dismissed H-1B Case: Engineering

wLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: WAC 04 090 50344 Office: CALIFORNIA SERVICE CENTER Date: Am .2 5 21 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 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 i,nquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 090 50344 
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 is a manufacturing company that seeks to employ the beneficiary as an applications engineer. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to section 10 l(a)(l S)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1 10 15)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the proffered position. On 
appeal, counsel submits a brief and previously submitted evidence. 
Section 214(i)(2) of the Act, 8 U.S.C. 1184(i)(2), states that an alien applying for classification as an H-1B 
nonimmigrant worker must possess full state licensure to practice in the occupation, if such licensure is 
required to practice in the occupation, and completion of the degree in the specialty that the occupation 
requires. If the alien does not possess the required degree, the petitioner must demonstrate that the alien has 
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. 
Pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(C), to qualify to perform services in a specialty occupation, an 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 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. 
To meet the criterion at 8 C.F.R. 214.2(h)(4)(iii)(C)(4), the regulation at 8 C.F.R. 8 214.2(h)(4)(iii)(D) 
states that equating the beneficiary's credentials to a United States baccalaureate or higher degree shall be 
determined by one or more of the following: 
(1) An evaluation from an official who has authority to grant college-level credit for training 
andlor 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; 
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(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; or 
(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 record of proceeding before the AAO contains, in part: (1) Form 1-129 and supporting documentation; 
(2) the request for evidence; (3) the response to the request for evidence; (4) the director's denial letter; and 
(3) the Form I-290B, the appeal brief, and supporting evidence. The AAO reviewed the record in its entirety 
before issuing its decision. 
The petitioner is seeking the beneficiary's services as an applications engineer. An educational evaluation in 
the record reflects that the beneficiary holds the equivalent of a bachelor's degree in electrical engineering. 
The director found the beneficiary unqualified for the proffered position on the ground that the beneficiary's 
education, experience, and training are not equivalent to a baccalaureate degree in a field that is directly 
related to the proposed position. On a eal, counsel refers to the educational evaluation from Professor John 
Carroll and a letter from &chair of the computer science department at San Diego State 
University (SDSU), to establish the beneficiary's qualifications for the proposed position. 
Upon review of the record, the petitioner has not established that the beneficiary is qualified to perform the 
proffered position of applications engineer. 
The beneficiary does not possess a U.S. baccalaureate, or a foreign degree that is equivalent to a U.S. 
baccalaureate degree, required by the specialty occupation of applications engineer. The beneficiary does hold 
a two-year degree, which confers the title of communication electrician, from the Northern Alberta Institute 
of Technology in Canada. The petitioner must therefore demonstrate that the beneficiary meets the criterion 
at 8 C.F.R. fj 2 14.2(h)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. fj 214.2(h)(4)(iii)(D), equating the beneficiary's credentials to a U.S. baccalaureate or 
higher degree shall be determined by one or more of the following: 
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(1) 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; or 
(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 evidence in the record does not establish the beneficiary's qualifications pursuant to 
8 C.F.R. 5 214.2(h)(4)(iii)(D)(I). The letter from Mr. Beck, chair of the computer science department, 
indicates that Professor John Carroll, who is a faculty member in the computer science department of 
mathematical and computer sciences at SDSU in California, is an official who has authority to grant college- 
level credit for training and/or experience in the specialty at SDSU. However, Mr. Beck does not state in the 
letter that SDSU has a program for granting such credit based on an individual's training and/or work 
experience. Thus, the record fails to establish the beneficiary's qualifications under 
8 C.F.R. 5 2 14.2(h)(4)(iii)(D)(I). 
No evidence establishes the beneficiary qualifications for the proposed position under 
8 C.F.R. $5 214.2(h)(4)(iii)(D)(2), (3), or (4). 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. 5 214.2(h)(4)(iii)(D)(5), three years of 
specialized training and/or work experience must be demonstrated for each year of college-level training the alien 
lacks. 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 
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1 in the same specialty occupation ; 
(i i) 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. 
Upon a review of the record, the combination of the beneficiary's education and work experience is 
insufficient to establish the equivalent of a bachelor's degree in a field relating to the proposed position. The 
beneficiary holds a two-year degree, which primarily consisted of coursework in electrical engineering. The 
beneficiary's work experience, as depicted in letters from three former employers, establish that the 
beneficiary's prior positions involved the theoretical and practical application of specialized knowledge required - - - 
by the specialty ocEupation of applications engineer. However, only the lette; from 
which did not indicate the beneficiary's dates of employment, stated that the beneficiary's work experience 
was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the 
specialty occupation. In the letter, stated that the beneficiary "worked along side [plrofessional 
[elngineers." The submitted letters, therefore, fail to establish the beneficiary's qualifications pursuant to 
8 C.F.R. 5 214.2(h)(4)(iii)(D)(5). The AAO notes that the evidence in the record fails to establish that the 
beneficiary has recognition of expertise in the specialty by two recognized authorities in the field of applications 
engineering.2 For these reasons, the petitioner fails to establish the beneficiary's qualifications pursuant to 
8 C.F.R. 5 214.2(h)(4)(iii)(D)(5). 
As related in the discussion above, the petitioner has failed to establish that the beneficiary is qualified to 
perform the duties of the proffered position. 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. § 1361. 
The petitioner has not sustained that burden. 
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: (1) 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. 8 214.2(h)(4)(ii). 
The AAO acknowledges that Professor Carroll qualifies as a recognized authority based on his vita. 
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ORDER: The appeal is dismissed. The petition is denied.