dismissed H-1B Case: Computer Science

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington. DC 20529 
'BJ. S. Citizenship 
and Immigration 
Services 
EAC 03 084 5 1920 Office: VERMONT SERVlCE CENTER * r, q^"$ 
FILE: Date: c-# , - G 'LUJ 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(H)(i)(b) of the 
lmmigratation and Nationality Act, 8 U.S.C. 5 B l Ol(a)(l 5)(H)(i)(b) 
ON BEHALF OF PETITIONER: 
This is the decision of the Administrative Appeals Office in your case. AIP 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 
Aclmi~~istrative Appeals Office 
EAC 03 084 51920 
Page 2 
DHSCUS$ION: The senlice center director denied the nonimmigrmt visa petition and the matter is now before 
the Administrative Appeals Office (MO) on appeal. The appeal will be dismissed. The petition will be denied. 
The petitioner is a women's apparel business that seeks to employ the beneficiary as a systems administrator. 
The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occtapation pursuant 
to 5 !Ol(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 110P(a)(lS)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, the 
petitioner submits a letter. 
Section 214(i)(9) 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. 
Pursuant to 8 C.F.R. 5 214.2(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 requirernent 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. 
tj 2 14.2(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) Form 1-129 and supporting documentation; (2) the 
director's request for additional evidence; (3) the petitioner's response to the director's request; (43 the 
director's denial letter; and (5) Form I-290B and supporting documentation. The AAO reviewed the record in 
its entirety before issuing its decision. 
The petitioner is seeking the beneficiary's services as a systems administrator. Evidence of the beneficiary's 
duties includes: the 1-129 petition; the petitioner's January 14, 2003 letter in support of the petition; and the 
petitioner's response to the director's request for evidence. According to this evidence, the beneficiary would 
EAC 03 084 5 B 920 
Page 3 
perform duties that entail: maintaining all computers in the office; networking related computer programs; 
and maintaining the e-mail system and the MBI system, which is specific to the garment industry in ordering, 
inventory, invoice, and shipping procedures. The petitioner indicated that a qualified candidate for the job 
would possess a bachelor's degree in computer science or a related field. 
The director found that the proffered position was not a specialty occupation because the proposed duties ase 
not so complex as to require a bachelor's degree. Citing to the Department of Labor's Occupational Outlook 
Handbook (Handbook), the director noted that the minimum requirement for entry into the position was not a 
baccalaureate degree or its equivalent in a specific specialty. The director found further that the petitioner 
failed to establish any of the criteria found at 8 C.F.R. 5 214.2(h)(4)(iii)(A). 
On appeal, the petitioner states, in part, that the proposed duties, which entail monitoring and maintaining the 
daily operation of the MBH system including troubleshooting for malfunctions, and maintaining, repairing, 
and upgrading all of the petitioner's computers, are so complex as to require a bachelor's degree. The 
petitioner states further that the beneficiary is bilingual, a req~lirernent that was mentioned in the petitioner's 
job posting. The petitioner also states that its other IT employee, a systems analyst, holds a bachelor's degree 
in computes science. 
Upon review of the record, the petitioner has established none of the four criteria outlined in 8 C.F.W. 
tj 2 14.2(h)(4)(jii)(A). Therefore, the proffered position is not a specialty occupation. 
The AAO turns first to the criteria at 8 8.F.R. 5 214.2(h)(4)(iii)(A)o 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 m individ~~al with a degree. 
Factors often considered by CIS when determining these criteria include: whether the 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 fins 
"routinely employ and recruit only degreed individuals." See Shanti, Inc. v. Reno, 36 F. Supp. 2d 1 15 1, 1 B 65 (D. 
Minn. 1999)(quoting Hird/Blaker Corp. v. Sava, 712 IF. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
The M0 routinely consults the Handbook for its infomation about the duties and educational requirements o-F 
particular occupations. The A40 does not concur with the petitioner that the proffered position is a specialty 
occupation. A review of the Computer Support Specialists and Systems Administrators job descriptions in the 
Handbook, 2004-2005 edition, finds that many employers seek applicants with bachelor's degrees for systems 
administrators, although not necessarily in a computer-related field. No evidence in the Handbook indicates that a 
baccalaureate or higher degree in a specific specialty is required for a systems administrator position. 
Furthemore, the petitioner also has not established that the beneficiary's bilingual duties are of such complexity 
that a baccalaureate degree in a specific specialty, as distinguished from familiarity with the English and Chinese 
languages or a less extensive education, is necessary for the successfinl completion of its duties. Thus, the 
petitioner has not shown that a bachelor's degree in a specific specialty, or its equivalent, is required for the 
position being offered to the beneficiary. 
The record does not include any evidence regarding parallel positions in the petitioner's industry. The record 
also does not include any evidence from professional associations regarding an industry standard, or 
EAC 03 084 51920 
Page 4 
documentation to support the complexity or uniqueness of the proffered position. The petitioner, therefore, 
laas not established the criteria set forth at 8 C.F.R. 5 214.2@)(4)(iii)(A)(I) or (2). 
The AAO now turns to the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(AQo - the employer normally requires a 
degree or its equivalent for the position. Oln appeal, the petitioner states that its systems analyst holds a bachelor's 
degree in computer science. A systems administrator position and a systems analyst position, however, are not the 
same position. Furthermore, the record does not contain any evidence of the petitioner's past hiring practices and 
therefore, the petitioner has not met its burden of proof in this regard. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Tremure CraB of California, 14 
I&N Dec. 190 (Reg. Comm. 1972)). 
Finally, the AAO turns to the criterion at 8 C.F.R. tj 214.2(h)(4)(iii)(A)(4) - the nature of the specific duties is 
so specialized and complex that howledge required to perform the duties is usually associated with the 
attainment of a baccalaureate or higher degree. 
To the extent that they are depicted in the record, the duties do not appear so specialized and complex as to 
require the highly specialized knowledge associated with a baccalaureate or higher degree, or its equivalent, 
in a specific specialty. Therefore, the evidence does not establish that the proffered position is a specialty 
occupation under 8 C.F.R. 3 2 14.2(h)(4)(iii)(A)(4$. 
As related in the discussion above, the petitioner has failed to establish that the proffered position is a 
specialty occupations. 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. 5 1361. 
Tne petitioner has not sustained that burden. 
0mEW: The appeal is dismissed. The petition is denied.