepted way to prepare for a job as a systems analyst. Though the Handbook indicates a bachelor's degree is 
a prerequisite for many jobs, some jobs may require only a two-year degree. Accordingly, the petitioner has 
not established that a baccalaureate or higher degree or its equivalent in a specific specialty is the normal 
minimum requirement for entry into the proffered position. 
The petitioner did not submit any evidence to establish the first alternative prong of the second criterion-that 
a specific degree requirement is common to the industry in parallel positions among similar organizations. 
Nor did the petitioner submit evidence regarding the second alternative prong-that the particular position is 
so complex or unique that it can be performed only by an individual with a degree. Of particular note is the 
fact that there is no documentary evidence pertaining to the business of the petitioner or the work that the 
beneficiary would perform for the petitioner. 
There is no evidence in the record to establish the third criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A): that the 
petitioner normally requires a degree or its equivalent for the position. 
The fourth criterion at 8 C.F.R. 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 the duties is usually 
associated with the attainment of a baccalaureate or higher degree. Once again, the Handbook indicates that 
some jobs may require only a two-year degree. The petitioner has not related the listed duties to its business 
of publishing books and advertising beyond what is normally encountered in the occupational field. Counsel 
states that the beneficiary will design and implement a new computer system that is very specific to the 
WAC 04 192 524 19 
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petitioner's needs. The petitioner has not shown, in relation to its business, that the duties of the proffered 
position are so complex or unique that they can be performed only by an individual with a degree in a specific 
specialty. Again, the Handbook reveals that the duties of the proffered position would be performed by a 
computer systems analyst, an occupation that does not normally require a specific baccalaureate degree as a 
minimum for entry into the occupation. Thus, the petitioner fails to establish the fourth criterion at 8 C.F.R. 
tj 2 14.2(h)(4)(iii)(A). 
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 on the 
ground that the proffered position does not qualify as a specialty occupation. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 1361. 
The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied.