dismissed H-1B Case: Finance

1 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
ideataying data &Id to 
pment clearly unwansdsd 
invasion of persond prhrm 
PUBLIC COPY 
FILE: EAC 04 255 50 1 19 Office: VERMONT SERVICE CENTER Date: JUN 0 8 2006 
PETITION: Petition for a Nonimmigrant Worlcer Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. $ 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. 
L 
Administrative ~~~ek'6s Office 
EAC 04 255 501 19 
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 mortgage company that seeks to employ the beneficiary as a loan officer. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to 
9 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 10 1 (a)(l 5)(H)(i)(b). 
The director denied the petition because the beneficiary is not qualified to perform the duties of a specialty 
occupation. On appeal, counsel submits a brief and additional evidence including a new credentials 
evaluation. 
Section 214(i)(2) of the Act, 8 U.S.C. 8 11 84(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. 5 214.2(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 fiom 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, andlor 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. 
The record of proceeding before the AAO contains, in part: (1) Form 1-129 and supporting documentation; 
(2) the director's denial letter; and (3) 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 loan officer. Counsel indicated that it is the 
petitioner's policy to hire only university degree holders for the proffered position. 
The director found that the beneficiary was not qualified for the proffered position because neither the 
beneficiary's baccalaureate degree in industrial engineering nor her work experience qualifies her for the 
EAC 04 255 50 1 19 
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proffered position. On appeal, counsel states, in part, that the petitioner seeks individuals with degrees in 
areas such as business, economics, law, engineering, or a related technical field, which provide specialty 
training in analytical, quantitative, and problem-solving analysis. Counsel states further that the beneficiary is 
qualified for the position because she holds the U.S. equivalent of a bachelor's degree in industrial 
engineering with a minor in business. Counsel submits a new credentials evaluation as supporting 
documentation. 
Upon review of the record, the petitioner has failed to establish that the beneficiary is qualified to perform an 
occupation that generally requires a bachelor's degree in finance, economics, or a related field. See the 
Department of Labor's Occupational Outlook Handbook, 2006-2007 ~nteiet edition, under the category of Loan 
Officers. The beneficiary does not hold a baccalaureate degree from an accredited U.S. college or university in 
any field of study, or a foreign degree determined to be equivalent to a baccalaureate degree from a U.S. 
college or university in a related field of study. Therefore, the petitioner must demonstrate that the beneficiary 
meets the criterion at 8 C.F.R. § 214.2@)(4)(iii)(C)(4). 
Pursuant to 8 C.F.R. 8 214.2(h)(4)(iii)@), equating the beneficiary's credentials to a United States 
baccalaureate or higher degree shall be determined by one or more of the following: 
(I) An evaluation fiom 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. 
On appeal, counsel submits a new evaluation from a company that specializes in evaluating academic 
credentials whose evaluator concluded that the beneficiary possesses the equivalent of a Bachelor of Science 
degree in industrial engineering with a minor in business administration fiom an accredited U.S. university. 
However, the evaluation is based, in part, upon 18 credit hours toward the beneficiary's master's degree in 
business administration, coursework that was not completed at the time of the petition's filing on September 
13, 2004. Citizenship and Immigration Services (CIS) regulations affirmatively require a petitioner to 
establish eligibility for the benefit it is seeking at the time the petition is filed. See 8 C.F.R. 103.2(b)(12). A 
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visa petition may not be approved at a future date after the petitioner or beneficiary becomes eligible under a 
new set of facts. Matter of Michelin Tire Corp., 17 I&N Dec. 248 (Reg. Cornm. 1978). CIS uses an evaluation 
by a credentials evaluation organization of a person's foreign education as an advisory opinion only.' Where an 
evaluation is not in accord with previous equivalencies or is in any way questionable, it may be discounted or 
given less weight. Matter of Sea, Inc., 19 I&N Dec. 81 7 (Cornrn. 1988). 
When CIS determines an alien's qualifications pursuant to 8 C.F.R. § 214.2(h)(4)(iii)(D)(5), three years of 
specialized training andlor 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 andlor 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 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 record contains another evaluation of the beneficiary's education fiom the same credentials evaluation 
service that was submitted at the time of filing. The evaluator found the beneficiary's foreign bachelor's 
degree in industrial engineering equivalent to a Bachelor of Science degree in industrial engineering as 
awarded by an accredited U.S. university. The record also contains training certificates related to industrial 
engineering and excerpts from a number of U.S. universities "as to the applicability of an Industrial 
Engineering degree to a wide variety of employment opportunities." 
The documentation does not establish equivalence to a bachelor's degree in finance, economics, or a related 
field. Further, the excerpts from the U.S. universities pertaining to the applicability of an industrial 
engineering degree to a wide variety of employment opportunities do not specify that this degree qualifies an 
individual for a mortgage loan officer job. Without documentary evidence to support the claim, the assertions 
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. § 214.2(h)(4)(ii). 
EAC 04 255 501 19 
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of counsel will not satisfy the petitioner's burden of proof. The unsupported assertions of counsel do not 
constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 (BIA 1988); Matter of Laureano, 19 I&N 
Dec. 1 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503,506 (BIA 1980). 
The AAO now turns to the beneficiary's prior work experience, and whether it included the theoretical and 
practical application of specialized knowledge required by the specialty. Although the beneficiary describes 
work employment on her resume, the record does not contain letters from her former employers. Simply 
going on record without supporting documentary evidence is not sufficient for the purpose of meeting the 
burden of proof in these proceedings. Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter 
of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Thus, the AAO cannot conclude that 
the beneficiary's past work experience included the theoretical and practical application of a body of highly 
specialized knowledge related to the proffered position, or 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. Furthermore, the record contains no evidence of the recognition of expertise required by 8 C.F.R. 
3 21 4.2(h)(4)(iii)(D)(S). 
In short, the record provides no basis for disturbing the director's decision. The petitioner failed to establish 
that the beneficiary is qualified to perform services in a specialty occupation according to the standards of 
8 C.F.R. $§ 214.2(h)(4)(iii)(C) and (D). 
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. 
Beyond the decision of the director, the AAO does not find that the proffered position is a specialty 
occupation because the record does not demonstrate that the petitioner requires a bachelor's degree in a 
specific specialty for the proffered position.2 For this additional reason, the petition may not be approved. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 3 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed. The petition is denied. 
2 The petitioner's website at ht tp : //www . ewmortgage . com/ew/ew/ew employment . asp 
describes the qualifications for its loan officer position as follows: "No experience necessary. Qualified 
applicants must have excellent communication and math skills and be self-motivated."