dismissed H-1B Case: Computer Science

U.S. Department of Homeland Security 
20 Mass, Rm. A3042,425 1 Street, N.W. 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 05 076 53078 Office: VERMONT SERVICE CENTER Date: 2 1 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. €j 1 10 1 (a)(l 5)(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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 05 076 53078 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant 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 consulting and software development company that seeks to employ the beneficiary 
as a programmer/analyst. It endeavors to classify him as a nonirnrnigrant 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)(l5)(H)(i)(b). 
The director denied the petition because the beneficiary did not qualify to perform the duties of a specialty 
occupation. On appeal, counsel submits a brief and additional information stating that the beneficiary qualifies to 
perform the duties of a specialty occupation. 
The director's determination denying the 1-129 petition was based solely on the beneficiary's qualifications to 
perform the duties associated with that occupation. The only issue to be discussed in this proceeding is 
whether the beneficiary is qualified to perform the duties of a specialty occupation. 
Section 10 1 (a)(l S)(H)(i)(b) of the Act, 8 U. S.C. 1 10 1 (a)(l 5)(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)(2) of the Act, 8 U.S.C. 8 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess: 
(A) full state licensure to practice in the occupation, if such licensure is required to 
practice in the occupation, 
(B) completion of the degree described in paragraph (l)(B) for the occupation, or 
(C) 
 (i) experience in the specialty equivalent to the completion of such degree, and 
(ii) recognition of expertise in the specialty through progressively responsible 
positions relating to the specialty. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, the 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 unresticted 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, andfor progressively responsible experience that is 
EAC 05 076 53078 
Page 3 
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. 
Pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D), for purposes of paragraph (h)(4)(iii)(C)(4) of this section, 
equivalence to completion of a United States baccalaureate or higher degree shall mean achievement of a 
level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal 
to that of an individual who has a baccalaureate or higher degree in the specialty and shall be determined by 
one or more of the following: 
(I) 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 and/or 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; 
(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 offered position is that of a computer programmer/analyst. For programmer/analyst positions that require 
a bachelor's degree, many employers seek applicants who have a degree in computer science, information 
science, or management information systems (MIS). 
The petitioner submitted an evaluation of the petitioner's foreign education from a credentials evaluation service 
that found the beneficiary's foreign education, training and experience to be equivalent to a bachelor's degree in 
computer information systems from an accredited college or university in the United States. Credentials 
evaluation services are not authorized to evaluate an individual's work experience for degree equivalence 
purposes. They may only evaluate a beneficiary's foreign education. 8 C.F.R. 5 2 14.2(h)(4)(iii)(D)(3). The 
evaluation is, therefore, of little evidentiary value. 
unsel submits an evaluation of the beneficiary's past education, training and experience from Dr. 
Assistant Professor of Management Information Systems at Mercy College. Dr. opines that 
the beneficiary's education and experience are equivalent to bachelor's level training in computer information 
systems and related areas. As such, the etitioner contends that the beneficiary qualifies for the position under 
8 C.F.R. tj 214.2(h)(4)(iii)(D)(I). Dr.1) opinion does not state that the beneficiary's education and 
training are equivalent to the completion of a bachelor's degree in computer information systems and related 
EAC 05 076 53078 
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areas. He states that the beneficiary's education and experience are comparable to bachelor's level training in 
those areas. This statement is not sufficient to establish the above mentioned criterion. Further, although Dr. 
states that he has "authority to evaluate whether the [university] is to grant college-level credit for 
experience, training, and/or courses taken at other U.S. or international universities," the record does not 
confirm that affirmation. The record of proceedin 
mihi 
not contain a statement from any individual of 
appropriate authority at any university employing Dr 
 stating that he does in fact have such authority, or 
that the university has a program for granting such credit. Without this documentation, Dr. 
 opinion 
does not comply with 8 C.F.R. 8 214.2(h)(4)(iii)(D)(I). 
Citizenship and Immigration Services (CIS), may itself determine whether the beneficiary is qualified to 
perform the duties of the specialty occupation. That determination may be made pursuant to 8 C.F.R. 5 214.2 
(h)(4)(iii)(D)(S), which provides: 
For purposes of determining equivalency to a baccalaureate degree in the specialty, three 
years of specialized training andlor work experience must be demonstrated for each year of 
college-level training the alien lacks. For equivalence to an advanced (or Masters) degree, 
the alien must have a baccalaureate degree followed by at least five years of experience in the 
specialty. . . . It must be clearly demonstrated that the alien's training and/or 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: 
(i) Recognition of expertise in the specialty occupation by at least two recognized 
authorities in the same specialty occupation; 
(ii) 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 
(v) Achievements which a recognized authority has determined to be significant 
contributions to the field of the specialty occupation. 
The documentation recounting the beneficiary's work experience does not establish that the beneficiary's 
experience was gained while working with peers, supervisors, or subordinates who have a degree or its 
equivalent in the specialty occupation, or that the beneficiary has recognition of expertise in the specialty. 
CIS cannot, therefore, determine that the beneficiary is qualified to perform the duties of the specialty 
occupation. 
The petitioner also asserts that the beneficiary was previously granted H-1B status for a similar position and 
was deemed qualified for that position based upon his education and training. This reference will not sustain 
EAC 05 076 53078 
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the petitioner's burden of establishing H-1B 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 and the beneficiary's qualifications can be made. Each 
nonimmigrant petition is a separate proceeding with a separate record. See 8 C.F.R. !$ 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. !$ 103.2(b)(16)(ii). For the reasons discussed above, the record does not establish 
that the beneficiary is qualified to perfom the duties of a systems analyst. 
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 failed to sustain that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.