dismissed H-1B Case: Dentistry

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
u. S. Citizenship 
and Immigration 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 10 l (a)(l S)(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 
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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 is a dental office and seeks to employ the beneficiary as an administrator. It endeavors to classify 
him as a nonimmigrant 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 1 0 1 (a)( 1 S)(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 asserting 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 1 Ol(a)(lS)(H)(i)(b) of the Act, 8 U.S.C. 5 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. 5 11 84(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 further defined at 8 C.F.R. 9 214.2(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. 9 214.2(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. 
fj 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 an administrator. Evidence of the beneficiary's duties 
includes the Form 1-129 petition with attachment and the petitioner's response to the director's request for 
evidence. According to this evidence the beneficiary would: 
Direct the overall administration of the dental office; 
Coordinate the activities of the dental staff and services; 
Develop programs for preventive dental medicine; 
Administer fiscal operations; 
Study and establish rates for dental services; 
Direct the hiring and training of personnel; and 
Develop and implement patient management plans, record progress notes, and assist in the provision 
of the continuity of care. 
The petitioner requires a minimum of a bachelor's degree in dentistry for entry into the proffered position. 
Upon review of the record, the petitioner has failed to establish that a baccalaureate or higher degree or its 
equivalent is normally the minimum requirement for entry into the offered position, or that a degree 
requirement is common to the industry in parallel positions among similar organizations. 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 an industry 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." 
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See Shanti, Znc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (quoting Hird/Blaker Corp. v. Sava, 712 
F. Supp. 1095, 1 102 (S.D.N.Y. 1989)). 
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 duties of the 
proffered position are essentially those noted for medical and health services managers in a dentist office, 
with some additional duties related to patient care. The occupation encompasses all individuals who plan, 
direct, coordinate, and supervise the delivery of healthcare. Medical and health services managers include 
specialists and generalists. Specialists are in charge of specific clinical departments or services, while 
generalists manage or help to manage an entire facility or system. These individuals work in both large and 
small facilities ranging from hospitals to group medical practices, and small physicianldentist offices. The 
Handbook notes that a master's degree in health services administration, long-term care administration, health 
sciences, public health, public administration, or business administration is the standard credential for most 
generalist positions in the field. A bachelor's degree is adequate for some entry-level positions in smaller 
facilities and at the departmental level within healthcare organizations, while on-the-job training may be 
substituted for education in physicianldentist offices and other facilities. In this instance, the proffered 
position is a health service manager in a dentist office with four employees. A bachelor's degree in a specific 
specialty is not, therefore, the normal minimum requirement for entry into position. The petitioner has failed 
to establish the criterion at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(l). 
The petitioner has also failed to establish that a degree requirement in a specific specialty is common to the 
industry in parallel positions among similar organizations, or that it normally requires a degree in a specific 
specialty for the position as the position is new in the petitioner's organization, and offers no evidence in this 
regard. The petitioner has, therefore, failed to establish the referenced criteria at 8 C.F.R. 
fj 2 14.2(h)(4)(iii)(A)(2) or (3). 
Finally, the petitioner has not established that the administrative duties of the offered position are so complex 
or unique that they can only be performed by an individual with a degree in a specific specialty, or that the 
duties are 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 administrative duties detailed are 
routinely performed in the industry by individuals with less than a baccalaureate level education in a specific 
specialty. The petitioner has failed to establish the referenced criteria at 8 C.F.R. 5 214.2(h)(4)(iii)(A)(2) or 
(4) with respect to these duties. 
The petitioner does state that the beneficiary would also perform the following duties with regard to patient 
care: develop programs for preventive dental medicine; and develop and implement patient management 
plans, record progress notes, and assist in the continuity of care. These duties, however, are too vaguely 
described to determine their complexity. For example, a dental assistant could develop programs for 
preventive dental medicine, such as developing a program for dental hygiene to be demonstrated to patients. 
On the other hand, the same duty could consist of a highly complex program that could only be performed by 
a dentist. The implementation of patient management plans could also be performed by dental assistants 
interviewing patients to discuss follow-up treatment and tasks to be performed between dental visits. 
Likewise, the implementation of patient management plans could involve the diagnosis and treatment of 
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patients that can only be performed by dentists. As these particular duties are to vaguely described, it cannot 
be determined that they meet any of the requirements of 8 C.F.R. $ 214.2(h)(4)(iii)(A)(I),(2) or (4). 
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. 
5 1361. The petitioner has not sustained that burden and the appeal shall accordingly be dismissed. 
ORDER: The appeal is dismissed. The petition is denied.