dismissed H-1B Case: Engineering

wtiifiig data delctsd to 
vent clearly ttnw-tab 
invudm of wnal pirv~y 
PUBLIC COPY 
U.S. Departmet~t of Homeland Security 
20 Massachusetts Ave. N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 04 249 5 1148 Office: TEXAS SERVICE CENTER Date: JUL I 7 IUU~ 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(H)(i)(b) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 101(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. 
- 
Administrative Appeals Office 
SRC 04 249 51148 
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 cement pipelining business that seeks to employ the beneficiary as an operations manager 
and to classify him as a nonimmigrant worker in a specialty occupation pursuant to section 101 (a)(l S)(H)(i)(b) 
of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 101 (a)(l 5)(H)(i)(b). 
The director denied the petition because the petitioner failed to establish that the beneficiary is qualified to 
perform the duties of a specialty occupation. On appeal, the petitioner submits additional evidence. 
To determine whether an alien is qualified to perform the duties of a specialty occupation, CIS looks to the 
petitioner to establish that the beneficiary meets one of the requirements set forth at Section 2 14(i)(2) of the 
Act, 8 U.S.C. fj 1184(i)(2) -- full state licensure to practice in the occupation, if such licensure is required; 
completion of a degree in the specific specialty; or experience in the specialty equivalent to the completion of 
such degree and recognition of expertise in the specialty through progressively responsible positions relating to 
the specialty. 
The director found that the beneficiary did not hold a degree related to engineering management or its 
equivalent as required by the proposed position. Based on the director's decision, the AAO concludes that the 
proposed position is that of an engineering manager. On appeal, the petitioner does not indicate any 
disagreement with the director's analysis of the nature of the degree (or equivalent) required to perform the 
duties of the proposed position. 
To determine what academic background prepares individuals to seek employment as engineering managers, 
the AAO turns to the Department of Labor's Occupational Outlook Handbook (Handbook), on which it 
routinely relies for information on occupations and their requirements. In pertinent part, the Handbook's 
description of the training required for engineering managers states: 
Strong technical knowledge is essential for engineering and natural sciences managers, who 
must understand and guide the work of their subordinates and explain the work in 
nontechnical terms to senior management and potential customers. Therefore, these 
management positions usually require work experience and formal education as an engineer, 
scientist, or mathematician. 
Most engineering managers begin their careers as engineers, after completing a bachelor's 
degree in the field. To advance to higher level positions, engineers generally must assume 
management responsibility. To fill management positions, employers seek engineers who 
possess administrative and communication skills in addition to technical knowledge in their 
specialty. Many engineers gain these skills by obtaining a master's degree in engineering 
management or a master's degree in business administration (MBA). Employers often pay for 
such training. In large firms, some courses required in these degree programs may be offered 
onsite. Typically, engineers who prefer to manage in technical areas pursue a master's degree 
in engineering management, while those interested in nontechnical management earn an 
MBA. 
As the petitioner seeks to employ the beneficiary as an engineering manager, it must establish that the 
beneficiary holds a bachelor's degree or its equivalent in engineering or a related field. 
SRC 04249 51148 
Page 3 
The record of proceeding before the AAO contains, in part: (1) Form 1-129 and supporting documentation; 
(2) the director's request for additional evidence (RFE); (3) the petitioner's response to the RFE; (4) 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. 
At the time of filing, the petitioner submitted an evaluation of the beneficiary's academic and employment 
that concluded that the beneficiary's 
ree in engineering management. The 
- 
director determined, however, that the beneficiary's work experience was not the equivalent of a U.S. 
bachelor's degree in engineering management. 
The AAO now turns to the record to determine whether or not the submitted documents establish that the 
beneficiary is qualified to perform the duties of the proposed engineering management position. Discussion of 
how an alien qualifies to perform services in a specialty occupation is found at 8 C.F.R. $ 214.2(h)(4)(iii)(C), and 
requires the individual to: 
(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 unrestricted 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, and/or progressively responsible experience that is 
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. 
None of the first three criteria apply to the beneficiary. The beneficiary does not possess a U.S. bachelor's degree 
in engineering or a foreign academic degree. Nor does the proposed position require a license or certification. 
The petitioner must, therefore, demonstrate that the beneficiary's combined education, training, and employment 
experience establish his eligibility to perform the duties of a specialty occupation under the fourth and final 
criterion at 8 C.F.R. $ 2 14.2(h)(4)(iii)(C). 
For the purposes of 8 C.F.R. tj 2 14.2(h)(4)(iii)(C)(4), equivalence to a U.S. bachelor's or higher degree shall 
mean the 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 bachelor's or higher degree in the specialty, 
and shall be determined by one or more of the following requirements at 8 C.F.R. tj 214.2(h)(4)(iii)(D): 
(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; 
SRC 04 249 5 1 148 
Page 4 
(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 AAO does not accept th 
 evaluation that analyzes the 
beneficiary's work experience. 
 dentials evaluation business. 
Therefore, its evaluation is a reliable assessment only of the beneficiary's educational credentials. 
 The 
petitioner has not established that the evaluator is an official who has authority to grant college-level credit for 
training and/or work experience in engineering at an accredited college or university which has a program for 
granting such credit based on an individual's training and/or work experience. The evaluator's resume does 
not establish that he has authority to grant college-level credit in engineering or a related field, as required 
under 8 C.F.R. 214.2(h)(4)(iii)(D)(I). The AAO reviewed the letter 
for Pace University in New York, attesting to the university's use o 
 valuations. 
However, it responds to neither of the deficiencies the AAO has 
official with the authority to award college-level credit for 
experience and 
 as a program for awarding such credit. The AAO may, in its discretion, 
use as advisory opinion statements submitted as expert testimony. However, where an opinion is not in 
accord with other information or is in any way questionable, the AAO is not required to accept or may give 
less weight to that evidence. Matter of Caron International, 19 I&N Dec. 791 (Comm. 1988). 
The record does not establish the beneficiary's qualifications to perform the duties of the proposed position 
under any of the first four criteria at 8 C.F.R. tj 214.2(h)(4)(iii)(D). Accordingly, the AAO now turns to an 
evaluation of the beneficiary's background under the fifth criterion - a determination by CIS that the 
equivalent of a 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. 
To evaluate a beneficiary's qualifications under the fifth criterion, CIS considers three years of specialized 
training and/or work experience to be the equivalent of one year of college-level training. To establish 
equivalence to a master's degree, the beneficiary must have a baccalaureate degree followed by at least five 
years of experience in the specialty. The record must also establish that the beneficiary's training and/or work 
SRC 04 249 51 148 
Page 5 
experience included the theoretical and practical application of the specialized knowledge required by the 
specialty occupation, that this experience was gained while working with peers, supervisors, or subordinates 
who have degrees or the equivalent in the specialty occupation and that the beneficiary's expertise in the 
specialty has been recognized, as evidenced by one of the following: 
(i) 
 Recognition of expertise in the specialty occupation by at least two recognized 
authorities in the same specialty occupation1; 
(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 AAO has considered the evidence of record related to the beneficiary's prior work experience, and 
whether it has included the theoretical and practical application of specialized knowledge required by the 
specialty. Evidence of the beneficiary's work experience consists of his resume and employment v rific ti n 
letters from thre or o aa 
a civil engineering 
In response to the RFE, the petitioner 
supplemented the three letters submitted at the time of filing with additional correspondence from two of the 
same individuals. All three authors have worked with the beneficiary on various projects and know the 
beneficiary's work well. They all assert that the beneficiary's work experience is equal to at least the 
equivalent of a bachelor's degree in engineering or a related field. The letters generally describe the 
beneficiary's duties in these positions and indicate that the jobs the beneficiary has held have included 
increasing responsibility. They do not, however, prove that the beneficiary's duties required the theoretical 
and practical application of specialized knowledge required by the proposed position. The letters offer only a 
an overall description of the beneficiary's duties, not a specific discussion of the beneficiary's day-to-day 
tasks. Neither do they establish that the beneficiary's experience was gained while working with peers, 
supervisors, or subordinates who have degrees or their equivalent in engineering a related field. Althoi~gh the 
supplemental letter written by- indicates that this was the case, it is not supported by any 
documentation to identify these individuals, their positions, or the degrees they hold. Going on record 
without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
1 
 Recognized authority means a person or organization with expertise in a particular field, special skills or 
knowledge in that field, and the expertise to render the type of opinion requested. A recognized authority's 
opinion must state: (I) the writer's qualifications as an expert; (2) the writer's experience giving such 
opinions, citing specific instances where past opinions have been accepted as authoritative and by whom; (3) 
how the conclusions were reached; and (4) the basis for the conclusions supported by copies or citations of 
any research material used. 8 C.F.R. tj 214.2(h)(4)(ii). 
SRC 04249 51148 
Page 6 
these proceedings. Matter of SofJicci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
The record does include documentation indicating that the beneficiary's expertise in engineering mana ement 
has been formally recognized by a British professional association. The supplemental letter fro& 
states that the beneficiary holds a "black card" manager certification from the Construction Skill 
Certification Scheme (CSCS). The record includes documentation that the beneficiary holds the claimed 
certification and evidence regarding CSCS certification requirements. 
On appeal, counsel contends that the beneficiary's CSCS certification is proof that the beneficiary has the 
equivalent of "post bachelor study." The AAO notes that the petitioner has submitted Internet materials that 
indicate that the CSCS certificate issued to the beneficiary establishes he has an occupational skill level that 
could equate to "post graduate qualification." However, the same materials also specifically state that 
"vocational and academic qualifications are different in terms of measuring knowledge and skills" and that 
there is no "exact correlation" between a particular academic qualification and a vocational qualification. 
Further, the bachelor's degree referenced in these materials is a foreign degree, not a U.S. bachelor's degree 
or one documented to be its equivalent, as required to establish the beneficiary's qualifications. 
Accordingly, the petitioner has not established that the beneficiary has acquired the equivalent of a bachelor's 
degree in engineering through a combination of education, specialized training, and/or work experience, as 
required to satisfy the requirements of the fifth criterion at 8 C.F.R. 
 2 14.2(h)(4)(iii)(D). 
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. 
ORDER: 
 The appeal is dismissed. The petition is denied.